Amendment #1007 to H4200

Home Care Oversight Study Commission

Representatives Hogan of Stow, Heroux of Attleboro, Walsh of Framingham, Fiola of Fall River, Benson of Lunenburg, Smizik of Brookline, Puppolo of Springfield, Dwyer of Woburn, Farley-Bouvier of Pittsfield, D'Emilia of Bridgewater, Cantwell of Marshfield, Gifford of Wareham, Keefe of Worcester, Chan of Quincy, Malia of Boston, McMurtry of Dedham, Muradian of Grafton, Kane of Shrewsbury, Khan of Newton and Kocot of Northampton move to amend the bill by adding the following section:

“SECTION XXXX.  A special commission is hereby established for the purpose of conducting an investigation and study of options for implementing separate procedures  for state oversight of, respectively, (i) home care agencies serving publicly-aided patients and that are reimbursed pursuant to the provisions of  114.3 C.M.R. 50.00 and require federal certification for operation and reimbursement from the Centers for Medicare and Medicaid Services and (ii) home care agencies that are privately paid. The commission shall make recommendations regarding licensing and supervision requirements for each such type of home care agency, including the most appropriate method of management and administration to ensure protection and high-quality care for consumers.

The commission shall consist of 13 members, one of whom shall be the commissioner of public health or designee, one of whom shall be the secretary of elder affairs or designee; 2 of whom shall be members of the house of representatives, 1 of whom shall be appointed by the speaker of the house and 1 of whom shall be appointed by house minority leader; 2 of whom shall be 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;  and 7 members who shall be appointed by the governor, 2 of whom shall be representatives of home health agencies; 2 of whom shall be directors of private-pay home health companies; 1 of whom shall be a consumer or consumer representative; 1 of whom shall be a representative of the Home Care Aide Council; and 1 of whom shall be a representative of the Home Care Alliance of Massachusetts. The commissioner of public health and the secretary of elder affairs shall serve as co-chairs of the commission.

The commission shall conduct 2 separate public hearings, one regarding home care agencies that serve publicly-aided patients, and another regarding home care agencies that serve privately paid patients. The commission shall develop a separate set of recommendations for each type of home care agency based on testimony received at each hearing, together with any other information the commission may receive. Any recommendations relative to privately paid home care companies shall specifically address issues relative to companies contracting with Aging Service Access Points governed by the executive office of elder affairs.

Within 180 days of enactment of this provision, the special commission shall report to the house of representatives and senate the results of its investigation and study, together with recommendations and any drafts of legislation necessary to carry its recommendations into effect by filing same with the clerk of the house of representatives and the clerk of the senate no later than December 1, 2017.”.

Additional co-sponsor(s) added to Amendment #1007 to H4200

Home Care Oversight Study Commission