As nursing home staffing agencies popped up amid the pandemic’s exacerbated staffing crisis, so too have litigation pitfalls for operators eager to fill shifts as the staffing crisis continues.
One such pitfall that is expected to become a huge issue for operators is related to bringing 1099 workers, or independent contractors, for clinical positions into facilities, executives said.
In the past, 1099 workers in the SNF space were typically high-level clinical professionals, registered nurses (RNs) working in a supervisory capacity and qualified to make decisions on their own. Due to the labor shortage driven by the pandemic, nursing homes began using independent contractors in a variety of areas and with less specialized skill sets.
Today, they form almost 25% of the workforce. This increase in independent contractors, especially in the ranks of clinical 1099 workers, brings on more liability upon nursing homes. Part of the reason stems from facilities not being able to train 1099 workers due to legal ramifications.
And yet, facilities – and staffing agencies that provide them – can still be held legally responsible for the incompetence of 1099 workers, as a number of lawsuits show. All in all, greater staffing agency use has meant more 1099 workers and more headaches for SNFs, and has resulted in congressional action as well.
“The whole health care staffing industry, up until recently, has been almost entirely W2,” said David Coppins, CEO for IntelyCare, which provides...
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