By Megan Sayles,
AFRO Business Writer,
msayles@afro.com
Members of Caring Across Maryland, a coalition that represents advocates, workers and patients in nursing homes, assisted living and home care, assembled in Annapolis, Md. on March 5 alongside partner organizations to rally support for key legislation that would enhance compensation and data collection across the state’s care landscape.
The event was a part of a larger national campaign spearheaded by the National Domestic Workers Alliance (NDWA). The initiative advocates for government to invest in a care infrastructure that provides comprehensive support and services to paid and unpaid caregivers and those who receive care. This includes living wages, benefits and pathways to citizenship for care workers, who predominantly tend to be women and people of color.
Caring Across Maryland championed two bills while in Annapolis, the Homecare Workers Rights Act, or HB39, and HB189. The first would bar the Maryland Department of Health from reimbursing residential service agencies (RSAs) that hire care workers as independent contractors. The second would require RSAs to submit data to the Maryland Department of Labor regarding wages for care workers.
“We’re working to transform the care industry,” said Chanelle Croxton, director of state strategies and organizing for NDWA. “We’re making sure that people who need access to care can get that access and that the folks who are working in it are able to have dignified wages and be in this profession that they love without having to sacrifice their livelihood.”
According to the Bureau of Labor Statistics (BLS), Maryland’s home health and personal care aides earned an average of $15.67 per hour and $32,590 each year in 2022. Meanwhile, their day-to-day responsibilities can include assisting individuals with bathing and dressing, administering medications, shopping for groceries, preparing meals, housekeeping and driving individuals to appointments.
Aside from substandard wages, a major issue for the care industry is misclassification. According to Croxton, care workers are classified as independent contractors at times. This has implications for labor protections and taxes.
Care workers classified as independent contractors must use 1099 tax forms, meaning they are subject to paying for both self-employment and income taxes. They also do not receive benefits like overtime pay and health insurance.
Baltimore native Vivian Boone has been in home care for 35 years, working for The Elizabeth Cooney Agency, Sunrise Senior Living and Chesapeake Home Health Care amongst other agencies. Over her career, she’s generally made anywhere from $12 to $15. She works a part-time job in a school cafeteria to supplement her income.
“If it’s a difficult patient, you might get $18,” said Boone. “But that doesn’t [reflect] that I have to come in, get you out of bed, put you in your wheelchair, help you stand to get a shower, cook your meals and wash your clothes. It takes a toll.”
Although Boone said she was hired as an employee, her current agency has classified her as an independent contract.
“I get no benefits. None. I’m going to be hit real hard at the end of the tax year,” said Boone. “Yeah, I could find another job, but right now I just want to focus on getting this fixed.”
Croxton said HB189 is positioned to complement a federal proposal from the Centers for Medicare and Medicaid Services that would direct more funds to care workers’ wages. The rule, Ensuring Access to Medicaid Services, proposes that 80 percent of Medicaid payments for homemaker, home health aide and personal care services be earmarked for workers’ compensation.
“With information on what workers are making, we’re able to come back to the legislature to ask for our fair share of that and ensure that workers actually see the benefit from the funding that’s put toward this work,” said Croxton.
Both bills have passed the House and are being considered by the Senate Finance Committee.
Megan Sayles is a Report For America corps member.
