Budget Amendment ID: FY2017-S4-638

EHS 638

Strengthening the Home Care Program

Messrs. Welch, Donnelly, Timilty, Eldridge, Moore and Lewis, Ms. L'Italien, Messrs. Joyce, Brady and McGee and Ms. Gobi moved that the proposed new text be amended by inserting, after section 80, the following new section:-

"SECTION XX. Chapter 19A 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 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 such 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 such employed home care worker to be 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, and at least quarterly, submit updated information whenever such information changes.  No charges shall be imposed on any person or entity for any costs related to the registry.

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.

Persons employed as a home care worker by a home care agency on the effective date of this section shall be registered not later than three months after the effective date of this statute.  Not later than six months after the effective date of this statute, the department shall make any such final rules and regulations as are reasonably necessary to ensure that the registry is operational and to fully implement the provisions of this section.  The registry shall be maintained by the department and shall be updated at least quarterly."