Guidance for California HCAs to Opt Out of Information Sharing

HCAOA consulted a labor attorney on behalf of California member agencies regarding the California Home Care Services Consumer Protection Act, which requires the Department of Social Services (DSS) to provide the names, phone numbers, and addresses of new or renewing registered home care aides (HCAs) to labor unions upon request, unless the HCAs opt-out. 

Recently, DSS has been sending HCAs opt-out notices stating that unless caregivers specifically opt-out of this information sharing, their contact information will be provided to labor organizations upon request.
 
It is very important that home care agencies remain neutral regarding their decision to opt-out. A labor attorney confirmed for HCAOA that sending the following bolded language to your caregivers is permissible under California law.
  
We have received inquiries from some of our aides regarding the Department of Social Services’ registration and renewal process. As stated in these letters from the Department, California state law protects the right of all home care aides to “opt-out” of allowing the Department to share your personal contact information with labor organizations.
 
If you do not want your personal contact information shared with labor organizations, you should send an email asking that your information not be shared to: [email protected]. You may also inform the Department by mail that you want your information withheld by checking the box next to "I wish to opt out" on the letter DSS sent and mail it to:
 
DSS Home Care Services Bureau
744 P Street, MS 9-14-90
Sacramento, CA 95814
 
Your email can simply state “I do not want my contact information shared with any third parties, including labor organizations.”