Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
The third paragraph of section 4 of chapter 19A of the General Laws is hereby amended by striking out clause (c), as amended by chapter 755 of the acts of 1985, and inserting in place thereof the following clause:-
(c) to encourage and assist communities to plan, develop and implement home care programs which shall be operated either by agencies organized by the commonwealth or any political subdivision thereof or by nonprofit corporations organized under chapter one hundred and eighty and which shall be designated by the department. Any hospital or nursing home licensed by the department of public health pursuant to the provisions of chapter one hundred and eleven shall not be eligible to operate home care programs under this chapter. A majority of the governing body of the aforesaid home care providers shall be persons sixty years of age or older who reside in the cities or towns served by said provider. A majority of the governing body of the aforesaid home care providers, except those serving the city of Boston, shall be appointed by the councils on aging of the cities and towns served by said provider.
The secretary may contract with a home care provider that does not comply with the provisions relating to the composition of the governing body if such home care provider, prior to entering into such contract, shall have presented a plan, approved by the secretary, of adoption of by-laws requiring a majority of such governing body to be composed of persons sixty years of age or older who reside in the cities or towns serviced by said provider and a majority of the governing board to be appointed by the councils on aging of the cities or towns serviced by said provider. As a condition of such contract, such home care provider shall implement such plan within one hundred and eighty days of the signing of the contract.
If no home care provider who complies with the provision of this clause relating to the composition of the governing body is available to provide a home care service, the secretary may enter into a contract with a nonconforming home care provider until an organization with a complying governing body becomes available to provide a comparable service. If the secretary has entered into a contract with a nonconforming home care provider and a conforming provider becomes available, the contract shall remain in force for such period of time as the secretary deems necessary; provided, however, that the term of such contract shall not exceed one year.
Home care programs shall include, but not be limited to, case management, homemaker and chore services, transportation, protective services, and information and referral; provided, however, that the department may include additional services where feasible; and provided, further, that any council on aging may be a member of its designated area agency on aging without being required to join or make payment to a home care provider.