Amendment ID: H3821-1-R1

Redraft Amendment 1

Establishing a home care aide training registry

Mr. Tarr moves to amend the bill by striking the text and inserting in place thereof the following:-

SECTION 4A. Chapter 19A of the General Laws is hereby amended by inserting after section 4C the following section:-

Section 4D. (a) As used in this section, the following terms shall have the following meanings:

"Home care worker", a person employed by a home care agency to provide home health aide, homemaker, personal care, and supportive home care aide services.

“Home care agency” an entity, however organized, whether conducted for profit or not for profit, which is advertised, announced, established or maintained for the purpose of providing home health aide, homemaker, personal care homemaker, companion and chore services to clients in community-based settings

(b) The department shall, subject to appropriation, establish and maintain a registry of individuals who have successfully completed an education or training program which meets the home health aide training requirements set forth by the federal Medicare Conditions of Participation for Home Health Agencies at 42 CFR Part 484.36 or the Homemaker/Personal Care standards issued by the MA Executive office of Elder Affairs.  The registry shall be sufficiently and promptly accessible to meet the needs of home care agencies, home care workers, and the public. A home care agency shall only hire or employ, on a paid, unpaid, temporary or permanent basis, a home care worker who is listed in the registry as having demonstrated competency as defined by the department.

(c) The registry shall include:  (i) an individual’s full name; (ii) assigned unique identification number; (iii) home care aide training level; (iii) name of training program; (iv) language abilities; (v) in service training information; (vi) home care employment history; and (vii) any other information the department deems necessary to identify the individual.

(d) All home care agencies shall contact the registry prior to hiring an individual who will provide home health, homemaker, personal care homemaker, and supportive home care aide services to patients or have access to patients or their property to access any information in the registry relating to any home care worker

(e)  The department shall specify which information for the registry shall be submitted and updated by the training program or home care agency

(f) The registry shall be updated at least monthly. Any entity required or choosing to provide information to the registry shall promptly submit updated information whenever such information changes.

(g) The department shall establish appropriate security mechanisms to safeguard any personality identifiable information in the registry and maintain a record of accessing or obtaining information from the registry.

(h) The department shall provide reasonable and appropriate timetables, notices and phase-in mechanisms for applying various provisions of this section to training programs, home care agencies, and home care workers.  Persons employed as home care workers on the effective date of this section shall be registered as soon as practicable, but not later than twelve months after such effective date.

(i)  The department may make any such additional rules and regulations as are reasonably necessary to implement the provisions of this section

(j) This act shall take effect one year after the date of passage.