With respect to patient workers, as defined in Sec. 525.3(e), a
major factor in determining if an employment relationship exists is
whether the work performed is of any consequential economic benefit to
the institution. Generally, work shall be considered to be of
consequential economic benefit if it is of the type that workers without
disabilities normally perform, in whole or in part in the institution or
elsewhere. However, a patient does not become an employee if he or she
merely performs personal housekeeping chores, such as maintaining his or
her own quarters, or receives a token remuneration in connection with
such services. It may also be possible for patients in family-like
settings such as group homes to rotate or share household tasks or
chores without becoming employees.
