A consumer notice must include the following:

1. (1) The duties, responsibilities, and obligations of the placement agency to the:

   1. (A) home care services worker; and
   2. (B) consumer.

2. (2) A statement identifying the placement agency as:

   1. (A) an employer;
   2. (B) a joint employer;
   3. (C) a leasing employer; or
   4. (D) not an employer.

3. (3) A statement that notwithstanding the employment status of the placement agency, the consumer:

   1. (A) may be considered an employer under state and federal employment laws; and

   2. (B) may be responsible for:

      1. (i) payment of local, state, or federal employment taxes;
      2. (ii) payment for Social Security and Medicare contributions;
      3. (iii) ensuring payment of at least the minimum wage;
      4. (iv) overtime payment;
      5. (v) unemployment contributions under IC 22-4-11 ; or

      6. (vi) worker's compensation insurance as required by IC 22-3-2-5 and IC 22-3-7-34 ;

         of the home care services worker.

4. (4) The appropriate telephone number, address, and electronic mail address of the department for inquiries regarding the contents of the notice.

   The department shall determine the content and format of the consumer notice.

As added by P.L.212-2005, SEC.19.