HOUSE DOCKET, NO. 870        FILED ON: 1/17/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 350

The Commonwealth of Massachusetts

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PRESENTED BY:

Aaron Vega

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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 relative to home care.

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PETITION OF:

HOUSE DOCKET, NO. 870        FILED ON: 1/17/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 350

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to home care.

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. Section 13D of chapter 118E is hereby amended in the second paragraph by adding after the words “as defined under section 71 of chapter 111” the following: and home health agencies pursuant to Title XVIII, Section 1891 of the Social Security Act.

SECTION 2. Section 13D of Chapter 118E is further amended by adding, after the second paragraph thereof, the following new paragraph: --

Rates for the home care program, as defined under sections 4 and 4B, of chapter 19A, shall be adjusted on a biennial prospective basis by October 1st. The executive office shall establish, in conjunction with the executive office of elder affairs, a base purchase of service and a base personnel and operations per client per month capitation for the home care and enhanced community options programs, or successor programs, to be used in establishing biennial capitations pursuant to the provisions of this section and section 13C.  Said capitations shall be based on operating costs for aging services access points, including personnel costs that are commensurate with personnel holding similar job responsibilities employed by state government and private organizations; provided further, said operating costs shall include personnel costs associated with wages, compensation and/or salary and associated employee-related costs to personnel providing homemaker and personal care homemaker services; provided further compensation earned by homemakers and personal care homemakers shall be no less than $15 per hour  by July 1, 2018; provided further, said base personnel and operations capitation for the enhanced community options program shall be no less than ninety percent of the capitation for the MassHealth community choices program as of July 1, 2016, and said base personnel and operations capitation for the home care program shall be no less than sixty percent of the personnel and operations capitation for the enhanced community options program.  Said capitations shall be reasonable and adequate to meet the costs which are incurred by efficiently and economically operated home care program, considering factors necessary to meet the updated costs of providing the home care program in conformity with the requirements of chapter 19A and its regulations.