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Home » US Law » 2022 Maryland Statutes » Health - General » Title 15 - Assistance Programs » Subtitle 9 - Collective Bargaining by Independent Home Care Providers

Section 15-901 – Definitions

    (a)    In this subtitle the following words have the meanings indicated.     (b)    “Independent home care provider” means an individual who:         (1)    Provides home care services that are directly reimbursed by the State or a fiscal intermediary functioning on behalf of the State, and not by an agency or business that employs employees or refers independent contractors as home […]

Section 15-902 – Legislative Intent

    In according independent home care providers and their representatives rights under this subtitle, it is the intent of the General Assembly that the State action exemption to the application of federal and State antitrust laws be fully available to the extent that the activities of the independent home care providers and their representatives are authorized […]

Section 15-903 – Bargaining Unit

    (a)    There shall be only one appropriate bargaining unit of independent home care providers in the State.     (b)    Independent home care providers may designate, in accordance with the provisions of this subtitle, which provider organization, if any, shall be the exclusive representative of all independent home care providers in the State.     (c)    (1)    The election and certification of the […]

Section 15-904 – Collective Bargaining

    (a)    The Department and the departments of Human Services and Aging shall designate appropriate representatives to participate in collective bargaining with the provider organization certified as the exclusive representative of independent home care providers.     (b)    Except as otherwise provided in this subtitle, the parties shall adhere to the bargaining process set forth in § 3–501 of the […]

Section 15-905 – Communication With State Officials on Matters of Interest

    The certification of an exclusive representative of independent home care providers by the State agencies engaged in collective bargaining under this subtitle does not prevent the certified provider organization or any other organization or individual from communicating with any State official on matters of interest, including appearing before or making proposals to the State agencies […]

Section 15-906 – Strikes Prohibited

    (a)    A provider organization may not call or direct a strike or other collective cessation of the delivery of services.     (b)    This subtitle may not be construed to grant any right, or imply that independent home care providers have any right, to engage in a strike or other collective cessation of the delivery of services.

Section 15-907 – Construction of Subtitle

    (a)    This subtitle may not be construed to make independent home care providers employees of the State.     (b)    This subtitle may not be construed in any way to deny program recipients of independent home care services the right to select, direct, and terminate the services of independent home care providers.