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<section article="ghg" article_name="Health - General" number="15-901" title_number="15" title_name="Assistance Programs" subtitle_number="9" subtitle_name="Collective Bargaining by Independent Home Care Providers">
  <level label="a">
    <text>In this subtitle the following words have the meanings indicated.</text>
  </level>
  <level label="b">
    <text>“Independent home care provider” means an individual who:</text>
    <level label="1">
      <text>Provides home care services that are directly reimbursed by the State or a fiscal intermediary functioning on behalf of the State, and not by an agency or business that employs employees or refers independent contractors as home care providers, under:</text>
      <level label="i">
        <text>The Medicaid Waiver for Older Adults that is jointly administered by the Department and the Department of Aging as established under § 15–132 of this title, or any successor program;</text>
      </level>
      <level label="ii">
        <text>The Medicaid Personal Care Program under the State Medical Assistance Program, or any successor program; and</text>
      </level>
      <level label="iii">
        <text>The In–Home Aide Service Program administered by the Department of Human Services, or any successor program;</text>
      </level>
    </level>
    <level label="2">
      <text>Is not employed or referred by an agency or business that employs employees or refers independent contractors as home care providers;</text>
    </level>
    <level label="3">
      <text>Contracts directly with a program participant for home care services; and</text>
    </level>
    <level label="4">
      <text>Provides home care services to a program participant personally and does not subcontract with any other party to provide the services to a program participant.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>“Provider organization” means an organization that:</text>
      <level label="i">
        <text>Includes independent home care providers; and</text>
      </level>
      <level label="ii">
        <text>Has as one of its purposes the representation of independent home care providers in their relations with the State.</text>
      </level>
    </level>
    <level label="2">
      <text>“Provider organization” does not include an agency or business that employs employees or refers independent contractors as home care providers.</text>
    </level>
  </level>
</section>
