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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Family Law

Date & Time
  • event Date

    Wednesday, November 12, 2025

  • schedule Time

    1:00 p.m. ET/10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Early Bird Pricing!
MSRP
$197.00
$167.45
Save $29.55

Discount expires 10/13/25

This course is $0 with these passes:

CLE
ALL

This CLE webinar will guide counsel through hiring and contracting for in-home care, employee vs. contractor classification (including live-in and agency models), Medicaid/Medicare intersections (caregiver agreements, look-back traps, home-transfer exceptions), and financial/physical abuse prevention and reporting.

Faculty

Elizabeth Loewy
Co-Founder and Chief Operating Officer
EverSafe

Ms. Loewy is the co-founder and Chief Operating Officer at EverSafe, a technology platform that monitors the financial health of older adults and families for fraud, identity theft, and age-related issues. The service also houses HelpVul, the nation’s first uniform reporting portal for financial services organizations, Adult Protective Services, and state securities regulators. Previously, Ms. Loewy was a prosecutor in the Manhattan District Attorney’s Office, where she oversaw the Office’s Domestic Violence Unit before founding its first Elder Abuse Unit − serving as its Chief for 18 years. She has served as trial counsel in a number of high-profile cases, including the investigation and prosecution involving the well-known New York City philanthropist, Brooke Astor. Ms. Loewy participated in the first National Policy Summit on Elder Abuse in Washington, DC in 2001 and presented at the most recent White House Conference on Aging in July of 2015. She has keynoted or presented on the subject of elder financial abuse at conferences in the US and Europe for financial institutions, banking and securities regulators, law enforcement, bar associations, prosecutors’ offices, academic institutions, state offices for the aging, residential health care facilities, and social services organizations. Ms. Loewy serves on the boards of HelpAge USA and the National Adult Protective Services Association (NAPSA)’s Financial Exploitation Advisory Board. She has authored a number of publications, including a book for professionals entitled “Financial Exploitation of the Elderly: Legal Issues, Prevention, Prosecution, Social Service Advocacy” (Civic Research Institute).

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Description

The panel will discuss how to navigate the regulatory landscape (FLSA domestic-service rules, DOL's 2024 independent contractor standard, proposed 2025 revisions to companionship/live-in exemptions), state/local overlays (domestic worker bills of rights, written contract mandates), and best practices for drafting caregiver/personal care agreements. 

The experts will review how caregiver contracts or personal care agreements support Medicaid eligibility when done correctly, using fair market compensation, contemporaneous records, physician corroboration of need, and tax compliance as a household employer, while avoiding transfers that trigger penalties during the five-year look-back. The panel will cover abuse and exploitation red flags (including POA misuse and undue influence), and mandatory reporting and APS pathways.  

Listen as our panel shares their expertise on handling common scenarios and drafting comprehensive agreements coordinated to Medicare/Medicaid requirements while avoiding misclassification, protecting the client's estate plan, and reducing exploitation risk.

Outline

I. Introduction

II. The home care landscape

A. Private hire, registries, agencies, HCBS waivers, consumer self-direction  

B. Terminology: personal-care aide, home health aide, custodial care, skilled care

III. Employment considerations

A. Status: independent contractor or employee

B. FLSA domestic service rules: companionship, live-in, travel time, sleep-time, third party (agency) or direct employee, recordkeeping requirements

IV. Regulatory landscape

A. New proposed DOL rules for live-in/companion exemptions, counseling

B. State regulatory requirements, e.g. domestic worker rights bills; contract requirements, overtime, breaks, discrimination, harassment, etc. 

V. Drafting contracts for in-home care

A. Core clauses: duties/scope, hours/overnights, wage and OT, breaks, sleep time, travel time, termination, confidentiality/privacy in a private home, incident reporting, and safety

B. Recordkeeping: household-employer taxes, EIN, FICA/FUTA, etc.

C. Background checks and screening; licensures, FCRA notices

VI. Intersection with Medicaid/Medicare planning

A. Personal care/caregiver agreements

B. Look-back and transfer penalties; child-caregiver home-transfer exception; timings

C. HCBS waivers and self-direction; funding services at home

VII. Safeguarding financial and physical abuse or exploitation

A. POA safeguards

VIII. Physical and disease-specific challenges

A. Dementia: capacity fluctuations, consent, wandering/safety, communication; documenting capacity assessments and respecting autonomy

B. Mobility/fall risk and ADLs: task boundaries for aides vs. skilled services

IX. Practitioner takeaways

Benefits

The panel will discuss these and other important topics:

  • Distinguishing employee vs. independent contractor status for in-home caregivers
  • Drafting written caregiver contracts that satisfy DWBR mandates (where applicable) and address wage/hour, safety, privacy, incident reporting, and termination
  • Structuring personal care agreements to support Medicaid eligibility and avoid look-back penalties; counseling on the child-caregiver home-transfer exception
  • Preventing exploitation using APS pathways, bank reporting signals, and POA controls