Law to help protect elders: Care providers will need licenses

COLUMBIA — The state government soon will be looking over the shoulders of the men and women who come into the homes of South Carolina's most vulnerable to help them perform daily tasks.

A new state law, introduced by Summerville Republican Rep. Jenny Anderson Horne and signed into law by Gov. Nikki Haley, requires licenses for in-home care providers that help elderly and disabled individuals perform daily living activities, such as cooking meals, bathing, getting out of bed and picking up around the house.

The state Department of Health and Environmental Protection is charged with developing new standards for the aides, such as passing drug tests and criminal background checks. The licenses won't be issued for at least a year as the new system is developed. Roughly 30 states have similar laws.

Some providers, including Nightingale's Nursing and Attendants on James Island and ComForcare Senior Services in West Ashley, already meet a self-imposed higher standard. While the state has no requirements in place, providers that treat Medicaid clients must now meet certain qualifications such as training and supervision that is spelled out by the federal government.

Horne said she sponsored the legislation after she learned about the lack of state protections as she searched for a person to give home-based care to her father-in-law, who has since passed away.

The intent is to protect seniors and disabled individuals from abuse, fraud and theft, Horne said. The law applies to businesses, not individuals, an exemption that is intended to allow family members to care for one another without having to secure a license. What's more, Horne said, without the law the state had no ability to block the aides from continuing to offer their service even after they were prosecuted for theft or other crimes.

'I personally interviewed individual caregivers … who had criminal records,' Horne said. 'It should not be this hard for the elderly and their children to find reliable and trustworthy care providers.'

The state does not keep statistics on the number of related crimes, although industry experts say it is common. For instance, The State reported Friday

that West Columbia police were looking for a 22-year-old Gaston woman accused of stealing more than $3,000 from a disabled woman in her care.

Sam Waldrep, deputy director for long-term care and behavioral health services for the state Medicaid agency, said, for example, if an elderly person is scalded by hot bath water by a neglectful aide without state regulations the best recourse for the family would be to make a complaint to the Better Business Bureau.

James R. Sawers of James Island, a doctor of nuclear physics and consultant, said after he had a stroke he used an unreliable in-home care company whose aides were late or didn't show up at all. He switched to Nightingale's about two years ago, and the difference between the companies means his ability to thrive, Sawers said.

'When it came time for me to identify an in-home care provider, there was no way to ensure that that provider was competent, willing, and able to deliver,' he said.

Gloria Kasler, a registered nurse and owner of Nightingale's, helped advocate for the state to pass the new law, because more and more providers were offering services in the state, but not watching out for the seniors or disabled individuals. Those providers would undercut the prices of the reputable companies and put vulnerable individuals at risk, she said.

'They may charge less and that sounds real good to you,' Kasler said, until a loved one is put at risk.

Not everyone is completely sold on the necessity of the law. Some providers worry that it could lead to higher costs for the service. That could come from the fee the state eventually charges for the license, which is not yet set. However, the fee is expected to be around $1,000 per business.

Richard Glassman, who owns ComForcare Senior Services in West Ashley with his wife, Helene, said he has no problem paying a reasonable amount for a license, but wants to see the state keep the costs in check. He said he already gives his aides drug tests and screens for criminal backgrounds and he welcomes the oversight from the state to help force out the unscrupulous providers. 'We play by the rules and I don't think all agencies do,' he said.

Reach Yvonne Wenger at 803-926-7855, follow her at twitter.com/yvonnewenger and read her Political Briefings blog at postandcourier.com/blogs.