Bill Text: GA SB196 | 2011-2012 | Regular Session | Introduced
Bill Title: Private Home Care Providers; revise definition; exclude from the definition contractual arrangements with independent contractors
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-03 - Senate Read and Referred [SB196 Detail]
Download: Georgia-2011-SB196-Introduced.html
11 LC
37 1176
Senate
Bill 196
By:
Senator Seabaugh of the 28th
A
BILL TO BE ENTITLED
AN ACT
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laws and parts of laws in conflict with this Act are repealed.