Complaint Investigation Report

The HCO licensee stated that they used an HCA on an independent contractor basis intermittently this year as the HCA worked for less than five days. The HCO licensee stated that they have since put them on the payroll and understood that HCAs have to be W-2 employees. The HCO licensee will provide the EA with the latest Quarterly Contribution Return and Report of Wages reported to the Employment Development Department (EDD) of California to reflect the taxes withheld. EA informed the HCO that it is against HCO statutes to employ caregivers who are independent contractors.

Based on the EA's observations, interviews and records review, the preponderance of evidence standard has been met, therefore the above allegation is found to be substantiated. A copy of this report, HCS9099-D for deficiency, and appeal rights were provided.