What responsibilities does a Brightstar Care franchisee have regarding screening employees for excluded status in Medicare and/or Medicaid programs?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
You have sole responsibility and authority for your labor relations and employment practices, including, among other things, employee selection, promotion, termination, hours worked, rates of pay, benefits, work assigned, discipline, adjustments of grievances and complaints, and working conditions. Agency employees are exclusively under your control at the Agency. We will not, directly or indirectly, exercise or reserve control over employment and personnel matters and decisions involving your Agency's employees. You must communicate clearly with Agency employees in your employment agreements, human resource manuals, written and electronic correspondence, paychecks, and other materials that you (and only you) are their employer and that we, as the franchisor of BrightStar Agencies, and our affiliates are not their employer or joint employer and do not engage in any employer-type activities (including those described above) for which only franchisees are responsible. Notwithstanding your use of the ABS or any Third Party Materials, you are solely responsible and liable for understanding and following wage and hour laws as well as all other state, local, and federal laws applicable to the Agency's operation. You must obtain an acknowledgment (in the form we specify or approve) from all Agency employees that you (and not we or our affiliates) are their employer.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
Based on the 2025 Brightstar Care Franchise Disclosure Document, the excerpt provided does not specify the franchisee's responsibilities regarding screening employees for excluded status in Medicare and/or Medicaid programs. However, the document does state that the franchisee has sole responsibility and authority for their labor relations and employment practices, including employee selection. It also states that the franchisee is solely responsible and liable for understanding and following all state, local, and federal laws applicable to the Agency's operation.
Given this information, it is likely that Brightstar Care franchisees are responsible for ensuring their employees are not excluded from participating in federal healthcare programs, as this would fall under compliance with applicable laws and responsible employee selection. However, the FDD does not explicitly confirm this.
A prospective Brightstar Care franchisee should ask the franchisor for clarification on the specific requirements and procedures for screening employees to ensure compliance with Medicare and Medicaid regulations. This would include understanding what databases or resources the franchisee is expected to use, what documentation is required, and what the consequences are for hiring an excluded individual.