Section 245.212  Services – Home Nursing Placement Agency

a)         Agencies licensed as home nursing placement agencies are in the business of securing or attempting to secure work for hire for persons seeking work or workers for employers.

b)         A placement agency, by definition, cannot be the employer of the worker.

c)         A placement agency must identify itself as a placement agency in all advertisement and marketing materials.

d)         The placement agency shall require and document that:

1)         An individual wishing to remain eligible for placement by the agency shall submit to a criminal background check;

2)         Anyone wishing to remain eligible for placement by the agency shall undergo a competency evaluation prior to placement to ensure that the individual is competent to provide the services that the consumer is seeking; and

3)         Anyone wishing to remain eligible for placement by the agency, even after an initial placement, shall participate in a minimum of eight hours of in-service training per year, provided and arranged for by the placement agency.

e)         The placement agency shall notify the worker both verbally and in writing of the implications of the worker's relationship to the client as the worker's employer.  The document must be printed in no less than 12 point type and shall include at least the following elements in the body or through supporting documents or attachments, indicating the responsible parties for the following:

1)         Employer of the licensed worker;

2)         Liability for the licensed worker;

3)         Payment of wages to the licensed worker;

4)         Payment of employment taxes, unemployment insurance, and worker's compensation for the licensed worker;

5)         Payment of Social Security taxes for the licensed worker;

6)         Day-to-day supervision of the licensed worker;

7)         Assignment of duties to the licensed worker;

8)         Responsibility for hiring, firing and discipline of the licensed worker; and

9)         Provision of equipment or materials for the licensed worker's use in providing services to the consumer.

            (Source:  Added at 32 Ill. Reg. 8949, effective June 5, 2008)