Massachusetts SD 1245: An Act to improve Massachusetts home care

Bill Text

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SENATE DOCKET, NO. 1245 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 380

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Patricia D. Jehlen
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to improve Massachusetts home care.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS:
Patricia D. Jehlen Second Middlesex
Thomas M. Stanley 9th Middlesex 1/20/2023
Joanne M. Comerford Hampshire, Franklin and Worcester 1/26/2023
Jack Patrick Lewis 7th Middlesex 1/30/2023
Michael O. Moore Second Worcester 2/2/2023
Susannah M. Whipps 2nd Franklin 2/2/2023
Vanna Howard 17th Middlesex 2/7/2023
James K. Hawkins 2nd Bristol 2/8/2023
Anne M. Gobi Worcester and Hampshire 2/9/2023
John F. Keenan Norfolk and Plymouth 2/14/2023
Mathew J. Muratore 1st Plymouth 2/14/2023
Michael D. Brady Second Plymouth and Norfolk 2/23/2023
James B. Eldridge Middlesex and Worcester 2/23/2023
Sal N. DiDomenico Middlesex and Suffolk 3/9/2023
Paul W. Mark Berkshire, Hampden, Franklin and
Hampshire
3/13/2023
Jacob R. Oliveira Hampden, Hampshire and Worcester 4/11/2023
Brendan P. Crighton Third Essex 5/1/2023

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Rita A. Mendes 11th Plymouth 5/19/2023
Rebecca L. Rausch Norfolk, Worcester and Middlesex 7/6/2023

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SENATE DOCKET, NO. 1245 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 380
By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 380) of Patricia D. Jehlen, Thomas
M. Stanley, Joanne M. Comerford, Jack Patrick Lewis and other members of the General Court
for legislation to improve Massachusetts home care. Elder Affairs.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4471 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________

An Act to improve Massachusetts home care.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition,
2 is hereby amended by inserting after section 51K the following 3 sections:-
3 Section 51L. (a)For the purposes of this section and sections 51M and 51N, the following
4 words shall, unless the context clearly requires otherwise, have the following meanings,:-
5 “Home care agency", a business, nonprofit organization or other entity engaged in
6 providing home care services to consumers in the consumers’ residence for compensation or any
7 entity or individual that represents itself as a home care agency by name, advertising or
8 presentments to the public or uses the terms “home care agency” or “home care” in the entity or
9 individual’s name; provided however, that ''home care agency'' shall not include any of the

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10 following: (i) an entity operated by either the federal government or the commonwealth
11 providing home care services, (ii) an entity that limits its business to the provision of house
12 cleaning services, (iii) an Aging Service Access Points entity as defined in section 4B of chapter
13 19A, (v) a hospice program licensed under section 57D or (vi) a home health agency as defined
14 in section 51K.
15 “Home care consumers”, an individual receiving home care services or any legal
16 representative of such individual.
17 “Home care services", supportive services provided to an individual in their residence to
18 enable that individual to remain in their residence safely and comfortably, including, but not
19 limited to, assistance with eating, toileting, dressing, bathing, transferring, ambulation and other
20 activities of daily living, housekeeping, personal laundry and companionship. Home care
21 services shall not include hospice services provided by an entity subject to licensure under
22 section 57D or home health services provided by an entity subject to licensure under section
23 51K, services provided by a personal care attendant in the commonwealth’s personal care
24 attendant program as defined in 130 CMR 422.000 or services provided under the MassHealth
25 adult foster care program as defined in 101 CMR 351.00.
26 “Home care worker”, an individual employed by a home care agency who provides home
27 care services to a consumer in the consumer’s residence.
28 “Personal care attendant”, an individual who provides consumer-directed personal care
29 services to a consumer in the consumer’s residence, including, but not limited to, a person
30 providing such services as defined under section 70 of chapter 118E.
31 “Secretary”, the secretary of health and human services.

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32 (b) Unless otherwise expressly authorized by the secretary, no person shall establish,
33 maintain, operate or hold oneself out as a home care agency without a home care agency license
34 i