BILL NUMBER: AB 1863 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 7, 2014
AMENDED IN ASSEMBLY APRIL 22, 2014
INTRODUCED BY Assembly Member Jones
( Coauthor: Assembly Member
Cooley )
FEBRUARY 19, 2014
An act to amend Sections 1796.12, 1796.14, 1796.17,
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, 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 domestic home care aide
referral agencies organizations ,
as defined, including licensure, fees, enforcement and fines, and
regulation of registered home care aides having agreements with those
agencies organizations . 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
or a domestic home care aide referral 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: 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) "Domestic home care aide referral organization" means an
employment agency, as defined in Section 1812.5095 of the Civil Code
that provides referrals home care services provided by a registered
home care aide to a client, and is licensed pursuant to this chapter.
(g) "Domestic home care aide referral organization 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 domestic
home care aide referral organization licensee and the department has
received and is processing the complete domestic home care aide
referral organization application and nonrefundable application fee.
(h) "Domestic home care aide referral organization application"
means the official form, designated by the department, to request to
become a licensed domestic home care aide referral organization.
(i) "Domestic home care aide referral 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 domestic home care aide referral
organization.
(f)
(j) "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)
(k) "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)
( l ) "Home care aide application"
means the official form, designated by the department, to request to
become a registered home care aide.
(i)
(m) "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)
(n) "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)
(o) "Home care organization application" means the
official form, designated by the department, to request to become a
licensed home care organization.
(l)
(p) "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.
(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.
(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. A registered home care
aide may work as an affiliated home care aide and as an independent
home care aide, but not at the same time.
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 and independent 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 1796.17 of the Health
and Safety Code is amended to read:
1796.17. A home care organization or a domestic home care
aide referral organization shall not include the following:
(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) 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.
(e) A home medical device retail facility licensed under Section
111656.
(f) 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.
(g) An employment agency, as defined in Section 1812.5095 of the
Civil Code, that procures, offers, refers, provides, or attempts to
provide an independent home care aide who provides home care services
clients , except that an employment agency meeting this
description may be a domestic home care aide referral organization
.
(h) A residential care facility for the elderly licensed under
Chapter 3.2 (commencing with Section 1569).
(i) 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).
(j) An person or organization performing activities that fall
under the jurisdiction of a child day care facility licensed under
Chapter 3.4 (commencing with Section 1596.70), a day care center
licensed under Chapter 3.5 (commencing with Section 1596.60), or a
family day care home licensed under Chapter 3.6 (commencing with
Section 1597.30).
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.
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.
(3) The Internet Web site shall distinguish between an affiliated
and independent home care aide for purposes of informing potential
consumers and the public of the differences between the two
classifications.
(b) Update the home care registry upon receiving notification from
a home care organization or a domestic home care aide referral
organization that an affiliated the
home care aide is no longer employed by or associated with
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. 6. Section 1796.33 of the Health and Safety Code is amended
to read:
1796.33. 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 domestic home care aide referral
agency organization :
(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 domestic home care aide referral
agency organization license, the following
individual or individuals shall consent to the background examination
described in Section 1796.23:
(1) The owner or owners of the applicant, if the owners are
individuals.
(2) If the owner of 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
under this chapter 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 that is signed
under penalty of perjury .
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 (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 domestic home care
aide referral agency organization
under this chapter:
(1) Represent himself, herself, or itself to be a domestic
home care aide referral agency
organization 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 "domestic home
care aide referral agency,"
organization," "home care agency,"
organization, " "home care," "in-home care," or any
combination of those terms, within its name.
(c) (1) This section does not apply to 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) Subdivision (a) does not apply to a domestic home
care aide referral agency
organization .
(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 domestic home
care aide referral agency
organization 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 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 domestic home care
aide referral agency organization
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 a registered home care aide to a
client in the state, the home care organization or domestic
home care aide referral agency
organization 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. 10. Section 1796.38 of the Health and Safety Code is amended
to read:
1796.38. (a) The department 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:
(1) Files a home care organization application, including the fees
required pursuant to Section 1796.49.
(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 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.
(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.
(5) The owner or owners of the home care organization pass a
background examination, as required pursuant to Section 1796.34.
(6) The applicant does not have any outstanding fees or civil
penalties due to the department.
(b) The department shall issue a domestic home care
aide referral agency organization
license to a domestic home care aide
referral agency organization applicant
that satisfies the requirements set forth in this chapter, including
all of the following:
(1) Files a complete domestic home care aide
referral agency organization
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 domestic home care
aide referral agency organization
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 licensee shall renew the home care organization
license or domestic home care aide referral
organization license every two years.
(b) Renewal shall be conditioned upon the licensee doing both of
the following:
(1) Submitting a complete 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
renewal process.
(c) Failure of the licensee to cooperate may result in the
withdrawal of the 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 domestic home care aide
referral agency organization shall be
separately licensed.
(b) Nothing in this chapter shall prevent a licensee from
obtaining more than one domestic home care aide
referral agency organization license
or obtaining a domestic home care aide referral
agency organization 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
domestic home care aide referral agency
organization licensee shall do both of the
following:
(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.
(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
domestic home care aide referral agency
organization shall comply
do both of the following:
(1) Comply with the bond
requirements included in Section 1812.503 of the Civil Code.
(2) Inform, both orally and in writing, a prospective customer
seeking a referral of an independent home care aide of the
disclosures required pursuant to Section 1812.5095 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 that refer registered home
care aides shall ensure the 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
domestic home care aide referral agency
organization shall do all of the following:
(1) Ensure any staff person, volunteer, or employee 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) 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 subdivisions
(b) and (c). A domestic home care aide referral
agency organization 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
Activities of daily living needs
, including how to provide for and respond to a client'
s daily needs .
(3) How to detect, report, and prevent
, and detect abuse and neglect.
(4) How to assist Assisting a client
with personal hygiene and other home care services.
hygiene.
(5) If transportation services are provided, how to safely
transport a client.
(5) Safely transporting clients, if transportation services are
provided by the registered home care aide.
(6) Infection control.
(7) Basic safety precautions.
(d) A registered (1)
An independent home care aide who is being referred by a
domestic home care aide referral agency
organization shall annually complete
a proficiency exam that includes all of the following topics:
(1)
(A) Clients' rights and safety.
(2)
(B) Activities of daily living, including how to
provide for and respond to a client's daily needs.
(3)
(C) How to detect, report, and prevent abuse and
neglect.
(4)
(D) Assisting clients with personal hygiene.
(5)
(E) Safely transporting clients, if transportation
services are provided by the registered home care aide.
(6)
(F) Infection control.
(7)
(G) Basic safety precautions.
(2) An independent home care aide who does not complete the
proficiency exam shall not be eligible for referral to prospective
clients.
(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)
(f) A registered home care aide who possessed
possesses a current and 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
requirements of subdivisions (c) and (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
independent home care aide on or after January
1, 2015, or a registered home care aide entering into an agreement
with a domestic home care aide referral
agency organization 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 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, 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 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, a registered or affiliated
home care aide shall submit, and the home care organization
or domestic home care aide referral
agency organization 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 domestic home care aide
referral agency organization . The
registered or affiliated home care aide shall pay
the cost of the examination.
(g) 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
domestic home care aide referral agency
organization 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 domestic home care aide
referral agency organization that
previously had an agreement with him or her that the home care
organization or domestic home care aide
referral agency organization 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 domestic home care aide
referral agency organization 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 domestic home care
aide referral agency organization
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 domestic home care aide
referral agencies organizations .
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 domestic home care aide
referral agencies organizations
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 domestic home
care aide referral agency
organization 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 domestic home care aide
referral agency organization .
A home care organization or home care referral agency's
An organization's refusal to make records, books, or
premises available shall constitute cause for the revocation of the
home care organization or home care referral agency's
organization'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 domestic home care aide
referral agency organization
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 domestic home
care aide referral agency
organization 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 domestic home care aide referral
agency organization 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. (a) The provisions
of this chapter that apply to registered and affiliated
home care aides and , to home
care organizations , and to domestic home care aide referral
organizations shall become operative on January 1,
2015 2016 .
(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. 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.