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Non-Medical Homecare Franchises: Licensing Requirements for Franchisees

Charles Internicola

by Charles Internicola
National Business and Franchise Lawyer

Date: 06/29/2012 | Category: Buy a Franchise | No comments

During the past number of months we have definitely seen an uptick in prospective franchisees interest in buying a Non-Medical Homecare franchise.  Many FDD’s have come across my desk including those for Home Helpers and Visiting Angels.  In reviewing these FDD’s and speaking – in depth with prospective franchisees – is the issue as to what type of license is needed?

Considering Purchasing a Franchise? We recommend:
An Entrepreneurs Guide to Purchasing a Business or Franchise

The answer is not simple and must be carefully evaluated by you and your franchise lawyer.  But from a basic standpoint‚ typically‚ the non-medical services are broken down into “companion services” and “personal care services”.  These two categories of services both involve home based care that overlaps with  the primary distinction being that “companion services” do not involve direct physical contact with a client‚ examples of companion services being social interaction with a client‚ transporting a client to medical appointments and assisting with household tasks.  Personal care services go one small step further and involve actual “touching” of a client such as assistance with grooming and helping clients get in and out of bed.

Why does this matter?  Because if you are considering the purchase of a home care franchise (a popular franchise segment) you must understand that  the bulk of your business‚ most likely‚ will involve “personal care services” that‚ in many states require that you obtain a license.  So speak to your franchise lawyer about:

1.  Including a licensing contingency in your franchise agreement; and 

2.  Delaying commencement of your franchised operations until you obtain your license.  Although you could‚ nevertheless start off offering non-licensed “companion services”‚ these services may not be enough to establish your franchise on a solid foundation.

When considering the purchase of a non-medical homecare franchise (or any franchise for that matter) it is important to speak with a franchise lawyer. Our franchise law firm offers a Franchisee Protection Program for those interested in purchasing a franchise. To learn more about our Franchisee Protection Program call 1-800-976-4904 or fill out the contact form. As an additional resource when purchasing a franchise we recommend you obtain a  complimentary copy of Mr. Internicola’s book‚ “An Entrepreneurs Guide to Purchasing a Business or Franchise“.

For additional articles regarding purchasing a franchise‚ we recommend reading:

Buying a Franchise: Are you Waisting Your Money if You Speak to a Franchise Lawyer

Issues to Avoid When Buying a Franchise: A Preventative Approach is the Best Method for Avoiding Franchise Failure

Franchise Agreement: Factors that You Must Evaluate and Negotiate Before Buying a Franchise

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