Home care and long-term care providers face claims by patients and families alleging that care or supervision fell short. Those cases usually depend on the plan of care, the aide's documented duties, supervision and visit records, and the applicable regulatory standards.
We defend agencies and facilities in these matters, from the first demand or notice of claim through litigation, arbitration or settlement. Early steps include preserving records and electronic data, reviewing the plan of care and visit documentation, and aligning the response with insurers and any regulatory reporting obligations.
The caregiving workforce is subject to specialized rules. We advise on wage and hour compliance, including live-in and 24-hour shift issues, wage parity requirements where they apply, overtime, training and staffing requirements, and independent contractor classification, and we defend agencies in wage claims and agency investigations.
We also review the agency's policies, aide agreements, admission and service agreements and incident procedures so that problems are documented and handled consistently before a claim arises.