Special to the Independent
The Massachusetts House of Representatives passed a bill that establishes a licensure process for home care agencies to ensure that consumers receive quality non-medical services, and to protect home care workers. The bill tasks the Executive Office of Health and Human Services (EOHHS) with implementing the licensure process, and grants the secretariat the authority to approve licenses, survey and investigate home care agencies, and impose fines when appropriate. Under the bill, home care agencies would be required to disclose anyone with a 5 percent ownership interest in the agency, carry workers compensation and liability insurance, and provide appropriate levels of training for their employees.
The bill also creates two advisory councils: the Home Care Oversight Advisory Council to help guide the development and implementation of the home care licensure process, and the Home Care Worker and Consumer Abuse Stakeholder Advisory Committee to make recommendations on standards and procedures to address the abusive treatment of home care workers, personal care attendants (PCAs), and home care consumers. The bill also grants additional anti-discrimination protections for PCAs.
“In my role as a State Representative, I’ve heard directly from seniors and their families in the 11th Suffolk District about how difficult it can be to find trustworthy, consistent home care,” said Representative Judith Garcia (D-Chelsea). “This legislation is a critical step toward ensuring that older adults can remain safely in their homes with confidence in the people who care for them. By setting strong standards for agencies and improving oversight, we’re protecting both consumers and workers while upholding the dignity and independence that every senior deserves. I’m deeply grateful to Speaker Mariano, Chair Stanley, and Chair Michlewitz for their leadership and continued commitment to Massachusetts’ growing aging population.”
Oversight: Transparency and Accountability
• Grants EOHHS the ability to fine any person or entity that represents themselves as a home care agency without proper licensure, or that violates any other rules and regulations
• Grants EOHHS the ability to work with the Executive Office of Aging and Independence (AGE) and the Department of Public Health (DPH) on surveying and investigating home care agencies to ensure compliance
• Requires EOHHS to conduct a suitability review for all licensure applicants, including for all individuals with at least a 5 percent ownership interest in the agency, and a review to ensure that all applicants have sufficient financial capacity to provide a minimum standard of care
• Requires EOHHS to publish a list of all licensed home care agencies on its website
• Establishes standards for consumer-specific service plans and contracts, including a description of services, total cost of care, and agency contact information
• Establishes quality metrics and standards for monitoring home care agency performance
Workforce Protections
• Establishes procedures to ensure home care workers have safe working conditions, adequate training, and a process for submitting complaints
• Requires licensed home care agencies to have coverage for worker’s compensation and liability insurance, and to provide adequate equipment and supplies to home care workers
• Creates the Home Care Worker and Consumer Abuse Stakeholder Advisory Committee to study and make recommendations on standards and procedures for addressing abusive treatment, including physical, verbal, mental abuse, and bullying of home care workers, PCAs, home care consumers, and family members, including:
– Reporting abusive treatment and debriefing after incidents of abusive treatment
– Tracking and retaining records of abusive treatment
– Informing home care workers of potentially unsafe working environments
– Training for all employees of home care agencies, including on escalation cycles and effective de-escalation techniques
• Grants PCAs anti-discrimination protections to shield them from harassment or discrimination based on sex, race, religion, etc.
Minimum Standards for Home Care Workers
• Requires several background screening checks for all home care workers
• Establishes annual training and competency requirements, including:
– Confidentiality and privacy rights of home care consumers
– Infection control and communicable diseases
– Handling of emergencies, including safety and falls prevention
– Observing, reporting, and documenting changes in home care consumer needs and environment
– Identifying and reporting suspected abuse, neglect, or theft
– Understanding Alzheimer’s disease and dementia, including person-centered care, activities of daily living, safety, and dementia-related behaviors and communication
Having passed the House of Representatives 153-1, the bill now goes to the Senate for consideration.