BILL NUMBER: AB 1863 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2014
INTRODUCED BY Assembly Member Jones
FEBRUARY 19, 2014
An act to amend Sections 1796.22, 1796.33, 1796.38, and
1796.63 of 1796.12, 1796.14, 1796.22, 1796.29,
1796.33, 1796.34, 1796.35, 1796.37, 1796.38, 1796.39, 1796.41,
1796.42, 1796.44, 1796.45, 1796.51, 1796.52, 1796.53, 1796.55,
1796.61, and 1769.63 of, and to add Sections 1796.18, 1796.40, and
1796.50 to, the Health and Safety Code, relating to
public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1863, as amended, Jones. Home Care Services Consumer Protection
Act.
Existing law establishes the Home Care Services Consumer
Protection Act (the act), which provides, on and after January 1,
2015, for the licensure and regulation of home care organizations, as
defined, by the State Department of Social Services, and for the
registration of home care aides. Violation of the act is a
misdemeanor. Existing law requires background clearances for
home care aides and home care organizations, as specified. Existing
law authorizes any individual that possesses, among other things, a
valid Alien Registration Card, and who has submitted an application,
to initiate a background examination to be either a registered home
care aide or to be a licensed home care organization.
This bill , commencing January 1, 2016, would make
the provisions of the act applicable to home care referral agencies,
as defined, including licensure, fees, enforcement and fines, and
regulation of registered home care aides having agreements with those
agencies. By expanding the scope of a crime, this bill would impose
a state-mandated local program. The bill would authorize any
individual that possesses either a valid Alien Registration Receipt
Card or valid Permanent Resident Card to initiate a background
examination to be either a registered home care aide or to be a
licensed home care organization.
Existing law requires the State Department of Social Services to
post any proposed regulations promulgated for purposes of
implementing the act on its public Internet Web site no earlier than
10 calendar days prior to the effective date of the proposed rule, as
specified.
This bill would instead require the State Department of Social
Services to post any proposed regulations promulgated on its public
Internet Web site no later than 90 calendar days prior to the
effective date of the proposed rule, as specified.
This bill would also correct an erroneous cross-reference.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1796.12 of the
Health and Safety Code is amended to read:
1796.12. For purposes of this chapter, the following definitions
shall apply:
(a) "Affiliated home care aide" means an individual, 18 years of
age or older, who is employed by a home care organization to provide
home care services to a client and is listed on the home care aide
registry.
(b) "Child" or "children" means an individual or individuals under
18 years of age.
(c) "Client" means an individual who receives home care services
from a registered home care aide.
(d) "Department" means the State Department of Social Services.
(e) "Director" means the Director of Social Services.
(f) "Family member" means any spouse, by marriage or otherwise,
child or stepchild, by natural birth or by adoption, parent, brother,
sister, half-brother, half-sister, parent-in-law, brother-in-law,
sister-in-law, nephew, niece, aunt, uncle, first cousin, or any
person denoted by the prefix "grand" or "great," or the spouse of any
of these persons, even if the marriage has been terminated by death
or dissolution.
(g) "Home care aide applicant" means an individual, 18 years of
age or older, who is requesting to become an registered home care
aide and the department has received and is processing the individual'
s complete home care aide application and fees.
(h) "Home care aide application" means the official form,
designated by the department, to request to become a registered home
care aide.
(i) "Home care aide registry" means a department-established and
department-maintained Internet Web site of registered home care aides
and home care aide applicants, which includes all of the following:
the individual's name, registration number, registration status,
registration expiration date, and, if applicable, the home care
organization to which the affiliated home care aide or affiliated
home care aide applicant is associated.
(j) "Home care organization" means an individual, 18 years of age
or older, firm, partnership, corporation, limited liability company,
joint venture, association, or other entity that arranges for home
care services by an affiliated home care aide to a client, and is
licensed pursuant to this chapter.
(k) "Home care organization application" means the official form,
designated by the department, to request to become a licensed home
care organization.
(l) "Home care organization licensee" means an individual, 18
years of age or older, firm, partnership, corporation, limited
liability company, joint venture, association, or other entity having
the authority and responsibility for the operation of a licensed
home care organization.
(m) "Home care referral agency" means an employment agency, as
defined in Section 1812.5095 of the Civil Code that arranges for home
care services provided by a registered home care aide to a client,
and is licensed pursuant to this chapter.
(n) "Home care referral agency applicant" means an individual, 18
years of age or older, or a firm, partnership, corporation, limited
liability company, joint venture, association, or other entity that
is requesting to become a home care referral agency licensee and the
department has received and is processing the complete home care
referral agency application and nonrefundable application fee.
(o) "Home care referral agency application" means the official
form, designated by the department, to request to become a licensed
home care referral agency.
(p) "Home care referral agency licensee" means an individual, 18
years of age or older, firm, partnership, corporation, limited
liability company, joint venture, association, or other entity having
the authority and responsibility for the operation of a licensed
home care referral agency.
(m)
(q) "Home care services" means nonmedical services and
assistance provided by a registered home care aide to a client who,
because of advanced age or physical or mental disability, cannot
perform these services. These services enable the client to remain in
his or her residence and include, but are not limited to, assistance
with the following: bathing, dressing, feeding, exercising, personal
hygiene and grooming, transferring, ambulating, positioning,
toileting and incontinence care, assisting with medication that the
client self-administers, housekeeping, meal planning and preparation,
laundry, transportation, correspondence, making telephone calls,
shopping for personal care items or groceries, and companionship.
This subdivision shall not authorize a registered home care aide to
assist with medication that the client self-administers that would
otherwise require administration or oversight by a licensed health
care professional.
(r) "Independent home care aide" means an individual, 18 years of
age or older, who is not employed by a home care organization, but
who is listed on the home care aide registry and is providing home
care services through a direct agreement with a client.
(n)
(s) "Registered home care aide" means an affiliated
home care aide or independent home care aide, 18 years of age or
older, who is listed on the home care aide registry.
(o) "Independent home care aide" means an individual, 18 years of
age or older, who is not employed by a home care organization, but
who is listed on the home care aide registry and is providing home
care services through a direct agreement with a client.
SEC. 2. Section 1796.14 of the Health
and Safety Code is amended to read:
1796.14. (a) Individuals who are not employed by a home care
organization but who provide home care services to a client may be
listed on the home care aide registry.
(b) An affiliated home care aide shall be listed on the home care
aide registry prior to providing home care services to a client.
A home care aide shall be listed on the registry prior to being
referred by a home care referral agency to a client.
(c) An individual providing home care services to a child is
exempt from any requirement to be listed on the home care aide
registry if the individual is one of the following:
(1) A family member of the child.
(2) A guardian of the child.
(3) A conservator of the child.
(4) A foster parent of the child, in a foster family home, as
defined in paragraph (5) of subdivision (a) of Section 1502, or a
certified family home, as defined in subdivision (d) of Section 1506.
(5) Nonrelative extended family member, as defined in Section
362.7 of the Welfare and Institutions Code.
(6) Providing home care services in a facility in which only
Indian children who are eligible under the federal Indian Child
Welfare Act (25 U.S.C. 1901 et seq.) are placed and is one of the
following:
(A) An extended family member of the Indian child, as defined in
Section 1903 of Title 25 of the United States Code.
(B) A foster home that is licensed, approved, or specified by the
Indian child's tribe pursuant to Section 1915 of Title 25 of the
United States Code.
(7) Providing home care services as part of his or her job duties
through one of the following entities:
(A) A home health agency licensed under Chapter 8 (commencing with
Section 1725).
(B) A hospice licensed under Chapter 8.5 (commencing with Section
1745).
(C) A health facility licensed under Chapter 2 (commencing with
Section 1250).
(D) Any clinic licensed under Sections 1204 or 1204.1.
(E) A county providing in-home supportive services pursuant to
Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of
Division 9 of the Welfare and Institutions Code, without regard to
whether the county provides these services as a public authority or
through a nonprofit consortium established pursuant to Section
12301.6 of the Welfare and Institutions Code.
(F) A home medical device retail facility licensed under Section
111656.
(G) An organization vendored or contracted through a regional
center or the State Department of Developmental Services pursuant to
the Lanterman Developmental Disabilities Services Act (Division 4.5
(commencing with Section 4500) of the Welfare and Institutions Code)
and the California Early Intervention Services Act (Title 14
(commencing with Section 95000) of the Government Code) to provide
services and supports for persons with developmental disabilities, as
defined in Section 4512 of the Welfare and Institutions Code, when
funding for those services is provided through the State Department
of Developmental Services and more than 50 percent of the recipients
of the home care services provided by the organization are persons
with developmental disabilities.
(H) A community care facility as licensed under Chapter 3
(commencing with Section 1500), a residential care facility for
persons with special health care needs licensed under Chapter 3.01
(commencing with Section 1568.01), a residential care facility for
the elderly licensed under Chapter 3.2 (commencing with Section
1569), or a child day care licensed under Chapter 3.4 (commencing
with Section 1596.70).
(I) Any alcoholism or drug abuse recovery or treatment facility as
defined by Section 11834.02.
(J) Any other entity providing services similar to those described
in this paragraph, as determined by the director.
(8) Providing services authorized pursuant to Section 2731 of the
Business and Professions Code
(d) (1) Home care aides shall not include individuals who are
providing home care services as part of their job duties through one
of the following entities:
(A) Services authorized to be provided by a licensed home health
agency under Chapter 8 (commencing with Section 1725).
(B) Services authorized to be provided by a licensed hospice
pursuant to Chapter 8.5 (commencing with Section 1745).
(C) Services authorized to be provided by a licensed health
facility pursuant to Chapter 2 (commencing with Section 1250).
(D) In-home supportive services provided pursuant to Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of Division 9
of the Welfare and Institutions Code.
(E) Services authorized to be provided by one of the following:
(i) A licensed residential care facility for the elderly pursuant
to Chapter 3.2 (commencing with Section 1569).
(ii) A licensed community care facility pursuant to Chapter 3
(commencing with Section 1500).
(iii) A licensed residential care facility for persons with
chronic life-threatening illness pursuant to Chapter 3.01 (commencing
with Section 1568.01).
(iv) A licensed facility, pursuant to the California Child Day
Care Act (Chapter 3.4 (commencing with Section 1596.70)), which
includes day care centers under Chapter 3.5 (commencing with Section
1596.90) and family day care homes under to Chapter 3.6 (commencing
with Section 1597.30).
(2) Home care aides shall not include individuals providing
services authorized to be provided pursuant to Section 2731 of the
Business and Professions Code.
SEC. 3. Section 1796.18 is added to the
Health and Safety Code , immediately following
Section 1796.17 , to read:
1796.18. (a) A home care referral agency does not include any of
the following:
(1) A home health agency licensed under Chapter 8 (commencing with
Section 1725).
(2) A hospice licensed under Chapter 8.5 (commencing with Section
1745).
(3) A health facility licensed under Chapter 2 (commencing with
Section 1250).
(4) A county providing in-home supportive services pursuant to
Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of
Division 9 of the Welfare and Institutions Code, without regard to
whether the county provides these services as a public authority or
through a nonprofit consortium established pursuant to Section
12301.6 of the Welfare and Institutions Code.
(5) A home medical device retail facility licensed under Section
111656.
(6) An organization vendored or contracted through a regional
center or the State Department of Developmental Services pursuant to
the Lanterman Developmental Disabilities Services Act (Division 4.5
(commencing with Section 4500) of the Welfare and Institutions Code)
and the California Early Intervention Services Act (Title 14
(commencing with Section 95000) of the Government Code) to provide
services and supports for persons with developmental disabilities, as
defined in Section 4512 of the Welfare and Institutions Code, when
funding for those services is provided through the State Department
of Developmental Services and more than 50 percent of the recipients
of the home care services provided by the organization are persons
with developmental disabilities.
(7) A home care organization.
(8) A community care facility licensed under Chapter 3 (commencing
with Section 1500), or a residential care facility for persons with
chronic life-threatening illness licensed under Chapter 3.01
(commencing with Section 1568.01), a residential care facility for
the elderly licensed under Chapter 3.2 (commencing with Section
1569), or a facility licensed under the California Child Day Care Act
(Chapter 3.4 (commencing with Section 1596.70)), which includes day
care centers under Chapter 3.5 (commencing with Section 1596.90) and
family day care homes pursuant to Chapter 3.6 (commencing with
Section 1597.30).
(9) An alcoholism or drug abuse recovery or treatment facility as
defined in Section 11834.02.
(10) Providing services authorized pursuant to Section 2731 of the
Business and Professions Code.
(11) A clinic licensed under Section 1204 or 1204.1.
(12) A nonrelative extended family member, as defined in Section
362.7 of the Welfare and Institutions Code.
(13) A facility that provides home care services in which only
Indian children who are eligible under the federal Indian Child
Welfare Act (25 U.S.C. 1901 et seq.) are placed and is one of the
following:
(A) An extended family member of the Indian child, as defined in
Section 1903 of Title 25 of the United States Code.
(B) A foster home that is licensed, approved, or specified by the
Indian child's tribe pursuant to Section 1915 of Title 25 of the
United States Code.
(b) In the event of conflict between this chapter and a provision
listed in subdivision (a), the provision in subdivision (a) shall
control.
SECTION 1. SEC. 4. Section 1796.22
of the Health and Safety Code is amended to read:
1796.22. Any individual who has submitted an application and who
possesses any one of the following identification cards may initiate
a background examination to be a registered home care aide:
(a) A valid California driver's license.
(b) A valid identification card issued by the Department of Motor
Vehicles.
(c) A valid Alien Registration Receipt Card or valid Permanent
Resident Card.
(d) In the case of a person living in a state other than
California, a valid numbered photo identification card issued by an
agency of the state other than California.
SEC. 5. Section 1796.29 of the Health
and Safety Code is amended to read:
1796.29. The department shall do both of the following in the
administration of the home care aide registry:
(a) Establish and maintain on the department's Internet Web site
the registry of registered home care aides and home care aide
applicants.
(1) To expedite the ability of a consumer to search and locate a
registered home care aide or home care aide applicant, the Internet
Web site shall enable consumers to look up the registration status by
providing the registered home care aide's or home care aide
applicant's name, registration number, registration status, and
registration expiration date.
(2) The Internet Web site shall not provide any additional,
individually identifiable information about a registered home care
aide or home care aide applicant. The department may request and may
maintain additional information for registered home care aides or
home care aide applicants, as necessary for the administration of
this chapter, which shall not be publicly available on the home care
aide registry.
(b) Update the home care registry upon receiving notification from
a home care organization that an affiliated home care aide is no
longer employed by the home care organization.
(c) To expedite the ability of a home care referral agency to
search and locate a registered home care aide or home care aide
applicant, the registry shall enable home care referral agencies to
look up registration status by providing the registered home care
aide or home care aide applicant's name, registration number,
registration status, and registration expiration date.
SEC. 2. SEC. 6. Section 1796.33 of
the Health and Safety Code is amended to read:
1796.33. Any An individual who has
submitted an application and who possesses any one of the following
identification cards may initiate a background examination to be a
licensed home care organization or a licensed home care referral
agency :
(a) A valid California driver's license.
(b) A valid identification card issued by the Department of Motor
Vehicles.
(c) A valid Alien Registration Receipt Card or valid Permanent
Resident Card.
(d) In the case of a person living in a state other than
California, a valid numbered photo identification card issued by an
agency of the state other than California.
SEC. 7. Section 1796.34 of the Health
and Safety Code is amended to read:
1796.34. (a) In order to obtain a home care
organization license or a home care referral agency license
, the following individual or individuals shall consent to the
background examination described in Section 1796.23:
(a)
(1) The owner or owners of the home care
organization applicant , if the owners are
individuals.
(b)
(2) If the owner of a home care organization
the applicant is a corporation, limited
liability company, joint venture, association, or other entity, an
individual having a 10-percent or greater interest in that entity.
(b) A person who is a current licensee or employee in a facility
licensed by the department, a certified foster parent, a certified
administrator, or a registered TrustLine provider may transfer his or
her current criminal record clearance or exemption for purposes of
licensure as a home care referral agency pursuant to subdivision (h)
of Section 1522. The person shall, instead, submit to the department,
along with the person's application, a copy of his or her
identification card, as required pursuant to Section 1796.33, and a
signed declaration verifying the person's identity.
SEC. 8. Section 1796.35 of the Health
and Safety Code is amended to read:
1796.35. (a) A person or a private or public organization, with
the exception of a county providing in-home supportive services
pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of
Part 3 of Division 9 of the Welfare and Institutions Code, and the
exceptions provided for in subdivision (b)
(c) , shall not do any of the following, unless it is a
licensed home care organization under this chapter:
(1) Represent himself, herself or itself to be a home care
organization by name, advertising, soliciting, or any other
presentments to the public, or in the context of services within the
scope of this chapter, imply that he, she, or it is licensed to
provide those services or to make any reference to employee bonding
in relation to those services.
(2) Use the terms "home care organization," "home care," "in-home
care," or any combination of those terms, within its name.
(b) A person or a private or public organization, with the
exception of a county providing in-home supportive services pursuant
to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3
of Division 9 of the Welfare and Institutions Code, and the
exceptions provided for in subdivision (c), shall not do any of the
following, unless it is a licensed home care referral agency under
this chapter:
(1) Represent himself, herself, or itself to be a home care
referral agency by name, advertising, soliciting, or any other
presentment to the public, or in the context of services within the
scope of this chapter, imply that he, she, or it is licensed to
provide those services or to make any reference to employment agency
or bonding in relation to those services.
(2) Use the terms "home care referral agency," "home care agency,"
"home care," "in-home care," or any combination of those terms,
within its name.
(b)
(c) (1) This section does not
apply to either of the following:
(1) A
a county providing in-home supportive services pursuant to
Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of
Division 9 of the Welfare and Institutions Code.
(2) An employment agency, as defined in Section 1812.5095 of the
Civil Code, that procures, offers, refers, provides, or attempts to
provide an affiliated home care aide who provides home care to
clients.
(2) Subdivision (a) does not apply to a home care referral agency.
(3) Subdivision (b) does not apply to a home care organization.
SEC. 9. Section 1796.37 of the Health
and Safety Code is amended to read:
1796.37. (a) A home care organization or home care referral
agency that has its principal place of business in another
state, in addition to the other requirements of this chapter, before
arranging for home care services provided by an affiliated
a registered home care aide to a client in the
state, shall comply with all of the following:
(1) Have an office in California.
(2) Maintain all pertinent records of the operation in California
at the California office. All records shall be available to review,
copy, audit, and inspect by the licensing agency.
(b) If the home care organization or home care referral
agency is a foreign corporation, foreign limited liability
company, foreign limited partnership, foreign association, or a
foreign limited liability partnership, as defined in Sections 170,
171, 171.03, 171.05, and 16101 of the Corporations Code, before
arranging for home care services provided by an affiliated
a registered home care aide to a client in the
state, the home care organization or home care referral agency
shall have an office in California and shall comply with both
of the following:
(1) Register with the Secretary of State to conduct intrastate
business in California.
(2) Maintain all pertinent records of the operation in California
at the California office. All records shall be available to review,
copy, audit, and inspect by the licensing agency.
SEC. 3. SEC. 10. Section 1796.38 of
the Health and Safety Code is amended to read:
1796.38. (a) The department may
shall issue a home care organization license to
an individual or other entity that satisfies all of the requirements
set forth in this chapter, including all of the following:
(a)
(1) Files a home care organization application,
including the fees required pursuant to Section 1796.49.
(b)
(2) Submits proof of general and professional liability
insurance in the amount of at least one million dollars ($1,000,000)
per occurrence and three million dollars ($3,000,000) in the
aggregate.
(c)
(3) Submits proof of a valid workers' compensation
policy covering its affiliated home care aides. The proof shall
consist of the policy number, the effective and expiration dates of
the policy, and the name and address of the policy carrier.
(d)
(4) Provides the department, upon request, with a
complete list of its affiliated home care aides, and proof that each
satisfies the requirements of Section 1796.34.
(e)
(5) The owner or owners of the home care organization
pass a background examination, as required pursuant to Section
1796.34.
(f)
(6) The applicant does not have any outstanding fees or
civil penalties due to the department.
(b) The department shall issue a home care referral agency license
to a home care referral agency applicant that satisfies the
requirements set forth in this chapter, including all of the
following:
(1) Files a complete home care referral agency application,
including the fees required pursuant to Section 1796.50.
(2) Submits proof of general and professional liability insurance
in the amount of at least one million dollars ($1,000,000) per
occurrence and three million dollars ($3,000,000) in the aggregate.
(3) Submits evidence of compliance with the bond requirements, in
accordance with Section 1812.503 of the Civil Code.
(4) The owner or owners of the home care referral agency pass a
background examination, as required pursuant to Section 1796.34.
(5) The applicant does not have any outstanding fees or civil
penalties due to the department.
SEC. 11. Section 1796.39 of the Health
and Safety Code is amended to read:
1796.39. (a) A home care organization licensee
shall renew the home care organization license or home care
referral license every two years.
(b) Renewal shall be conditioned upon the licensee doing both of
the following:
(1) Submitting a complete home care organization licensee
renewal application form and payment of fees, both of
which shall be postmarked on or before the
expiration of the license.
(2) Continuing to satisfy the requirements set forth in this
chapter, and cooperating with the department in the completion of the
home care organization licenses renewal process.
(c) Failure of the home care organization
licensee to cooperate may result in the withdrawal of the
home care organization license renewal application.
"Failure to cooperate" means that the information described in this
chapter and in any rules and regulations promulgated under this
chapter has not been provided, or not provided in the form requested
by the department, or both.
SEC. 12. Section 1796.40 is added to the
Health and Safety Code , immediately following
Section 1796.39 , to read:
1796.40. (a) A home care referral agency shall be separately
licensed.
(b) Nothing in this chapter shall prevent a licensee from
obtaining more than one home care referral agency license or
obtaining a home care referral agency license in addition to other
licenses issued by the department, or both.
SEC. 13. Section 1796.41 of the Health
and Safety Code is amended to read:
1796.41. (a) A home care organization
licensee and a home care referral agency licensee shall do
all both of the following:
(a)
(1) Post its license and business hours in its place of
business in a conspicuous location, visible both to clients and
affiliated home care aides.
(b) Maintain and abide by a valid workers' compensation policy
covering its affiliated home care aides.
(c) Maintain and abide by an employee dishonesty bond, including
third-party coverage, with a minimum limit of ten thousand dollars
($10,000).
(d)
(2) Report any suspected or known adult abuse as
required by Section 15630 of the Welfare and Institutions Code and
suspected or known child abuse as required by Sections 11164 to
11174.3, inclusive, of the Penal Code. A copy of each suspected abuse
report shall be maintained and available for review by the
department during normal business hours.
(b) In addition to the requirements of subdivision (a), a home
care organization licensee shall do both of the following:
(1) Maintain and abide by a valid workers' compensation policy
covering its affiliated home care aides.
(2) Maintain and abide by an employee dishonesty bond, including
third-party coverage, with a minimum limit of ten thousand dollars
($10,000).
(c) In addition to the requirements of subdivision (a), a home
care referral agency shall comply with the bond requirements included
in Section 1812.503 of the Civil Code.
SEC. 14. Section 1796.42 of the Health
and Safety Code is amended to read:
1796.42. (a) Home care organizations that employ affiliated home
care aides and home care referral agencies th at
refer registered home care aides shall ensure the
affiliated home care aides are cleared on the home care
aide registry before placing the individual in direct contact with
clients. In addition, the home care organization or home care
referral agency shall do all of the following:
(1) Ensure any staff person, volunteer, or employee of a
home care organization who has contact with clients,
prospective clients, or confidential client information that may pose
a risk to the clients' health and safety has met the requirements of
Section 1796.23 before being hired.
(2) Require home care aides to demonstrate that they are free of
active tuberculosis disease, pursuant to Section 1796.45.
(3) Immediately A home care organization
shall immediately notify the department when the home care
organization no longer employs an individual as an affiliated home
care aide.
(b) This section shall not prevent a licensee from requiring a
criminal record clearance of any individual exempt from the
requirements of this section, provided that the individual has client
contact.
SEC. 15. Section 1796.44 of the Health
and Safety Code is amended to read:
1796.44. (a) A home care organization licensee shall ensure that
, prior to providing home care services, an affiliated
home care aide shall complete the training requirements specified in
this section subdivisions (b) and (c). A home
care referral agency shall ensure, prior to that person being
referred to a client, that a registered home care aide demonstrate
proficiency as provided in subdivision (d) .
(b) An affiliated home care aide shall complete a minimum of five
hours of entry-level training prior to presence with a client, as
follows:
(1) Two hours of orientation training regarding his or her role as
caregiver and the applicable terms of employment.
(2) Three hours of safety training, including basic safety
precautions, emergency procedures, and infection control.
(c) In addition to the requirements in subdivision (b), an
affiliated home care aide shall complete a minimum of five hours of
annual training. The annual training shall relate to core
competencies and be population specific, which shall include, but not
be limited to, the following areas:
(1) Clients' rights and safety.
(2) How to provide for and respond to a client's daily living
needs.
(3) How to report, prevent, and detect abuse and neglect.
(4) How to assist a client with personal hygiene and other home
care services.
(5) If transportation services are provided, how to safely
transport a client.
(d) A registered home care aide who is being referred by a home
care referral agency shall complete a proficiency exam that includes
all of the following topics:
(1) Clients' rights and safety.
(2) Activities of daily living, including how to provide for and
respond to a client's daily needs.
(3) How to detect, report, and prevent abuse and neglect.
(4) Assisting clients with personal hygiene.
(5) Safely transporting clients, if transportation services are
provided by the registered home care aide.
(6) Infection control.
(7) Basic safety precautions.
(d)
(e) The entry-level training and annual training on
department-approved job-related topics described in subdivisions (b)
and (c) may be completed through an online training program.
(f) The proficiency examination required pursuant to subdivision
(d) may be administered by an online service or through a written
examination administered by the home care referral agency.
(g) A registered home care aide who possessed a valid
certification from the State Department of Public Health as a
Certified Nurse Assistant or Certified Home Health Aide is exempt
from the examination requirement of subdivision (d).
SEC. 16. Section 1796.45 of the Health
and Safety Code is amended to read:
1796.45. (a) An individual hired to be an affiliated home care
aide on or after January 1, 2015, or a registered home care aide
entering into an agreement with a home care referral agency after
January 1, 2016, shall be submitted to an examination 90 days
prior to employment or the effective date of the agreement
or within seven days after employment or the effective date of
the agreement to determine that the individual is free of
active tuberculosis disease.
(b) For purposes of this section, "examination" means a test for
tuberculosis infection that is recommended by the federal Centers for
Disease Control and Prevention (CDC) and that is licensed by the
federal Food and Drug Administration (FDA) and, if that test is
positive, an X-ray of the lungs. The aide shall not work as
an a registered or affiliated home care aide
unless he or she obtains documentation from a licensed medical
professional that there is no risk of spreading the disease.
(c) An affiliated home care aide whose employment with a home care
organization began before January 1, 2015, shall submit to the
examination described in subdivision (a) before July 1, 2015.
(d) After submitting to an examination, an
a registered or affiliated home care aide whose test for
tuberculosis infection is negative shall be required to undergo an
examination at least once every two years. Once an
a registered or affiliated home care aide has a
documented positive test for tuberculosis infection that has been
followed by an X-ray, the examination is no longer required.
(e) After the examination, an a registered
or affiliated home care aide shall submit, and the home care
organization or home care referral agency shall keep on
file, a certificate from the examining practitioner showing that the
registered or affiliated home care aide was examined and
found free from active tuberculosis disease.
(f) The examination is a condition of initial and continuing
employment with the home care organization. The examination is
also a condition of a registered home care aide's initial and
continuing agreement with a home care referral agency. The
registered or affiliated home care aide shall pay the cost of
the examination.
(g) An A registered or
affiliated home care aide who transfers employment from one home care
organization to another or a registered home care aide entering
into an agreement with a home care referral agency shall be
deemed to meet the requirements of subdivision (a) or (c) if the
registered or affiliated home care aide can produce a
certificate showing that he or she submitted to the examination
within the past two years and was found to be free of active
tuberculosis disease, or if it is verified by the home care
organization previously employing him or her or by the home care
referral agency that previously had an agreement with him or her
that it the home care organization or
home care referral agency has a certificate on file that
contains that showing.
SEC. 17. Section 1796.50 is added to the
Health and Safety Code , to read:
1796.50. (a) A home care referral agency licensee shall pay the
following fees:
(1) A 24-month initial license fee, as prescribed by the
department in an amount sufficient to cover the reasonable costs of
administering the program, for a new home care referral agency
licensee not currently licensed to provide home care services in the
state.
(2) A two-year renewal fee, as determined by the department in an
amount sufficient to cover the reasonable costs of administering the
program, based on the number of office locations operated by the
licensee providing registered home care aides to clients.
(3) Other reasonable fees as prescribed by the department
necessary for the administration of this chapter.
(b) The fees collected shall be deposited into the Home Care Fund
pursuant to subdivision (b) of Section 1796.47.
SEC. 18. Section 1796.51 of the Health
and Safety Code is amended to read:
1796.51. In order to carry out the provisions of this chapter,
the department may establish procedures for the receipt,
investigation, and resolution of complaints against home care
organizations and home care referral agencies .
SEC. 19. Section 1796.52 of the Health
and Safety Code is amended to read:
1796.52. (a) The department may review and, if it determines
necessary, investigate complaints filed against home care
organizations or home care referral agencies regarding
violations of this chapter or any rules or regulations promulgated
under this chapter.
(b) The department shall verify through random, unannounced
inspections that a home care organization or home care referral
agency meets the requirements of this chapter and the rules and
regulations promulgated under this chapter.
(c) An investigation or inspection conducted by the department
pursuant to this chapter may include, but is not limited to,
inspection of the books, records, or premises of a home care
organization or home care referral agency . A home care
organization's organization or home care
referral agency's refusal to make records, books, or premises
available shall constitute cause for the revocation of the home care
organization's organization or home care
referral agency's license.
(d) Other than maintaining the home care registry, the department
shall have no oversight responsibility regarding registered home care
aides.
SEC. 20. Section 1796.53 of the Health
and Safety Code is amended to read:
1796.53. A duly authorized officer, employee, or agent of the
department may, upon presentation of proper identification, enter a
home care organization or home care referral agency during
posted business hours, with or without advance notice, to secure
compliance with, or to prevent a violation of, any provision of this
chapter or any provision promulgated under this chapter.
SEC. 21. Section 1796.55 of the Health
and Safety Code is amended to read:
1796.55. (a) A home care organization or home care referral
agency that operates in violation of any requirement or
obligation imposed by this chapter or any rule or regulation
promulgated under this chapter may be subject to the fines levied or
licensure action taken by the department as specified in this
chapter.
(b) When the department determines that a home care organization
or home care referral agency is in violation of this
chapter or any rules or regulations promulgated under this chapter, a
notice of violation shall be served upon the licensee. Each notice
of violation shall be prepared in writing and shall specify the
nature of the violation and the statutory provision, rule, or
regulation alleged to have been violated. The notice shall inform the
licensee of any action the department may take under this chapter,
including the requirement of a plan of correction, assessment of a
penalty, or action to suspend, revoke, or deny renewal of the
license. The director or his or her designee shall also inform the
licensee of rights to a hearing under this chapter.
(c) The department may impose a fine of up to nine hundred dollars
($900) per violation per day commencing on the date the violation
was identified and ending on the date each violation is corrected, or
action is taken to suspend, revoke, or deny renewal of the license,
whichever comes first.
(d) The department shall adopt regulations establishing procedures
for notices, correction plans, appeals, and hearings.
SEC. 22. Section 1796.61 of the Health
and Safety Code is amended to read:
1796.61. This (a)
The provisions of this chapter that apply to registered
and affiliated home care aides and to home care organizations
shall become operative on January 1, 2015.
(b) (1) The provisions of this chapter that apply to home care
referral agencies shall become operative on January 1, 2016.
(2) A home care referral agency applicant that submits an
application prior to January 1, 2016, shall be authorized to provide
registered home care aides to clients without meeting the
requirements of Section 1796.45 until July 1, 2016.
(3) The applicant described in paragraph (2) shall meet all the
requirements of this chapter no later than July 1, 2016.
SEC. 4. SEC. 23. Section 1796.63 of
the Health and Safety Code is amended to read:
1796.63. The department shall adopt, amend, or repeal, in
accordance with Chapter 3.5 (commencing with Section 11340) of the
Government Code, any reasonable rules, regulations, and standards as
may be necessary or proper to carry out the purpose and intent of
this chapter and to enable the department to exercise the powers and
perform the duties conferred upon it by this chapter, not
inconsistent with any of the provisions of any statute of this state.
Notwithstanding the rulemaking provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code), the department may
implement and administer this chapter through written directives,
without taking regulatory action, subject to the limitations provided
in subdivision (b).
(a) The department shall post any proposed rules promulgated under
this section on its public Internet Web site no later than 90
calendar days prior to the effective date of the proposed rule, which
shall also include notification to the public regarding how members
of the public may comment, including the date on which those comment
must be received in order to be considered by the department.
(b) The department's authority to implement and administer this
section through written directives shall expire no later than 12
months after the written directives are promulgated and posted on a
public Internet Web site, or upon the effective date of regulations
promulgated in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code), whichever occurs sooner.
SEC. 24. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.