Representative Steven S. Howitt supports bill to enhance state oversight of home care agencies House proposal offers protections for MA residents receiving services

House proposal offers protections for MA residents receiving services

Boston – State Representative Steven S. Howitt (R-Seekonk) recently supported legislation to enhance state oversight of home care agencies operating in Massachusetts and implement a formal licensing process to help protect clients receiving services.

House Bill 4706, An Act to improve Massachusetts home care, was given initial approval by the House of Representatives on November 5 when it was engrossed on a vote of 153-1. The bill still requires Senate approval and Governor Maura Healey’s signature before it can become law.

Representative Howitt noted that home care agencies are not currently licensed in Massachusetts, making it difficult to ensure these agencies are providing quality services to their clients and potentially leaving clients in a vulnerable position.

House Bill 4706 calls for the Executive Office of Health and Human Services (EOHHS) to establish and administer a formal licensing process for home care agencies, with fees to be set by the Executive Office for Administration and Finance. EOHHS will be required to issue temporary licenses within 180 days of the effective date of the bill, and to develop rules and regulations for the licensing and conduct of home care agencies within one year.

Representative Howitt said the new home care licenses will be valid for three years and subject to renewal. EOHHS will have the power to revoke or suspend a license and to issue fines of up to $500 per day if an agency does not comply with the new regulations governing the conduct of home care agencies.

Representative Howitt noted House Bill 4706 contains many important protections for individuals and families who rely on home care services by requiring background checks for home care workers and establishing a Home Care Worker and Consumer Abuse Stakeholder Advisory Committee. The committee will advise EOHHS on how to address abusive treatment of home care workers, personal care attendants, and home care consumers, and will be responsible for submitting periodic reports detailing its findings and recommendations.

Under the provisions of the House bill, EOHHS will also be tasked with:
• creating training requirements for agency staff on infection control, handling emergencies, and reporting suspected abuse;
• establishing policies to ensure safe working conditions;
• setting minimum standards for service plans and contracts executed by home care agencies;
• establishing minimum coverage requirements for workers’ compensation and liability insurance; and
• mandating annual and ongoing reporting requirements for licensed home care agencies

According to Representative Howitt, House Bill 4706 would also create a Home Care Oversight Advisory Council to advise EOHHS on the implementation of the new licensure requirements and regulations governing the conduct of home care agencies. The advisory council will be comprised of representatives from various state agencies, as well as the Home Care Aide Council, Home Care Alliance of Massachusetts, Massachusetts Aging Access, and 1199 SEIU.

During floor debate, Representative Howitt supported an amendment to create a special legislative commission to study family caregiving policy, in consultation with the Health Policy Commission, and to file a report with its findings and recommendations by December 1, 2026. As part of the study, the commission will conduct an evaluation of all state-funded efforts in caregiving research, clinical care, institutional and home-based and community-based services and supports, and will investigate the potential fiscal, access and quality impacts of allowing spouses to serve as paid caregivers in the MassHealth program. The amendment was adopted on a vote of 154-0.

House Bill 4706, as amended, now moves to the Senate for its consideration.