Protecting_Caregiver_Privacy_(2)

 

Spotlight: California

AB 2455 became law on July 1, 2019. This act requires the California Department of Social Services (DSS) to disclose home care aide personal information to labor organizations upon request.

DSS has developed administrative procedures to implement the statute, including updating the registration process to include a notice that home care aide (HCA) information may be disclosed, that the HCA has a right to opt-out and includes instructions on the opt-out process.

Attention: Home Care Aides

What is AB 2455?

Assembly Bill 2455 impacts HCA applicants and renewing HCAs after July 1, 2019. The law requires DSS to provide the names and telephone numbers of new and renewing HCAs to labor organizations when requested. 

Opt-Out_Home_Page


How Does This Impact Me?

Starting July 1, 2019 when you go to apply as a new or renewing HCA there will be an additional step to the process which requires you to select whether or not you opt in or out of having your information shared with labor organizations. Please note that you are defaulted to be opted in to sharing your information unless you specifically select to opt-out during your application or renewal process. If you do not opt-out of this requirement, your full name and any telephone numbers on file with DSS will be released to a labor organization, upon their request.

How do I Opt-Out?

Visit the secure DSS registry site hereYou will need your PER ID/HCA ID and PIN to log in. Then follow the step-by-step wizard, clicking the second radio button to "Opt-Out to NOT share your information" on the "Disclosure of Personal Information" screen.

How Will My Information Be Used?

AB_2455_Opt-Out_Screen


If you decide to opt-in to having your information shared with labor organizations the law states that the labor organization can only use your information for employee organizing, representation, and assistance activities. According to the DSS website “the Department has no authority over labor organizations or control over what they do with the information. Additionally, if you opt-in at any point during your registration, there is a chance that your name and phone numbers may be provided to a labor organization and the Department cannot retract any personal information once it has been released to the labor organizations.”

Source: http://www.cdss.ca.gov/inforesources/Community-Care/Home-Care-Services/Laws-and-Policies

For Home Care Provider Organizations

DSS has developed a system to manage those HCAs that elect to opt-out, and the processes for disclosing the names/cell numbers, etc. of HCAs who do not opt-out. DSS has provided preliminary guidance on the opt-out process, and all additional guidance on AB 2455 will be published by DSS here

AB_2455_Timeline

Protecting Caregiver Privacy Across the Nation

Caregivers are the lifeblood of the home care industry. They make huge differences in the lives of their patients, and make it easy for the industry as a whole to grow.
 
A recent wave of legislation has emerged, aimed at creating caregiver registries. These registries, ostensibly aimed at easing worker organization, instead represent a major privacy risk for caregivers. Alongside other organizations concerned about anti-harassment, we have fought these efforts to collect and share caregivers' private information.
 
Where legislation is pending, we urge HCAOA Members to visit our Advocacy Action Network and help us to educate legislators and executive officials on the issues that affect the future of the home care industry. For a roundup of actions we're taking in other states, please click here