Budget Amendment ID: FY2020-S3-556

EHS 556

Home Care - DPH Licensure

Mr. Welch, Ms. DiZoglio, Ms. Comerford, Messrs. Moore, Humason, Feeney and Finegold moved that the proposed new text be amended in section 2, by inserting after line item 9110-1633 the following new line item 9110-1635:

SECTION XXXX An Act to Improve Massachusetts Home Care

SECTION 1. Chapter 111 of the General Laws is hereby amended by adding after Section 57D, the following new section:

Section 57E

(a)  The department shall, after a public hearing and in consultation with the Executive Office of Elder Affairs, promulgate rules and regulations for the licensing and conduct of a home care aid agency, which shall be substantially similar to those rules and regulations promulgated for home health agencies and home care agencies serving MassHealth consumers including but not limited 130 CMR 403 and 130 CMR 405.

No home care aide agency shall operate in the Commonwealth without satisfying the conditions of licensure established by this section.  For the purpose of this section “home care aide agency” shall mean any business, non-profit or other entity seeking to contract to provide homemaker, personal care homemaker, or home health services in the Commonwealth, whether or not such entity is currently providing such services.

(b) Additionally, any process for obtaining a license established by the department shall require an application to be filed by a home care aide agency with the Department of Public Health in which the applicant shall specify:

1) the types of home care or home health services offered by the applicant;

2) the expected service area, including municipality and county names; and

3) the structure and operations of an ongoing quality assurance program that complies with all applicable federal and state quality of care standards;

4) a written assurance that it will fully comply with all cost reporting and minimum average employee compensation standards established by state law; and

5) any other requirements as determined by the department.

(c) Any license application submitted by a home care aide agency shall be accompanied by a comprehensive annual cost report.  The Department of Public Health in consultation with Executive Office of Elder Affairs, shall determine the contents of such a cost report, provided that the cost report shall at a minimum include a full accounting of annual costs for supplies, labor, and administrative expenses.

(d)  The department may establish an application fee in an amount as necessary to administer this licensure program.