Massachusetts S 3183: Amendment S.3183

Bill Text

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SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3183 
Senate, July 16, 2026 -- Text of the Senate amendment to the House Bill to improve 
Massachusetts home care (House, No. 4706, amended) (being the text of Senate document 
numbered 3170, printed as amended) 
 
The Commonwealth of Massachusetts 
 
_______________
 
In the One Hundred and Ninety-Fourth General Court 
(2025-2026) 
_______________
 
 
1 SECTION 1. Chapter 6A of the General Laws is hereby amended by inserting after 
2section 16GG the following 4 sections:- 
3 Section 16HH. For the purposes of this section and sections 16II to 16KK, inclusive, the 
4following words shall have the following meanings unless the context clearly requires otherwise: 
5 “Abusive treatment”, physical, verbal or mental abuse, including, but not limited to, 
6bullying, directed at or committed by individual home care consumers, surrogates, family 
7members, home care workers, other caregivers and any other individuals present in the home 
8care consumers’ household when the home care worker is providing home care services. 
9 “Executive office”, the executive office of health and human services. 
10 “Home care agency”, a business, including a sole proprietorship, nonprofit organization 
11or other entity, that: (i) provides home care services to consumers in the consumers’ residences 
12for compensation; (ii) represents itself as a home care agency by name, advertising or 
13communications to the public or uses the terms “home care agency” or “home care” in the 
14entity’s name; or (iii) procures, offers, refers or provides or attempts to provide home care 

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15services by matching individuals seeking home care services to entities that provide home care 
16services; provided, however, that “home care agency” shall not include: (A) an entity operated 
17by the federal government or the commonwealth that provides home care services; (B) an entity 
18that limits its business to the provision of house cleaning services; (C) an entity designated as an 
19aging services access point pursuant to section 4B of chapter 19A; (D) a hospice program 
20licensed under section 57D of chapter 111; or (E) a home health agency as defined in section 
2151K of said chapter 111. 
22 “Home care consumer”, an individual receiving home care services or any legal 
23representative of such individual. 
24 “Home care services”, supportive services provided to an individual in their residence to 
25enable that individual to remain in their residence safely and comfortably, including, but not 
26limited to, assistance with eating, toileting, dressing, bathing, transferring, ambulation and other 
27activities of daily living, housekeeping, personal laundry and companionship; provided, 
28however, that “home care services” shall not include: (i) hospice services provided by an entity 
29subject to licensure under section 57D of chapter 111; (ii) home health services provided by an 
30entity subject to licensure under section 51K of said chapter 111; (iii) services provided by a 
31personal care attendant in the commonwealth’s personal care attendant program as defined in 
32130 CMR 422.000; or (iv) services provided under the MassHealth adult foster care program as 
33defined in 130 CMR 408.402. 
34 “Home care worker”, an individual employed by a home care agency who provides home 
35care services to a consumer in the consumer’s residence. 

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36 “PCA quality home care workforce council”, the council established in section 71 of 
37chapter 118E.  
38 “Personal care attendant”, as defined in section 70 of chapter 118E. 
39 “Surrogate”, as defined in said section 70 of chapter 118E. 
40 Section 16II. (a) No person or entity shall: (i) establish, maintain, operate or hold itself 
41out as a home care agency; (ii) provide home care services; (iii) or use the words “home care” to 
42describe its services without a home care agency license issued pursuant to subsection (b). 
43Licensure pursuant to said subsection (b) shall be required for home care agencies that directly 
44employ home care workers and home care agencies that contract with entities that employ home 
45care workers. 
46 (b)(1) The executive office shall issue for a term of 3 years, and may renew for like 
47terms, a home care agency license to any person or entity that the executive office deems 
48responsible and suitable to establish or maintain a home care agency and meets the requirements 
49of the rules and regulations promulgated pursuant to subsection (e). A license issued under this 
50subsection shall not be transferable or assignable. 
51 (2) The executive office may suspend, revoke or refuse to renew for cause a home care 
52agency license in accordance with regulations promulgated by the department pursuant to 
53subsection (e); provided, however, that the office shall provide home care agencies an 
54opportunity for appeal of such suspension, revocation or refusal or renewal. 
55 (3) License appl