Section 97 Home Care Licensing Commission
(a) There shall be a special commission to study and make recommendations to establish a statewide licensing process for home care agencies in the commonwealth. The commission shall study: (i) current licensure, reporting and oversight requirements across the long-term care services industry and support systems and other relevant state agencies, including the provider monitoring conducted by the aging services access points established in section 4B of chapter 19A of the General Laws, to avoid duplication or conflicting requirements; (ii) home care agency licensure requirements in other states; (iii) processes for implementing a statewide home care agency licensure process; and (iv) current licensure processes in the health care industry in Massachusetts. The commission may hold hearings and invite testimony from experts and the public to gather information, best practices and general feedback.
(b) The commission shall consist of the following 13 members: the commissioner of public health or their designee, who shall serve as chair; the secretary of elder affairs or their designee; the secretary of health and human services or their designee; the assistant secretary for MassHealth or their designee; the chairs of the joint committee on elder affairs or their designees; and 7 persons to be appointed by the governor: 1 of whom shall be a representative of the Home Care Aide Council, 1 of whom shall be a representative of the Home Care Alliance of Massachusetts, Inc., 1 of whom shall be a representative of Massachusetts Home Care, Inc., 1 of whom shall be a representative of the Massachusetts division of 1199SEIU-UHE, 1 of whom shall be a consumer of home care services and 1 of whom shall be representative of a home care agency that operates in multiple localities throughout the commonwealth.
(c) The commission shall make recommendations on: (i) strategies to implement a statewide home care agency licensure process; (ii) licensure, reporting and oversight requirements for the home care agencies; (iii) the standards for the issuance of a provisional license; (iv) ensuring recommendations for home care agency licensure process will align with state oversight process already in place through the aging services access points established in section 4B of chapter 19A of the General Laws, the home care worker registry established in section 4D of said chapter 19A and the nurse aide registry pursuant to sections 72F to 72L, inclusive, of chapter 111 of the General Laws; and (v) any other matters pertaining to licensing home care agencies.
(d) The commission shall submit a report containing its findings and recommendations, including drafts of proposed legislation to carry out its recommendations, by filing the same with the clerks of the senate and house of representatives, the joint committee on elder affairs and the joint committee on public health not later than October 1, 2021.