As used in this subchapter, “private care agency” means a provider that is certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as a provider of home- and community-based health services and that:
(1) Furnishes in-home staffing services for personal and attendant care services; and
(2) Retains liability insurance of not less than one million dollars ($1,000,000) to cover its employees and independent contractors while its employees and independent contractors are engaged in providing personal and attendant care services.