HOUSE DOCKET, NO. 290        FILED ON: 1/9/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 611

The Commonwealth of Massachusetts

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PRESENTED BY:

Danielle W. Gregoire

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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 to ensure regulatory oversight of home care services.

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PETITION OF:

HOUSE DOCKET, NO. 290        FILED ON: 1/9/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 611

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act to ensure regulatory oversight of home care services.

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 19A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 41 the following section:-

Section 42.  Home care agencies

(a)For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Home care agency”, an entity or organization that provides home care services in residential settings for compensation; provided, however, that ''home care agency'' shall not include an entity operated by either the federal government or the commonwealth providing home care services, an entity that limits its business to the provision of house cleaning services, a hospice program licensed under section 57D of chapter 111 or a home health agency as defined in section 51K of chapter 111.

“Home care services”, supportive services provided to an individual in his or her residence in order to enable that individual to remain in his or her residence safely and comfortably, including, but not limited to, assistance with eating, toileting, dressing, bathing, transferring, ambulation and other activities of daily living, housekeeping, personal laundry, and companionship. Home care services shall not include hospice services provided by an entity subject to licensure under section 57D of chapter 111 or home health services provided by an entity subject to licensure under section 51K of chapter 111.

“Home care worker”, means an individual employed by a home care agency who provides home care services to a consumer in the consumer’s residence.

(b)Unless otherwise expressly authorized by the department, no person shall establish, maintain, operate or hold oneself out as a home care agency without a home care agency license issued by the department and no organization or entity shall provide home care services, use the words "home care" to describe its services or establish, maintain, operate or hold itself out as a home care agency without a home care agency license issued by the department.

(c)The department shall issue for a term of 3 years, and may renew for like terms, a home care agency license to any person or entity of any kind, other than a department, agency or institution of the federal government, the commonwealth or any political subdivision thereof, that it deems responsible and suitable to establish or maintain a home care agency and which meets the requirements of the department established in accordance with its rules and regulations. A home care agency license shall be non-transferable, and shall be subject to suspension, revocation or refusal to renew for cause. Application and renewal fees shall be established pursuant to section 3B of chapter 7. The department may issue a provisional license for a term not to exceed 120 days to an applicant that has not previously operated, or to a home care agency that is operating but is temporarily unable to meet applicable standards and requirements. If a provisional licensee has made significant progress towards meeting such requirements, the department may renew the provisional license once for a period not to exceed 120 days from the expiration of the initial provisional license.

(d)The department may impose a fine of up to $1,000 on a person or entity that advertises, announces, establishes, maintains or is concerned in establishing or maintaining a home care agency without a license granted by the department.  The department may impose a fine of not more than $1,000 on a licensed home care agency that violates this section or any rule or regulation promulgated hereunder. Each day during which a violation continues shall constitute a separate offense. The department may conduct surveys and investigations to enforce compliance with this section.

(e)The department shall promulgate regulations for the licensure and operation of home care agencies in the commonwealth. Said regulations shall include, but shall not be limited to (i) background screening check requirements for all home care workers; (ii) Minimum standards for consumer-specific service plans; (iii) training and competency requirements for home care agency staff; (iv) minimum coverage requirements for workers’ compensation insurance and liability insurance; and (v) requirements and processes for the reporting of consumer complaints.

SECTION 2.  Section 72F of Chapter 111 is hereby amended by striking out the definitions of “home health agency” and “homemaker” and inserting in place thereof the following new definitions:-

“Home care agency”, an entity or organization required to be licensed under section 42 of chapter 19A.

“Home care services”, supportive services provided to an individual in his or her residence in order to enable that individual to remain in his or her residence safely and comfortably, including, but not limited to, assistance with eating, toileting, dressing, bathing, transferring, ambulation and other activities of daily living, housekeeping, personal laundry, and companionship.

“Home care worker,” means an individual employed by a home health agency, a hospice program, or a home care agency who provides home care services to an individual in his or her residence.

''Home health agency'', an entity or organization required to be licensed under section 51K.

SECTION 3.  Said section 72F of said Chapter 111 is hereby further amended by striking out the definition of “patient” in its entirety and inserting in place thereof the following definition:-

''Patient'' or “resident”, any individual who receives health services, hospice services, or home care services in his or her residence from an individual employed by a home health agency, a hospice program, or a home care agency, and any individual who resides in a long term care facility licensed under section 71.

SECTION 4.  Said section 72F of said Chapter 111 is hereby further amended by striking out the definition of “resident” in its entirety.

SECTION 5.  Section 72G of said Chapter 111 is hereby amended by striking out the word “homemaker” and inserting in place thereof the following words:- home care worker

SECTION 6. Said section 72G of said Chapter 111 is hereby further amended by striking out the words “home health agency or hospice program” each time they appear, and inserting in place thereof, in each instance, the following words:- home health agency, home care agency or hospice program

SECTION 7. Section 72H of said Chapter 111 is hereby amended by striking out the words “home health agency” and inserting in place thereof the following words:- home health agency, home care agency,

SECTION 8. Section 72J of said Chapter 111 is hereby amended by striking out the second and third paragraphs and inserting in place thereof the following:-

The registry shall also contain specific documented findings, made in accordance with the provisions of this section, by the department of patient or resident abuse, mistreatment or neglect or misappropriation of patient or resident property involving: (1) an individual listed on the registry, (2) a home health aide, and (3) a home care worker and a brief statement by the individual disputing such findings. In the case of inquiries to the registry concerning a nurse aide, a home health aide or a home care worker, any information disclosed concerning such a finding shall also include disclosure of any statement in the registry relating to the finding or a clear and accurate summary of any such statement. All facilities, home health agencies and home care agencies shall contact the registry prior to hiring an employee to ascertain if there is any finding of patient or resident abuse, mistreatment, neglect or misappropriation of patient or resident property against a nurse aide, home health aide or home care worker. No facility, home health agency or home care agency shall hire an individual whose name appears in the registry with an adjudicated finding of patient or resident abuse, mistreatment, neglect or misappropriation of patient or resident property if such individual is under a suspension imposed by the department under the terms of this section.

The department shall, after notice to the nurse aide, home health aide or home care worker involved in an allegation of patient or resident abuse, mistreatment or neglect or misappropriation of patient or resident property and a reasonable opportunity for a hearing for the individual to rebut such allegations, make a finding as to the accuracy of the allegations. If the department finds that a nurse aide, home health aide or home care worker has abused, mistreated or neglected a patient or resident or misappropriated patient or resident property, said department shall notify the nurse aide, home health aide or home care worker and the employer thereof and the registry of such finding. The department shall not make a finding that an individual has neglected a patient or resident if the individual demonstrates that such neglect was caused by factors beyond the control of the individual. Upon making such finding, the department may suspend the right of such individual to work as a nurse aide, home health aide or home care worker. The department shall include the terms of any such suspension in the registry and no facility, home health agency or home care agency shall hire said individual until such suspension has been served to its completion.

     SECTION 9.  This act shall take effect one year after enactment .