SECTION 1. As used in this act, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“home health agency” a provider of home health services.

“home health services” shall mean medical and/or behavioral health care services for a patient provided by a public or private home health agency which meets the standards of service of the purchaser of service, provided in a patient’s residence; provided, however, that such residence is neither a hospital nor an institution primarily engaged in providing skilled nursing or rehabilitation services.

SECTION 2. Notwithstanding any general law, or special law to the contrary, a special commission is hereby established to study options for oversight of home health agencies and shall consist of the following appointees or their designees: the commissioner of public health and the secretary of elder affairs, who shall serve as co-chairs; 2 members of the house of representatives, 1 of whom shall be appointed by the House Speaker and 1 of whom shall be appointed by house minority leader; 2 members of the senate, 1 of whom shall be appointed by the Senate President and 1 of whom shall be appointed by the senate minority leader; 2 members shall be directors of home health agencies; and 1 representative of the Home Care Alliance of Massachusetts.

SECTION 2. The commission shall make recommendations regarding licensure and/or other oversight means to ensure that patients receive high quality care in the commonwealth. The study shall identify the current number of home health agencies operating in the Commonwealth, as well as the number of home health agencies certified by the Centers for Medicare and Medicaid Services.

The commission shall make recommendations on payment adequacy by MassHealth to home health agencies for traditional skilled services and shall analyze the efficacy of supplemental rates for specialty services, including, but not limited to in-home behavioral health services provided by home health agencies, maternal-child health services, palliative care, care transitions and pediatric home health.

The commission shall recommend regulations establishing a process for the oversight of home health agencies by the appropriate state agency to ensure compliance with those recommended standards; provided further, that the regulations shall be the subject of at least 1 public hearing prior to their adoption. In developing said process for the oversight of home health agencies, the commission shall consider establishing deemed accreditation and/or licensure, or others methods to ensure efficient administration for those agencies that have been certified by the Centers for Medicare and Medicaid Services.

The final study and recommendations, including any recommended standards for licensure of home health agencies, drafts of recommended legislation, and the projected costs of implementing such recommendations, shall be filed with the clerks of the senate and house of representatives and reported to the house and senate committees on ways and means, the joint committee on elder affairs, the joint committee on health care financing, the joint committee on public health and the health planning council, established by section 16T of chapter 6A, not later than December 31, 2016.

SECTION 3. Section 2 is hereby repealed.

SECTION 4. Section 3 shall take effect upon receipt of the commission’s report by the clerks of the senate and house of representatives.