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Blake, Lawyer
Category: Legal
Satisfied Customers: 43
Experience:  Counsel at Warningstar Intelligence
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I am an RN with 20 years experience and I want to now move

Customer Question

I am an RN with 20 years experience and I want to now move away from the hospitals and start an at home health care for special needs patients who would prefer a more one on one attention. What are the requirements to start such a venture? I live in a very nice home in an upscale neighborhood, we have a pool and a spa for things like therapy and aqua aerobics.
Submitted: 4 months ago.
Category: Legal
Expert:  Blake replied 4 months ago.

Hello, my name is ***** ***** I am an attorney here at JustAnswer. First of all, this sounds like a great idea and you must be very caring to want to do this. It is also very responsible of you to make sure that you proceed legally and take all of the appropriate steps to make this business a reality. Before I go any further I would like to strongly advise you to look into hiring an attorney in your area to help you complete the requirements I am about to list. A competent and experienced attorney will have done this before and can make the process much less painless and risky for someone who might not have much experience in dealing with legal filings. In any case, here are the requirements, as you requested:

1) Licensing

As you might already know, you will need the appropriate licensing in California in order to start this business. You are clearly already licensed as a nurse, so I will skip explaining that part to you. Your new business will also need to be licensed, however. This means that you will need to obtain a Home Health Agency License. The kind of Home Health Agency license you must obtain will depend upon whether or not you plan to administer skilled California licensed nursing and rehab therapy services under physician’s orders. It sounds like you are planning to administer skilled care. If you are not planning to do this, then the licensing process is much simpler and you only need a non-medical home care agency license (which would allow you to provide only a small range of services such as personal care, assistance with daily living activities, meal preparation, housekeeping and transportation). Unfortunately, because you will need the more complicated kind of license - a license for a medical skilled home health agency - the specific steps to follow are too complex to list here in detail. I am providing a link to a website, however, which will walk you through the steps:

This website should answer all of your questions about licensing and even provides a phone number to call for more explanation. I am sure it will be very valuable to you.

I am also providing another link which is the direct link to the California department of public health forms for creating a Home Health Agency:

I am sure this link will be very helpful to your new venture as well.

2) Zoning

Many small businesses start at home, but owners rarely think of zoning laws that affect their doing business in their own residential area. Zoning law violations can result in fines, additional business costs and even the closing of the business. These laws refer to residential use, neighborhood traffic laws and even the ability to park in front of the home. You should contact your local government to see if a home health care facility in your particular area violates any special zoning ordinances.

3) Business Registration

You should decide whether to run the business either as a sole proprietor, partnership, limited liability company, or corporation. Most business owners choose to register as a limited liability company because of its protection of personal assets and favorable tax status. You will have to make this decision for yourself, however, and I strongly suggest consulting with an attorney specializing in business law when making this decision as she can explain the financial, legal, and accounting implication of each business structure and help you decide which option is best for you. Once the registration is complete, you will need to visit the Internal Revenue Service website to obtain an Employer Identification Number, EIN. This number is ***** to open a bank account under the business name and to file the business tax forms.

4) Insurance

Obtaining insurance quotes and purchasing appropriate insurance coverage is an important step in setting up a business. You should speak with an insurance agent about the special insurance requirements that California may require for your business.

I hope this quick guide will be helpful for you in setting up your new business. If there is any more information you would like me to provide, or any way I can be of further assistance in this matter please let me know. I wish you all the best on your new venture!

Expert:  Blake replied 4 months ago.

Hello, this is Blake again. I am just following up to make sure you are satisfied with the answer you received. If there is anything you would like me to clarify please don't hesitate to ask. I am always happy to help.

On the other hand, if this information is sufficient and you feel satisfied with this answer at this point, then I would ask that you please kindly remember to press the accept button and to issue a positive rating now before you leave this page by choosing from the ratings. This is very important since it is how I receive credit for my service.

I sincerely ***** ***** all the best in this. And, as I said, please feel free to let me know if there is any way I can be of better service on this.

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