Budget Amendment ID: FY2018-S3-469-R2
2nd Redraft EHS 469
Strengthening the Home Care Program
Messrs. Welch, Cyr, Rush, Eldridge, Pacheco and McGee, Ms. Gobi, Messrs. Lewis, Hinds, Montigny, Brady, Keenan, O'Connor, Lesser and Moore moved that the proposed new text be amended <w:p><w:r><w:t xml:space="preserve">by inserting after section 9 the following section:-
“SECTION 9A. Chapter 19A of the General Laws is hereby amended by inserting after section 4C the following section:-
Section 4D. (a) When used in this section, the following terms shall have the following meanings unless the context otherwise requires:
“Employee organization”, a labor union or other organization, agency or employee representation committee, association, group or plan in which employees participate and which exists in whole or in part for the purpose of dealing with employers concerning matters incidental to employment relationships.
"Home care worker", a person employed by a home care worker agency to provide personal care, homemaker, companion or chore services under the home care program established in section 4.
"Home care worker agency", an entity employing home care workers to provide services under the home care program established in section 4 that is under contract with an aging services access point established pursuant to section 4B.
(b) The department shall establish and maintain a home care worker registry for home care workers employed by a home care worker agency.
A home care worker agency shall report the required home care worker registry information for each home care worker it employs on a paid, unpaid, temporary or permanent basis who is not exempt from the reporting requirement. Any exemptions from reporting shall be established in regulations promulgated by the department.
The department shall collect the following reported information concerning each home care worker: (i) the worker’s full name; (ii) their assigned unique identification number; (iii) their gender; (iv) their home address; (v) their mailing address; (vi) the full legal name of any home care worker agency employing the home care worker; (vii) the worker’s job title and (viii) a list of home care trainings or certifications completed by the home care worker.
Reported information for each employed home care worker shall be submitted and regularly updated by each home care worker agency subject to this section. The registry shall be updated at least quarterly. A home care worker agency shall collect and maintain the required information and submit updated information in a timely manner as determined by the department. A home care worker shall not be responsible for any costs related to the registry.
The department shall only make each home care worker’s full name, identification number, name of any home care worker agency employing the home care worker and a list of home care trainings or certifications completed by the home care worker available to the public unless such information is exempt from disclosure by the department. Upon request from an employee organization, home care worker agency or aging services access point, the department shall provide all reported information to such entity.
The department shall promulgate rules and regulations and shall provide such forms and notifications as may be necessary to implement this section; provided, however, that the department shall minimize any duplicate reporting that may be required of home care agencies.”; and
by inserting after section 103 the following section:-
“SECTION 103A. A home care worker agency subject to section 4D of chapter 19A of the General Laws shall report the required home care worker registry information for each home care worker pursuant to said section 4D of said chapter 19A not later than 1 year after the effective date of this act.”