Private Duty Caregivers and Medications

It is becoming increasingly common for residents and their families to hire privately paid caregivers to provide additional companionship and services to residents living in an RCFE.  This type of arrangement raises many questions, including this one that we received from a Tuesday Tip subscriber:

“Can a resident’s hired private caregiver or companion, who is not an employee of the RCFE, assist or administer medications?”

This question is addressed in the Community Care Licensing RCFE Evaluator Manual which states:

“[Privately paid personal assistants] can also assist with self-administration of medication, but only if the resident’s physician documents that the resident can store and administer his/her own medications.  A privately paid personal assistant cannot assist the resident with care relating to any of the incidental medical services described in Regulation Sections 87605 through 87631.”

Physician documentation regarding the resident’s ability to self-administer can be found on the Physician’s Report (LIC602A). Keep in mind, while CCL may allow the private duty caregiver to assist the resident, if you feel it is unsafe or inappropriate based on the needs of the resident and circumstances in your Community, it may be best to have the assistance provided by your caregivers or med aides.

8 Responses to “Private Duty Caregivers and Medications”

  1. Clarify please;
    If the MD “ticks” able to self administer on the LIC 602 or 602A a resioendt may self administer. If staff/facility recognizes a safety issue one would notify the physician to evaluate and update status. Is there a specific 87___ # (87465) is not specific about this issue.
    Also, what if residents are living with a spouse who is capable to self administer and is administering the other spouse meds (either by setting up a pill set) or daily giving them their medications. Please direct to a LIC #. Thank you for helping us be compliant.

  2. Hello Jackie… in regulation 87465 it states:

    “Medications shall be centrally stored under the following circumstances…Because of potential dangers related to the medication itself, or due to physical arrangements in the facility and the condition or the habits of other persons in the facility, the medications are determined by either a physician, the administrator, or Department to be a safety hazard to others.”

  3. Does a private caregiver need to be certified or licensed in any way and does the caregiver need to carry insurance when going into a private home.? Does a caregiver need to have workers comp for themselves.? What if they have formed an LLC and are the sole owners. ? Does this protect them and also the client when care giving in a private home?

  4. Hello Chris. In California a private duty caregiver does not have to be licensed, but it is strongly recommended that they work for an agency that carries insurance, workers comp, etc. If not, the client and possibly the community are exposed to additional risk.

  5. Thank you Josh for the first part of the question. Would you please clarify if the LLC needs to be insured and carry workers comp. if I am not only the Administrator but also part owner of the LLC that wishes to be a caregiver in a private home. The LLC will also be licensed for an RCFE. Sorry the long question.

    Thanks your loyal client,
    Chris Conklin

  6. Dear Josh,

    I would like to be a care giver in a private home. I am a Certified Administrator and waiting for an LLC to get it’s RCFE License. I will be the Administrator for that company. Does the LLC act as an agency that would protect the homeowners from any possible risk. I do not want to work for an agency.

    Thank you in advance for these questions.
    Chris

  7. Hello Chris. These legal questions regarding LLC protections, are probably best directed to an attorney. I would suggested contacting Hanson Bridgett (www.hansonbridgett.com) or Gould and Hahn (www.gouldhahn.com).

  8. If a Caregiver gets Medication training and get certified, could he/she give medications at patient’s private home during the time private caregiving is being provided? (private duty caregivers) Thank you.

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