Complaint Investigation Report

The HCO administrator stated that they do not give their HCAs an option whether to operate as a 1099 Contractor or a W-2 employee. The HCO administrator stated that they do not hire independent contractors as that would be against Home Care statutes. Records obtained could not corroborate the allegation that the HCO is employing independent contractors to provide care.

Based on the EA's observations, interviews and records review, there was insufficient evidence to prove the allegation as the preponderance of evidence standard was not met although the allegation may have happened or is valid, therefore the allegation is found to be unsubstantiated. A copy of this report and appeal rights were provided via electronic mail.