HOUSE DOCKET, NO. 2382        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3404

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Daniel Cullinane

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to strengthen the Massachusetts Home Care Program.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Daniel Cullinane

12th Suffolk

1/15/2015

Jose F. Tosado

9th Hampden

12/27/2019

Denise Provost

27th Middlesex

12/27/2019

Tackey Chan

2nd Norfolk

12/27/2019

Michael F. Rush

Norfolk and Suffolk

12/27/2019

Michelle M. DuBois

10th Plymouth

12/27/2019

Timothy J. Toomey, Jr.

26th Middlesex

12/27/2019

Jennifer E. Benson

37th Middlesex

12/27/2019

Daniel J. Ryan

2nd Suffolk

12/27/2019

David M. Rogers

24th Middlesex

12/27/2019

Marjorie C. Decker

25th Middlesex

12/27/2019

Michael J. Finn

6th Hampden

12/27/2019

Ellen Story

3rd Hampshire

12/27/2019

Tricia Farley-Bouvier

3rd Berkshire

12/27/2019

Ruth B. Balser

12th Middlesex

12/27/2019

Jason M. Lewis

Fifth Middlesex

12/27/2019

Kay Khan

11th Middlesex

12/27/2019

James B. Eldridge

Middlesex and Worcester

12/27/2019

Angelo J. Puppolo, Jr.

12th Hampden

12/27/2019

John C. Velis

4th Hampden

12/27/2019

Brian R. Mannal

2nd Barnstable

12/27/2019

Joseph W. McGonagle, Jr.

28th Middlesex

12/27/2019

Carmine L. Gentile

13th Middlesex

12/27/2019

Kevin G. Honan

17th Suffolk

12/27/2019

Michael D. Brady

Second Plymouth and Bristol

12/27/2019

Benjamin Swan

11th Hampden

12/27/2019

James J. O'Day

14th Worcester

12/27/2019

Tom Sannicandro

7th Middlesex

12/27/2019

Alan Silvia

7th Bristol

12/27/2019

Sean Garballey

23rd Middlesex

12/27/2019

Gloria L. Fox

7th Suffolk

12/27/2019

Daniel M. Donahue

16th Worcester

12/27/2019

Daniel J. Hunt

13th Suffolk

12/27/2019

Linda Dorcena Forry

First Suffolk

12/27/2019

Marcos A. Devers

16th Essex

12/27/2019

Evandro C. Carvalho

5th Suffolk

12/27/2019

Frank A. Moran

17th Essex

12/27/2019

Kenneth I. Gordon

21st Middlesex

12/27/2019

Byron Rushing

9th Suffolk

12/27/2019

John J. Lawn, Jr.

10th Middlesex

12/27/2019

Michael S. Day

31st Middlesex

12/27/2019

Brendan P. Crighton

11th Essex

12/27/2019

Bruce J. Ayers

1st Norfolk

12/27/2019

Thomas J. Calter

12th Plymouth

12/27/2019

Carlos Gonzalez

10th Hampden

12/27/2019

Thomas A. Golden, Jr.

16th Middlesex

12/27/2019

Peter V. Kocot

1st Hampshire

12/27/2019

Jonathan Hecht

29th Middlesex

12/27/2019

Antonio F. D. Cabral

13th Bristol

12/27/2019

Joan B.  Lovely

Second Essex

12/27/2019

Russell E. Holmes

6th Suffolk

12/27/2019

Thomas M. Stanley

9th Middlesex

12/27/2019

Elizabeth A. Malia

11th Suffolk

12/27/2019

Gailanne M. Cariddi

1st Berkshire

12/27/2019

James M. Murphy

4th Norfolk

12/27/2019

John J. Mahoney

13th Worcester

12/27/2019

Claire D. Cronin

11th Plymouth

12/27/2019

Carole A. Fiola

6th Bristol

12/27/2019

Paul R. Heroux

2nd Bristol

12/27/2019

Chris Walsh

6th Middlesex

12/27/2019

Timothy R. Madden

Barnstable, Dukes and Nantucket

12/27/2019


HOUSE DOCKET, NO. 2382        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3404

By Mr. Cullinane of Boston, a petition (accompanied by bill, House, No. 3404) of Daniel Cullinane and others for legislation to establish a registry for home care workers.  Elder Affairs.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act to strengthen the Massachusetts Home Care Program.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 19 of the General Laws, as appearing in the 2012 Official Edition,  is hereby amended by inserting after section 3 the following section:-

Section 3A. As used in this section, the following terms shall have the following meanings:

"Home Care Worker" means any person employed by a home care agency to provide home health, homemaker, personal care, companion and chore services.

"Home Care Agency" means an  entity providing designated and approved home care program services under contract with an Aging Services Access Point as defined in section 4B.

"Home Care Worker Registry" means the registry established under this subsection.

The department, subject to appropriation, shall establish a home care worker registry of all individuals currently employed by a home care agency.  The home care worker registry shall include, but not be limited to, the following information concerning each home care worker: (1) full legal name; (2) current home address; (3) gender; (4) date of birth; (5) employer’s full legal name; (6) job title; and (7) an updated list of home care trainings or certifications completed by the home care worker.

The department shall require the registry information for each employed home care worker to be submitted and regularly updated by each home care agency subject to the provisions of this subsection.  A home care agency shall collect and maintain the required information for each employed home care worker and shall promptly submit updated information whenever such information changes.  No charges shall be imposed on any person or entity for any costs related to the registry. 

Persons employed as a home care worker by a home care agency on the effective date of this section shall be registered as soon as practicable, but not later than six months after the effective date of this statute.  The registry shall be updated at least quarterly.

Upon request, information in the home care worker registry shall be made available to the public, including but not limited to home care workers and home care agencies.  The department shall include security mechanisms in the registry to implement and maintain a record of accessing or obtaining information from the registry.

The department shall make any such additional rules and regulations as are reasonably necessary to implement the provisions of this section.

SECTION 2. Chapter 19A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding the following 2 sections:-

Section 42. The department, under authority granted in section 4, shall promulgate and amend the Massachusetts home care regulations (651 CMR 3.00).  The amendment shall:

(a)Require that home care agencies contracting with Aging Service Access Points to provide homemaker and personal care services through the Massachusetts Home Care program submit comprehensive annual cost reports, that include a full accounting of annual costs for supplies, labor, administrative, and other categories as deemed appropriate by the department; 

(b)Establish additional policies and procedures, including verification through random and unannounced inspections, as necessary to facilitate the receipt, investigation and resolution of consumer and worker complaints against such home care agencies.  Such policies and procedures shall include procedures for notices, fines and penalties, correction plans, appeals and hearings; and

(c) Require such home care agencies to maintain and abide by a surety bond, or other insurance establishing third-party liability, to cover potential wage theft claims, litigation expenses and other potential liabilities that may be incurred by home care agencies. 

The office of the attorney general, under authority granted under in section 11N of chapter 12, may investigate any home care agency contracting with Aging Service Access Points to provide homemaker and personal care services through the Massachusetts Home Care program.  Further the attorney general may require that any such agency produce documents answer interrogatories and provide testimony under oath. Nothing in this section shall limit the authority of the attorney general to regulate home care providers or protect home care consumers under any other law.

Section 43. The department, under authority granted in section 4, shall through new or amended regulation, direct amendment of the Homemaker Notification of Intent to Contract procurement process or otherwise establish Home Care Program standards that:

(a)Update the  Home Care Program Notice of Intent to Contract  filing requirements to ensure that a minimum Base Wages component of the Average (Hourly) Employee Compensation requirement is established and increased in equal annual increments to a total of no less than $15.00 per hour within no more than three fiscal years following enactment of this section; and

(b)Require that both new and existing home care agencies apply annually under the Notice of Intent (“NOI”) to Contract procurement process; and 

(c)Require that that each such home care agency applicant annually re-file an update to the Contractor Status and Unit Rate Calculation section of the NOI; and

(d)Establish the processes and standards that the EOEA deems necessary to ensure that the average Base Wage of direct care workers at a Massachusetts home care agency is no less than $15.00 per hour within three fiscal years following passage of this Act. 

SECTION 3. Chapter 111 of the General Laws, as appearing in the 2012 Official Edition,  is hereby amended by inserting after Section 25D , the following section:-

Section 25E. (A) Any entity seeking to contract to provide homemaker, personal care homemaker, or home health services, whether or not such entity is currently providing such services,  must submit to a Certificate of Need (CON) review established by the Massachusetts Department of Public Health and assessed by an independent board.  Such independent board, with duties and powers established by this chapter, shall consist of 9 members; 1 of whom shall be the Commissioner of the Department of Public Health or their designee and whom shall serve as chairperson; 1 of whom shall be the Secretary for the Executive Office of Health and Human Services or their designee; 1 of whom shall be the Secretary for the Executive Office of Elder Affairs or their designee; 1 of whom shall be a representative for the Home Care Alliance of Massachusetts; 1 of whom shall be a representative for a labor organization representing Massachusetts home care workers; 2 of whom shall be shall be appointed by the Governor;  and 2 of whom shall be appointed by the Attorney General.   All appointments after the initial term of appointment shall serve a term of 3 years, but a person appointed to fill a vacancy shall serve only for the unexpired term.  An appointed member of the board shall be eligible for reappointment.  No appointed member shall hold full or part-time employment in the executive branch of state government and each member of the board shall be a resident of the commonwealth. 

(B) To obtain a CON, an application must be filed with said independent board in which the applicant demonstrates the need for the home care agency. The applicant must present to the department and board both evidence of unmet need and how the home care agency fits into the comprehensive health care delivery system of the service area.   Any applicant shall also specify the following:

(1) service area, including municipality and county names;

(2) an ongoing quality assurance program that includes compliance with all applicable federal and state quality of care standards, and provide a copy of its program protocols when it requests first-time approval;

(3) written assurance that its administrative costs are not excessive in relation to those of other agencies that operate in the same and nearby service areas;

(4) written assurance that it will fully comply with all cost reporting and minimum average employee compensation standards established by state law; and

(5) other requirements as determined by the department and the board.

(C) An appropriate fee structure as necessary to administer this CON program shall be determined by the department and the board.