Budget Amendment ID: FY2021-S4-238-R1

Redraft EHS 238

Home Care Commission

Messrs. Cyr, Feeney, Crighton, Collins, O'Connor and Brady, Ms. Moran, Mr. Tarr and Ms. Comerford moved that the proposed new text be amended by inserting after Section 54 the following section:-

“SECTION 54A. (a) There shall be a special commission to study and make recommendations to the executive office of health and human services and the general court that shall establish a statewide licensing process for home care agencies in the commonwealth by not later than October 1, 2021. 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. The commission may hold hearings and invite testimony from experts and the public to gather information, best practices and general feedback.

(b) The commission shall consist of: the secretary of health and human services or a designee, who shall serve as chair; the secretary of elder affairs or a designee; the commissioner of public health or a designee; the assistant secretary for MassHealth or a designee; the chairs of the joint committee on elder affairs, or their designees; and 6 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 the commonwealth.

(c) 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)  standards for the issuance of a provisional license; (iv) ensuring that recommendations for a 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; (v) conducting a market analysis on the need for additional home care services by local or regional service areas or oversupply of providers in a local or regional service area and on the availability of culturally competent home care services, taking into consideration the adequacy of services delivered to consumers enrolled in publicly funded programs such as the state home care program managed by the aging services access points; (vi) a comprehensive annual cost report and filing process; and (vii) any other matters pertaining to licensing home care agencies, including, but not limited to, recommendations to inform rules and regulations for: (A) licensure standards of all home care agencies; (B) a suitability review process for new owners not currently operating a home care agency in the commonwealth; and (C) a process for the transfer of a license among licensed home care agency holders.

(d) The commission shall file a report containing its findings, including findings from the market analysis recommendations under subsection (c), and recommendations, including any recommendations on regulatory, statutory, or other measures to improve the accessibility and sustainability of the home care industry, with the executive office of health and human services, 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.”.