Amendment #773 to H5150

Home Care

Mr. Cahill of Lynn moves to amend the bill by striking out Section 44 and inserting in place thereof the following section:

SECTION 44: (a) The Executive Office of Health and Human Services - in consultation with the Legislature, the Executive Office of Elder Affairs, the Department of Public Health, the Office of Medicaid, the Center for Health Information & Analysis, and all other interested stakeholders - shall promulgate rules and regulations for the licensing and conduct of all home care agencies operating in the commonwealth.  Such rules and regulations shall be issued no later than October 1, 2021 and shall be informed by the recommendations and final report issued by the special commission created in subsection(b) of this act.

(b) There shall be a special commission to study and make recommendations on the specific elements and provisions of such licensure of home care agencies in the commonwealth. The commission shall study: (i) current licensure, reporting and oversight requirements across the long-term care services industry and support systems and other relevant state agencies, including the provider monitoring conducted by the aging services access points established in section 4B of chapter 19A of the General Laws, to avoid duplication or conflicting requirements; (ii) home care agency licensure requirements in other states; (iii) processes for implementing a statewide home care agency licensure process; and (iv) current licensure processes in the health care industry in Massachusetts. The commission may hold hearings and invite testimony from experts and the public to gather information, best practices and general feedback.

(c) The commission shall consist of the following 13 members: the commissioner of public health or their designee, who shall serve as chair; the secretary of elder affairs or their designee; the secretary of health and human services or their designee; the assistant secretary for MassHealth or their designee; the chairs of the joint committee on elder affairs or their designees; and 7 persons to be appointed by the governor: 1 of whom shall be a representative of the Home Care Aide Council, 1 of whom shall be a representative of the Home Care Alliance of Massachusetts, Inc., 1 of whom shall be a representative of Massachusetts Home Care, Inc., 1 of whom shall be a representative of the Massachusetts division of 1199SEIU-UHE, 1 of whom shall be a consumer of home care services and 1 of whom shall be representative of a home care agency that operates in multiple localities throughout Massachusetts.

(d) The commission shall make recommendations on: (i) strategies to implement a statewide home care agency licensure process; (ii) licensure, reporting and oversight requirements for the home care agencies; (iii) the standards for the issuance of a provisional license; (iv) ensuring recommendations for home care agency licensure process will align with state oversight process already in place through the aging services access points established in section 4B of chapter 19A of the General Laws, the home care worker registry established in section 4D of said chapter 19A and the nurse aide registry pursuant to sections 72F to 72L, inclusive, of chapter 111 of the General Laws; and (v) any other matters pertaining to licensing home care agencies, including but not limited to a suitability review process for new owners not operating a home care agency in Massachusetts, a process for the transfer of a license among licensed home care agency holders, and a comprehensive annual cost report filing requirement.

(e) To inform the special commission’s study and prior to the filing of the commission’s final report, the Executive Office of Health and Human Services shall conduct a market analysis of the need for additional home care services by local or regional service areas and on the availability of culturally competent home care services in each service area. That market analysis will consider the impact and ensure the adequacy of services delivered to consumers enrolled in publicly funded programs including the state Home Care Program managed by the Aging Services Access Points pursuant to their statutory responsibilities as defined in section 4B of chapter 19A. Pursuant to this analysis, the executive office shall issue a public report that includes findings and recommendations on regulatory or statutory measures to address any market dysfunction, and that shall establish a moratorium on the granting of new licenses for home care providers in regional service areas where demographic and market evidence documents an oversupply of providers.

(f) The commission shall submit a report containing its findings and recommendations, including drafts of proposed legislation to carry out its recommendations, by filing the same the clerks of the senate and house of representatives, the joint committee on elder affairs and the joint committee on public health not later than June 30, 2021.

Additional co-sponsor(s) added to Amendment #773 to H5150

Home Care