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Hayley7287 Asked April 18, 2024

I just started an LLC providing home care for elders. Can I hire a CNA?

I recently started my LLC providing assistance for elders and adults with disabilities in Wyoming. I am a caregiver and I have also hired 2 independent contractors to work with me.


At this time we help with cooking, cleaning and driving clients to appointments. Many of my clients need more personal care that a CNA can provide. I have been considering hiring a CNA as an independent contractor to join my team but I worry about the liability.


If anyone can assist me with any advice that would be greatly appreciated.


Thank you so much!

JoAnn29 Apr 18, 2024
I think your problem would be the IRS. CNAs are not considered self-employed by IRS. If hired privately, the person hiring has to take out payroll taxes, match SS and send the deductions to the correct agencies. Are your independent contractors paying taxes on money earned? Are you supplying 1099s.

One of our contributors, Brunt, just opened her own Caregiving business. Maybe she can help you.
Geaton777 Apr 18, 2024
JoAnn, the CNAs would be working for an LLC, not a private person. Still, the OP needs to know what the rules are for WO about who is considered a contractor vs. an employee. Here in MN, the IRS has several criteria, like if the employer determines where you work, when you work, and how regularly you do work for them. Also in MN, an "employer" is required to have Workers Comp for such employees.

BurntCaregiver is the contributor, and IDK if she has an LLC, but she is not in WO.
AlvaDeer Apr 18, 2024
I would caution you, if you don't know about issues of liability, and etc. and are doing caregiving as a business, that you should get some expert advice.
I would consider spending some time and money with a good elder care attorney in your area who can point you in the direction of learning all of the rules and regulations for your state (there will be many and there will be oversight, and ignorance of the rules will be no excuse under the law).

Form a list of questions and do this before taking on any clients. You are responsible for a whole lot when you have a business and are not just hiring out as a caregiver. Your need for excellent insurance will be a must. Just think of how often elders fall (and they inevitably DO due to balance issues). Read on Forum the numbers of upset family members wishing to bring suit against caregivers.

There's so much to know in terms of rules, regulations, liability, bookkeeping and so on.

You are so very needed, but you have taken on a really, really tough job in which you will be the one "at blame" in the minds of families who have difficulties with their seniors and the care.

Do visit the admins of other small facilities doing this work, if you haven't already. Ask for a quiet sit down over coffee. Just ask them "What don't I know! What here can I not imagine? What is worst case screnario for me?"
No matter how much information you have it can never be enough.

I will give you one simple for-instance:
When my brother (Dx. probable early Lewy's) was in care he was quite early in diagnosis and doing quite well. Some hallucination but he was AWARE it was. However, some paranoia he was NOT aware of, and he believed he had money taken. I couldn't convince him otherwise and he reported it. Later, of course, he found it. Both admins and I myself knew he was mistaken. But they HAD TO according to them and according to regulations call police and report the theft. Sadly. Here they had the rule "no cash to be kept in room". STILL they had to call police.

I wish you so very much good luck going forward. You are taking on a lot. People always consider the cost of care; they never consider the realities of those giving that care. It's why so few will take it on without corporate backup.

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Geaton777 Apr 18, 2024
You need a corporate attorney and you need to educate yourself on the business model you seem to be pursuing. We on this forum cannot help you since we aren't attorneys and most of us don't live in WO.

Some on this forum have run small-scale caregiving businesses, but not sure if any of them have been in WO. Business laws are specific to each state and can vary widely.

If you use contractors you will still need robust liability coverage. There have been several posters on this forum wanting to sue facilities and hospices for things that were perfectly acceptable and normal. I have a cousin in Dallas who is a very savvy business owner (ran a very successful 60-truck plumbing contract business for decades). He bought a nursing home thinking his knowledge and experience base would transfer... he couldn't get out of it fast enough. Providing care to the elderly is fraught with all kinds of pitfalls and regulations. I wish you all the best in your enterprise but just go into it with your eyes fully open and having done lots of research first, and definitely work with an experienced attorney.

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