Vote Smart's Synopsis:

Vote to pass a bill that establishes a State Caregiver Commission and amends regulations regarding home care in Massachusetts.

Highlights:

• Requires individuals or entities to obtain a home care agency license from the executive office of health and human services in order to operate a home care agency or provide home care services (Sec. 1).

• Authorizes the office to deny, suspend, or revoke a license under this Section, and issue a fine of up to $500 per day for failure to comply with the requirements of this Section (Sec. 1).

• Requires the office to enforce regulations for the licensing and conduct of a home care agency, including, but not limited to, the following (Sec. 1):

• Background checks for all home care workers;

• Minimum standards for consumer-specific service plans and contracts that home care agencies shall develop with consumers;

• Minimum coverage requirements for workers’ compensation insurance and liability insurance;

• Maintenance of a payroll process that follows all state and federal labor laws;

• Annual and ongoing training and competency requirements for home care workers;

• Policies and procedures to ensure home care workers have safe working conditions;

• Development and maintenance of an emergency preparedness plan;

• Quality metrics and standards for services provided to home care consumers;

• Annual reporting by home care agencies on quality and significant changes to finances;

• Requirements and processes for the timely reporting of home care consumer complaints; and

• Requirements for home care agencies to provide adequate equipment/supplies to workers.

• Requires the office to adopt minimum standards and procedures for addressing abusive treatment of home care workers, personal care attendants, and home care consumers (Sec. 1).

• Establishes a home care worker and consumer abuse stakeholder advisory committee within the office to advise it on addressing abusive treatment of home care workers, attendants, and consumers (Sec. 1).

• Establishes a home care oversight advisory council within the office to advise it on the oversight of licensed home care agencies and assist in establishing and implementing regulations (Sec. 1).

• Specifies certain conduct by an individual consumer of services provided by a personal care attendant that constitutes unlawful discrimination (Sec. 2).

• Requires the office to issue temporary licenses to home care agencies within 180 days of the effective date of this Act (Sec. 3).

• Requires regulations for the licensing and conduct of home care agencies to be established within 1 year of the effective date of this Act (Sec. 4).

Full Bill Text