Bill Text: GA HB479 | 2011-2012 | Regular Session | Introduced

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Bill Title: Private home care providers; arrangements with independent contractors; revise definition

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced - Dead) 2011-03-08 - House Second Readers [HB479 Detail]

Download: Georgia-2011-HB479-Introduced.html

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11 LC 33 4120

House Bill 479

By: Representatives Dempsey of the 13th, Channell of the 116th, Parrish of the 156th, Drenner of the 86th, and Sheldon of the 105th

A BILL TO BE ENTITLED
AN ACT

To amend Article 13 of Title 31 of the Official Code of Georgia Annotated, relating to private home care providers, so as to revise the definition of private home care provider to exclude from the definition contractual arrangements with independent contractors; to change certain provisions concerning certain employees; to revise exempt services; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 13 of Title 31 of the Official Code of Georgia Annotated, relating to private home care providers, is amended by revising paragraph (4) of Code Section 31-7-300 as follows:

"(4) 'Private home care provider' means any person, business entity, corporation, or association, whether operated for profit or not for profit, that directly provides or makes provision for private home care services through:

(A) Its own employees or agents; or

(B) Contractual arrangements with independent contractors; or

(C)(B) Referral of other persons to render home care services, when the individual making the referral has ownership or financial interest in the delivery of those services by those other persons who would deliver those services.

Private home care providers shall only include services provided by individuals who are employees, and not independent contractors, of a private home care provider or another employer who contracts with such private home care provider."

SECTION 2.

Said article is further amended by revising paragraph (1) of Code Section 31-7-305, relating to exempt services, as follows:

"(1) When those services are provided directly by an individual, either with or without compensation, and not by agents or employees of the individual and not through independent contractors or referral arrangements made by an individual who has ownership or financial interest in the delivery of those services by others who would deliver those services;"

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.