California Legislature—2015–16 Regular Session

Assembly Bill No. 1667

Introduced by Assembly Member Dodd

January 15, 2016

An act to amend Sections 1796.12, 1796.14, 1796.17, 1796.22, 1796.24, 1796.29, 1796.32, 1796.33, 1796.34, 1796.36, 1796.37, 1796.38, 1796.40, 1796.41, 1796.42, 1796.43, 1796.44, 1796.45, 1796.47, 1796.49, 1796.51, 1796.52, 1796.55, and 1796.61 of the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL’S DIGEST

AB 1667, as introduced, Dodd. Home Care Services Consumer Protection Act.

Existing law establishes the Home Care Services Consumer Protection Act, which provides 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 an individual who 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 would, among other things, make the provisions of the act applicable to home care aide domestic referral agencies, as defined, including licensure, fees, enforcement and fines, and regulation of registered home care aides having agreements with those agencies. The bill would require a home care aide domestic referral agency to provide specified information to a person to whom a home care aide is referred, including specified information about the person’s potential employer responsibilities. The bill would authorize any individual who 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 licensed home care aide domestic referral agency. The bill would also authorize 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 to transfer his or her current criminal record clearance or exemption for purposes of licensure under these provisions, as long as he or she fulfills certain requirements, including signing a declaration verifying his or her identity under the penalty of perjury. Because the bill creates new crimes by expanding the act to include home care aide referral agencies and requiring a specified declaration to be signed under the penalty of perjury, it would impose a state-mandated local program.

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) “Family member” means any spouse, by marriage or
otherwise, domestic partner, 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 a registered home
care aide and the department has received and is processing the
individual’s complete home care aide application and
nonrefundable application fee.

(h) “Home care aide application” means the official form,
designated by the department, to request to become a registered
home care aide.

begin insert

(i) “Home care aide domestic referral agency” means an
employment agency, as defined in Section 1812.5095 of the Civil
Code and 687.2 of the Unemployment Insurance Code that offers,
refers, provides, or attempts to provide work for an independent
home care aide who is providing home care services, and shall be
licensed pursuant to this chapter.

end insert begin insert

(j) “Home care aide domestic 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 aide
domestic referral agency licensee, and the department has received
and is processing the complete home care aide domestic referral
agency application and nonrefundable application fee.

end insert begin insert

(k) “Home care aide domestic referral agency application”
means the official form, designated by the department, to request
to become a licensed home care aide domestic referral agency.

end insert begin insert

(l) “Home care aide domestic 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 aide domestic referral agency.

end insert begin delete

(i)

end delete

begin insert (m) end insert  “Home care aide registry” means a department-established
and department-maintained Internet Web site of registered home
care aides and home care aide applicants, begin delete which end delete begin insert that end insert includes begin delete all
of end delete the begin delete following: the end delete individual’s name, registration number,
registration status, registration expiration date, and, if applicable,
begin delete the home care organization to which the affiliated home care aide end delete
begin insert one end insert or begin delete affiliated home care aide applicant is associated. end delete begin insert both of
the following: end insert

begin insert

(1) The home care organization or organizations with which
the affiliated home care aide or affiliated home care aide applicant
is associated.

end insert begin insert

(2) The home care aide domestic referral agency or
organizations with which an independent home care aide is
associated.

end insert begin delete

(j)

end delete

begin insert (n) end insert  “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.

begin delete

(k)

end delete

begin insert (o) end insert  “Home care 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 where
the individual or individuals applying for the license are 18 years
of age or older and are requesting to become a home care
organization licensee and the department has received and is
processing the complete home care organization application and
nonrefundable application fee.

begin delete

(l)

end delete

begin insert (p) end insert  “Home care organization application” means the official
form, designated by the department, to request to become a licensed
home care organization.

begin delete

(m)

end delete

begin insert (q) end insert  “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 or management of a
licensed home care organization.

begin delete

(n)

end delete

begin insert (r) end insert  “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.

begin delete end delete begin delete

(o) “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.

end delete begin delete end delete begin delete

(p)

end delete

begin insert (s) end insert  “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.

begin insert

(t) “Registered home care aide” means an affiliated home care
aide or independent home care aide who is 18 years of age or
older and is listed on the home care aide registry.

end insert

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 begin insert or referred by a home care aide domestic referral
agency end insert 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 begin insert through a home
care organization. An independent home care aide shall be listed
on the home care aide registry prior end insert to begin insert being referred by end insert a begin insert home
care aide domestic referral agency to a end insert client.

(c) (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, or Section 14132.95, 14132.952, or 14132.956 of,
the Welfare and Institutions Code.

(E) A community care facility licensed pursuant to Chapter 3
(commencing with Section 1500), a residential care facility for
persons with chronic life-threatening illness licensed pursuant to
Chapter 3.01 (commencing with Section 1568.01), a residential
care facility for the elderly licensed pursuant to Chapter 3.2
(commencing with Section 1569), or a facility licensed pursuant
to the California Child Day Care Facilities begin delete Act, end delete begin insert Act end insert (Chapter 3.4
(commencing with Section 1596.70)), which includes day care
centers, as described in Chapter 3.5 (commencing with Section
1596.90), family day care homes, as described in Chapter 3.6
(commencing with Section 1597.30), and employer-sponsored
child care centers, as described in Chapter 3.65 (commencing with
Section 1597.70).

(F) A clinic licensed pursuant to Section 1204 or 1204.1.

(G) A home medical device retail facility licensed pursuant to
Section 111656.

(H) An organization vendored or contracted through a regional
center or the State Department of Developmental Services pursuant
to the Lanterman Developmental Disabilities Services Act (Chapter
1 (commencing with Section 4500) of Division 4.5 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.

(I) An alcoholism or drug abuse recovery or treatment facility
as defined in Section 11834.02.

(J) A facility in which only Indian children who are eligible
under the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901
et seq.) are placed and is either of the following:

(i) An extended family member of the Indian child, as defined
in Section 1903 of Title 25 of the United States Code.

(ii) 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.

(2) Home care aides shall not include individuals providing
services authorized to be provided pursuant to Section 2731 of the
Business and Professions Code.

(d) Home care aides shall not include a nonrelative extended
family member, as defined in Section 362.7 of the Welfare and
Institutions Code.

(e) In the event of a conflict between this chapter and a provision
listed in subdivision (b), (c), or (d), the provision in subdivision
(b), (c), or (d) shall control.

SEC. 3.  

Section 1796.17 of the Health and Safety Code is
amended to read:

1796.17.  

(a) Each home care organization begin insert and each home care
aide domestic referral agency end insert shall be separately licensed. This
chapter does not prevent a licensee from obtaining more than one
begin delete home care organization end delete license or obtaining a begin delete home care
organization end delete license in addition to other licenses issued by the
department, or both.

(b) A home care organization begin insert or a home care aide domestic
referral agency end insert does not include 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 person who performs services through the In-Home
Supportive Services program pursuant to Article 7 (commencing
with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or
Section 14132.95, 14132.952, or 14132.956 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) An employment agency, as defined in Section 1812.5095
of the Civil begin insert Code and Section 687.2 of the Unemployment
Insurance end insert Code, that procures, offers, refers, provides, or attempts
to provide begin insert a domestic worker, except end insert an begin delete independent end delete begin insert employment
agency that is a end insert home care aide begin delete who provides home care services
to clients. end delete begin insert domestic referral agency as defined in subdivision (i)
of Section 1796.12. end insert

(8) A community care facility licensed pursuant to Chapter 3
(commencing with Section 1500), a residential care facility for
persons with chronic life-threatening illness licensed pursuant to
Chapter 3.01 (commencing with Section 1568.01), a residential
care facility for the elderly licensed pursuant to Chapter 3.2
(commencing with Section 1569), or a facility licensed pursuant
to the California Child Day Care Facilities Act (Chapter 3.4
(commencing with Section 1596.70)), which includes day care
centers, as described in Chapter 3.5 (commencing with Section
1596.90), family day care homes, as described in Chapter 3.6
(commencing with Section 1597.30), and employer-sponsored
child care centers, as described in Chapter 3.65 (commencing with
Section 1597.70).

(9) An alcoholism or drug abuse recovery or treatment facility
as defined in Section 11834.02.

(10) A person providing services authorized pursuant to Section
2731 of the Business and Professions Code.

(11) A clinic licensed pursuant to 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 providing home care services in which only
Indian children who are eligible under the federal Indian Child
Welfare Act (25 U.S.C. Sec. 1901 et seq.) are placed and which
satisfies either 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.

(14) Any other individual or entity providing services similar
to those described in this chapter, as determined by the director.

(c) In the event of a conflict between this chapter and a provision
listed in subdivision (b), the provision in subdivision (b) begin delete controls. end delete
begin insert shall control. end insert

SEC. 4.  

Section 1796.22 of the Health and Safety Code is
amended to read:

1796.22.  

Any individual who has submitted a home care aide
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 begin insert Receipt Card or valid Permanent
Resident end insert 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 1796.24 of the Health and Safety Code is
amended to read:

1796.24.  

(a) (1) The department shall establish a home care
aide registry pursuant to this chapter and shall continuously update
the registry information. Upon submission of the home care aide
application and fingerprints or other identification documents
pursuant to Section 1796.22, the department shall enter into the
home care aide registry the person’s name, identification number,
and an indicator that the person has submitted a home care aide
application and fingerprints or identification documentation. This
person shall be known as a “home care aide applicant.”

(2) A person shall not be entitled to apply to be a registered
home care aide and shall have his or her registration application
returned without the right to appeal if the person would not be
eligible to obtain a license pursuant to Section 1796.40 or 1796.41.

(b) (1) Before approving an individual for registration, the
department shall check the individual’s criminal history pursuant
to Section 1522. Upon completion of the searches of the state
summary criminal offender record information and the records of
the Federal Bureau of Investigation, the home care aide applicant
shall be issued a criminal record clearance or granted a criminal
record exemption if grounds do not exist for denial pursuant to
Section 1522. The department shall enter that finding in the
person’s record in the home care aide registry and shall notify the
person of the action. This person shall be known as a “registered
home care aide.” If the home care aide applicant meets all of the
conditions for registration, except receipt of the Federal Bureau
of Investigation’s criminal offender record information search
response, the department may issue a clearance if the home care
aide applicant has signed and submitted a statement that he or she
has never been convicted of a crime in the United States, other
than a minor traffic violation. If, after approval, the department
determines that the registrant has a criminal record, registration
may be revoked pursuant to Section 1796.26.

(2) For purposes of compliance with this section, the department
may permit a home care organization begin delete applicant end delete begin insert applicant, a home
care aide domestic referral agency applicant, a home care
organization licensee, end insert or a home care begin delete organization end delete begin insert aide domestic
referral agency end insert licensee to request the transfer of a home care
aide’s current criminal record clearance or exemption for a licensed
care facility issued by the department. A signed criminal record
clearance or exemption transfer request shall be submitted to the
department and shall include a copy of the person’s driver’s license
or valid identification card issued by the Department of Motor
Vehicles, or a valid photo identification issued by another state or
the United States government if the person is not a California
resident. Upon request of the licensee or home care aide applicant,
the department shall verify whether the individual has a clearance
or exemption that can be transferred pursuant to the requirements
of this chapter.

(3) The department shall hold criminal record clearances and
exemptions in its active files for a minimum of three years after
the individual is no longer on the registry in order to facilitate a
transfer request.

SEC. 6.  

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)  begin insert (1) end insert begin insert   end insert Establish and maintain on the department’s Internet
Web site the registry of registered home care aides and home care
aide applicants.

begin delete

(1)

end delete

begin insert (2) end insert  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,
registration expiration date, and, if applicable, the home care
organization with which the affiliated home care aide is begin insert associated
or the home care aide domestic referral agency with which the
independent home care aide is end insert associated.

begin delete

(2)

end delete

begin insert (3) end insert  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, that shall not be publicly available on the home
care aide registry.

begin insert

(4) 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.

end insert begin insert

(5) A home care aide may be registered simultaneously as an
affiliated and independent home care aide, and may be affiliated
with more than one home care organization simultaneously or
associated with more than one home care aide domestic referral
agency simultaneously. A registered home care aide may be
affiliated with home care organizations and associated with home
care aide domestic referral agencies simultaneously.

end insert

(b) Update the home care registry upon receiving notification
from a home care organization begin insert or a home care aide domestic
referral agency end insert that begin delete an affiliated end delete begin insert the end insert home care aide is no longer
employed by the home care begin delete organization. end delete begin insert organization or
associated with the home care domestic referral agency. end insert

SEC. 7.  

Section 1796.32 of the Health and Safety Code is
amended to read:

1796.32.  

begin delete Any end delete begin insert An end insert 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
begin delete organization: end delete begin insert organization or a licensed home care aide domestic
referral agency: end insert

(a) A valid California driver’s license.

(b) A valid identification card issued by the Department of
Motor Vehicles.

(c) A valid Alien Registration begin insert Receipt Card or a valid
Permanent Resident end insert 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. 8.  

Section 1796.33 of the Health and Safety Code is
amended to read:

1796.33.  

begin delete In order to end delete begin insert (a) end insert begin insert   end insert begin insert To end insert obtain a home care organization
begin insert license or a home care aide domestic referral agency end insert license, the
following individual or individuals shall consent to the background
examination described in Section 1796.23:

begin delete

(a)

end delete

begin insert (1) end insert  The owner of the begin delete home care organization, end delete begin insert applicant, end insert if the
owner is an individual.

begin delete

(b)

end delete

begin insert (2) end insert  If the owner of begin delete a home care organization end delete begin insert the applicant end insert is a
corporation, limited liability company, joint venture, association,
or other entity, an individual having a 10-percent or greater
ownership in that entity and the chief executive officer or other
person serving in a similar capacity. The department shall not issue
a provisional license or license to any corporate home care
organization applicant that has a member of the board of directors,
executive director, or officer who is not eligible for licensure
pursuant to Sections 1796.40 and 1796.41.

begin insert

(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 pursuant to 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 1522, and
a declaration verifying the person’s identity that is signed under
penalty of perjury.

end insert

SEC. 9.  

Section 1796.34 of the Health and Safety Code is
amended to read:

1796.34.  

(a) A person or a private or public organization, with
the exception of any person who performs in-home supportive
services through the In-Home Supportive Services program
pursuant to Article 7 (commencing with Section 12300) of Chapter
3 of Part 3 of Division 9 of the Welfare and Institutions Code, or
Section 14132.95, 14132.952, or 14132.956 of the Welfare and
Institutions Code, and the exceptions provided for in subdivision
begin delete (b), end delete begin insert (c), end insert shall not do any of the following, unless he, she, or it is begin insert a end insert
licensed begin insert home care organization licensed end insert pursuant to this chapter:

(1)  Own, manage, or represent himself, begin delete herself end delete begin insert herself, end insert or itself
to be a home care organization by name, advertising, solicitation,
or any other presentments to the begin delete public, or end delete begin insert public or, end insert 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)  begin delete This section does end delete begin insert A person or a private or public
organization, except 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 end insert begin insert end insert not
begin delete apply to end delete begin insert do end insert either of the begin delete following: end delete begin insert following, unless it is a licensed
home care aide domestic referral agency: end insert

begin insert

(1) Represent himself, herself, or itself to be a home care aide
domestic 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.

end insert begin insert

(2) Include in its name the term “home care aide domestic
referral agency,” “home care organization,” “home care,”
“in-home care,” or any combination of those terms.

end insert begin delete

(1) Any

end delete

begin insert (c) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert This section does not apply to a end insert person who performs
in-home supportive services through the In-Home Supportive
Services program pursuant to Article 7 (commencing with Section
12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95,
14132.952, or 14132.956 of, the Welfare and Institutions Code.

(2)  begin delete An employment agency, as defined in Section 1812.5095
of the Civil Code, that procures, offers, refers, provides, or attempts end delete
begin insert Subdivision (a) does not apply end insert begin insert end insert to begin delete provide an independent end delete begin insert a end insert home
care aide begin delete who provides home care to clients. end delete begin insert domestic referral
agency organization. end insert

begin insert

(3) Subdivision (b) does not apply to a home care organization.

end insert

SEC. 10.  

Section 1796.36 of the Health and Safety Code is
amended to read:

1796.36.  

(a) A home care organization begin insert or a home care aide
domestic referral agency end insert 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 begin delete an
affiliated end delete begin insert a registered end insert 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 department.

(b) If the home care organization begin insert or home care aide domestic
referral agency end insert 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 begin delete an affiliated end delete begin insert a
registered end insert home care aide to a client in the state, the home care
organization begin insert or home care aide domestic referral agency end insert 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 department.

SEC. 11.  

Section 1796.37 of the Health and Safety Code is
amended to read:

1796.37.  

(a)  The department begin delete may end delete begin insert shall end insert issue a home care
organization license to a home care organization applicant that
satisfies the requirements set forth in this chapter, including all of
the following:

(1) Files a complete 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) Submits proof of an employee dishonesty bond, including
third-party coverage, with a minimum limit of ten thousand dollars
($10,000). This proof shall be submitted at each subsequent
renewal.

(5) Provides the department, upon request, with a complete list
of its affiliated home care aides, and proof that each satisfies the
requirements of Sections 1796.43, 1796.44, and 1796.45.

(6) Passes a background examination, as required pursuant to
Section 1796.33.

(7) Completes a department orientation.

(8) Does not have any outstanding fees or civil penalties due to
the department.

(9) Discloses prior or present service as an administrator, general
partner, corporate officer, or director of, or discloses that he or she
has held or holds a beneficial ownership of 10 percent or more in,
any of the following:

(A) A community care facility, as defined in Section 1502.

(B) A residential care facility, as defined in Section 1568.01.

(C) A residential care facility for the elderly, as defined in
Section 1569.2.

(D) A child day care facility, as defined in Section 1596.750.

(E) A day care center, as described in Chapter 3.5 (commencing
with Section 1596.90).

(F) A family day care home, as described in Chapter 3.6
(commencing with Section 1597.30).

(G) An employer-sponsored child care center, as described in
Chapter 3.65 (commencing with Section 1597.70).

(H) A home care organization licensed pursuant to this chapter.

(10) Discloses any revocation or other disciplinary action taken,
or in the process of being taken, against a license held or previously
held by the entities specified in paragraph (9).

(11) Provides evidence that every member of the board of
directors, if applicable, understands his or her legal duties and
obligations as a member of the board of directors and that the home
care organization’s operation is governed by laws and regulations
that are enforced by the department.

(12) Provides any other information as may be required by the
department for the proper administration and enforcement of this
chapter.

(13) Cooperates with the department in the completion of the
home care organization license application process. Failure of the
home care organization licensee to cooperate may result in the
withdrawal of the home care organization license application.
“Failure to cooperate” means that the information described in this
chapter and in any rules and regulations promulgated pursuant to
this chapter has not been provided, or not begin insert been end insert provided in the
form requested by the department, or both.

(b) A home care organization licensee shall renew the home
care organization license every two years. The department may
renew a home care organization license if the licensee satisfies the
requirements set forth in this chapter, including all of the following:

(1) Files a complete home care organization license renewal
application, including the nonrefundable fees required pursuant to
Section 1796.49, both of which shall be postmarked on or before
the expiration of the license.

(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) Submits proof of an employee dishonesty bond, including
third-party coverage, with a minimum limit of ten thousand dollars
($10,000).

(5) Does not have any outstanding fees or civil penalties due to
the department.

(6) Provides any other information as may be required by the
department for the proper administration and enforcement of this
chapter.

(7) Cooperates with the department in the completion of the
home care organization license renewal process. 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 pursuant to this chapter has not been provided, or not
provided in the form requested by the department, or both.

(c) (1) The department shall notify a licensed home care
organization in writing of its registration expiration date and the
process of renewal.

(2) Written notification pursuant to this subdivision shall be
mailed to the registered home care organization’s mailing address
of record at least 60 days before the registration expiration date.

begin insert

(d) The department shall issue a home care aide domestic
referral agency license to a home care aide domestic referral
agency applicant that satisfies the requirements set forth in this
chapter, including, but not limited to, all of the following:

end insert begin insert

(1) Files a complete home care aide domestic referral agency
application, including payment of the fees required pursuant to
subdivision (b) of Section 1796.49.

end insert begin insert

(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.

end insert begin insert

(3)  Submits evidence of compliance with the bond requirements
in accordance with Section 1812.503 of the Civil Code.

end insert begin insert

(4) Provides, if requested by the department, a list of
independent home care aides receiving referrals from the home
care aide domestic referral agency and proof that each of them
satisfies the requirements of Sections 1796.43, 1796.44, and
1796.45.

end insert begin insert

(5) The owner or owners of the home care aide domestic referral
agency pass a background examination pursuant to Section
1796.33.

end insert begin insert

(6) Is current in full payment of all fees or civil penalties that
the applicant owed the department.

end insert begin insert

(7) Completes an orientation provided by the department.

end insert begin insert

(8) Discloses prior or present service as an administrator,
general partner, corporate officer, or director of, or discloses that
he or she has held or holds a beneficial ownership of 10 percent
or more in, any of the following:

end insert begin insert

(A) A community care facility, as defined in Section 1502.

end insert begin insert

(B) A residential care facility, as defined in Section 1568.01.

end insert begin insert

(C) A residential care facility for the elderly, as defined in
Section 1569.2.

end insert begin insert

(D) A child day care facility, as defined in Section 1596.750.

end insert begin insert

(E) A day care center, as described in Chapter 3.5 (commencing
with Section 1596.90).

end insert begin insert

(F) A family day care home, as described in Chapter 3.6
(commencing with Section 1597.30).

end insert begin insert

(G) An employer-sponsored child care center, as described in
Chapter 3.65 (commencing with Section 1597.70).

end insert begin insert

(H) A home care aide domestic referral agency licensed
pursuant to this chapter.

end insert begin insert

(9) Discloses any revocation or other disciplinary action taken,
or in the process of being taken, against a license held or
previously held by an entity specified in paragraph (8).

end insert begin insert

(10) Provides evidence that every member of the board of
directors, if applicable, understands his or her legal duties and
obligations as a member of the board of directors and that the
home care aide domestic referral agency’s operation is governed
by laws and regulations that are enforced by the department.

end insert begin insert

(11) Provides any other information required by the department
for the proper administration and enforcement of this chapter.

end insert begin insert

(12) (A) Cooperates with the department in the completion of
the home care aide domestic referral agency license application
process.

end insert begin insert

(B) The department may withdraw a home care aide domestic
referral agency license application if the applicant fails to
cooperate with the department in the application process. “Fails
to cooperate” means that the information described in this chapter
and in any rules and regulations adopted pursuant to this chapter
has not been provided, or not provided in the form requested by
the department, or both.

end insert begin insert

(e) A home care aide domestic referral agency licensee shall
renew the home care aide domestic referral agency license every
two years. The department may renew a home care aide domestic
referral agency license if the licensee satisfies the requirements
set forth in this chapter, including, but not limited to, all of the
following:

end insert begin insert

(1) Files a complete home care aide domestic referral agency
license renewal application, including payment of the
nonrefundable fees required pursuant to subdivision (b) of Section
1796.49, both of which shall be postmarked on or before the license
expiration date.

end insert begin insert

(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.

end insert begin insert

(3) Submits evidence of compliance with the bond requirements,
in accordance with Section 1812.503 of the Civil Code.

end insert begin insert

(4) Is current in payment in full of any fees or civil penalties
due to the department.

end insert begin insert

(5) Provides any other information required by the department
for the proper administration and enforcement of this chapter.

end insert begin insert

(6) (A) Cooperates with the department in the completion of
the home care aide domestic referral agency license renewal
process.

end insert begin insert

(B) The department may withdraw an application for a renewal
of a home care aide domestic referral agency license if the
applicant fails to cooperate with the department in the application
process. “Fails to cooperate” means that the information described
in this chapter and in any rules and regulations adopted pursuant
to this chapter has not been provided, or not been provided in the
form requested by the department, or both.

end insert begin insert

(f) (1) The department shall notify a licensed home care aide
domestic referral agency in writing of its registration expiration
date and the process to renew a license.

end insert begin insert

(2) Written notification pursuant to this subdivision shall be
mailed to the registered home care aide domestic referral agency’s
mailing address of record at least 60 days before the registration
expiration date.

end insert begin insert

(g) Each home care aide domestic referral agency shall be
separately licensed.

end insert begin insert

(h) This chapter does not prevent a licensee from obtaining
more than one home care aide domestic referral agency license
or obtaining a home care aide domestic referral agency license
in addition to another license issued by the department, or both.

end insert

SEC. 12.  

Section 1796.38 of the Health and Safety Code is
amended to read:

1796.38.  

The department may deny an application for licensure
or suspend or revoke any license issued pursuant to this chapter,
pursuant to Sections 1550.5 and 1551 and in the manner provided
in this chapter on any of the following grounds:

(a) Violation by the licensee of this chapter or of the rules and
regulations promulgated under this chapter.

(b) Aiding, abetting, or permitting the violation of this chapter
or of the rules and regulations promulgated under this chapter.

(c) Conduct that is inimical to the health, morals, welfare, or
safety of either an individual receiving home care services or the
people of the State of California.

(d) The conviction of a licensee, or other person mentioned in
Section 1522, at any time before or during licensure, of a crime
described in Section 1522.

(e) Engaging in acts of financial malfeasance concerning the
operation of a home care begin delete organization. end delete begin insert organization or a home
care aide domestic referral agency. end insert

SEC. 13.  

Section 1796.40 of the Health and Safety Code is
amended to read:

1796.40.  

(a) (1) If an application for a begin delete home care organization
license end delete begin insert license under this chapter end insert indicates, or the department
determines during the application review process, that the home
care organization applicant begin insert or the home care aide domestic referral
agency applicant end insert was previously issued a license under this chapter
or under Chapter 1 (commencing with Section 1200), Chapter 2
(commencing with Section 1250), Chapter 3 (commencing with
Section 1500), Chapter 3.01 (commencing with Section 1568.01),
Chapter 3.2 (commencing with Section 1569), Chapter 3.4
(commencing with Section 1596.70), Chapter 3.5 (commencing
with Section 1596.90), Chapter 3.6 (commencing with Section
1597.30), or Chapter 3.65 (commencing with Section 1597.70),
and the prior license was revoked within the preceding two years,
the department shall cease any further review of the application
until two years have elapsed from the date of the revocation. begin delete All end delete
begin insert A end insert home care begin delete organizations are end delete begin insert organization or a home care aide
domestic referral agency is end insert exempt from the health planning
requirements contained in Part 2 (commencing with Section
127125) of Division 107.

(2) If an application for a license indicates, or the department
determines during the application review process, that the begin delete home
care organization end delete applicant previously was issued a certificate of
approval by a foster family agency that was revoked by the
department pursuant to subdivision (b) of Section 1534 within the
preceding two years, the department shall cease any further review
of the application until two years have elapsed from the date of
the revocation.

(3) If an application for a license indicates, or the department
determines during the application review process, that the begin delete home
care organization end delete applicant was excluded from a facility licensed
by the department pursuant to Section 1558, 1568.092, 1569.58,
or 1596.8897, the department shall cease any further review of the
application unless the excluded individual has been reinstated
pursuant to Section 11522 of the Government Code by the
department.

(b) If an application for a license indicates, or the department
determines during the application review process, that the begin delete home
care organization end delete applicant had previously applied for a license
pursuant to any of the chapters listed in paragraph (1) of
subdivision (a) and the application was denied within the last year,
the department shall cease further review of the application until
one year has elapsed from the date of the denial letter. In those
circumstances in which denials are appealed and upheld at an
administrative hearing, review of the application shall cease for
one year from the date of the decision and order of the department.

(c) If an application for a license indicates, or the department
determines during the application review process, that the begin delete home
care organization end delete applicant had previously applied for a certificate
of approval with a foster family agency and the department ordered
the foster family agency to deny the application pursuant to
subdivision (b) of Section 1534, the department shall cease further
review of the application as follows:

(1) In cases where the begin delete home care organization end delete applicant
petitioned for a hearing, the department shall cease further review
of the application until one year has elapsed from the effective
date of the decision and order of the department upholding the
denial.

(2) In cases where the department informed the begin delete home care
organization end delete applicant of his or her right to petition for a hearing
and the begin delete home care organization end delete applicant did not petition for a
hearing, the department shall cease further review of the application
until one year has elapsed from the date of the notification of the
denial and the right to petition for a hearing.

(3) The department may continue to review the application if
it has determined that the reasons for the denial of the application
were due to circumstances and conditions that either have been
corrected or are no longer in existence.

(d) Cessation of review pursuant to this section does not
constitute a denial of the application.

SEC. 14.  

Section 1796.41 of the Health and Safety Code is
amended to read:

1796.41.  

(a) (1) If the department determines that a person
was issued a license pursuant to this chapter or Chapter 1
(commencing with Section 1200), Chapter 2 (commencing with
Section 1250), Chapter 3 (commencing with Section 1500), Chapter
3.01 (commencing with Section 1568.01), Chapter 3.2
(commencing with Section 1569), Chapter 3.4 (commencing with
Section 1596.70), Chapter 3.5 (commencing with Section 1596.90),
Chapter 3.6 (commencing with Section 1597.30), or Chapter 3.65
(commencing with Section 1597.70), and the prior license was
revoked within the preceding two years, the department shall
exclude the person from acting as, and require the home care
organization begin insert or home care aide domestic referral agency end insert to remove
him or her from his or her position as, a member of the board of
directors, an executive director, or an officer of a licensee of begin delete any end delete
begin insert a end insert home care begin delete organizations end delete begin insert organization or a home care aide
domestic referral agency end insert licensed by the department pursuant to
this chapter.

(2) If the department determines that a person was previously
issued a certificate of approval by a foster family agency that was
revoked by the department pursuant to subdivision (b) of Section
1534 within the preceding two years, the department shall exclude
the person from acting as, and require the home care organization
begin insert or home care aide domestic referral agency end insert to remove him or her
from his or her position as, a member of the board of directors, an
executive director, or an officer of a licensee of, begin delete any end delete begin insert a end insert home care
begin delete organizations end delete begin insert organization or home care aide domestic referral
agency end insert licensed by the department pursuant to this chapter.

(b) If the department determines that the person had previously
applied for a license under any of the chapters listed in paragraph
(1) of subdivision (a) and the application was denied within the
last year, the department shall exclude the person from acting as,
and require the home care organization begin insert or home care aide domestic
referral agency end insert to remove him or her from his or her position as,
a member of the board of directors, an executive director, or an
officer of a licensee of begin delete any end delete begin insert a end insert home care begin delete organizations end delete begin insert organization
or home care aide domestic referral agency end insert licensed by the
department pursuant to this chapter as follows:

(1) In cases in which the home care organization applicant begin insert or
home care aide domestic referral agency applicant end insert petitioned for
a hearing, the department shall exclude the person from acting as,
and require the home care organization begin insert or home care aide domestic
referral agency end insert to remove him or her from his or her position as,
a member of the board of directors, an executive director, or an
officer of a licensee of, begin delete any end delete begin insert a end insert home care begin delete organizations end delete begin insert organization
or home care aide domestic referral agency end insert licensed by the
department pursuant to this chapter until one year has elapsed from
the effective date of the decision and order of the department
upholding a denial.

(2) In cases in which the department informed the home care
organization applicant begin insert or home care aide domestic referral agency
applicant end insert of his or her right to petition for a hearing and the home
care organization applicant begin insert or home care aide domestic referral
agency applicant end insert did not petition for a hearing, the department
shall exclude the person from acting as, and require the home care
organization begin insert or home care aide domestic referral agency end insert to remove
him or her from his or her position as, a member of the board of
directors, an executive director, or an officer of a licensee of, begin delete any end delete
begin insert a end insert home care begin delete organizations end delete begin insert organization or home care aide domestic
referral agency end insert licensed by the department pursuant to this chapter
until one year has elapsed from the date of the notification of the
denial and the right to petition for a hearing.

(c) If the department determines that the person had previously
applied for a certificate of approval with a foster family agency
and the department ordered the foster family agency to deny the
application pursuant to subdivision (b) of Section 1534, the
department shall exclude the person from acting as, and require
the home care organization begin insert or home care aide domestic referral
agency end insert to remove him or her from his or her position as, a member
of the board of directors, an executive director, or an officer of a
licensee of, begin delete any end delete begin insert a end insert home care begin delete organizations end delete begin insert or home care aide
domestic referral agency end insert licensed by the department pursuant to
this chapter and as follows:

(1)  begin delete In cases in which end delete begin insert If end insert begin insert end insert the home care organization applicant begin insert or
home care aide domestic referral agency applicant end insert petitioned for
a hearing, the department shall exclude the person from acting as,
and require the home care organization begin insert or home care aide domestic
referral agency end insert to remove him or her from his or her position as,
a member of the board of directors, an executive director, or an
officer of a licensee of, begin delete any end delete begin insert a end insert home care begin delete organizations end delete begin insert organization
or home care aide domestic referral agency end insert licensed by the
department pursuant to this chapter until one year has elapsed from
the effective date of the decision and order of the department
upholding a denial.

(2)  begin delete In cases in which end delete begin insert If end insert the department informed the home care
organization applicant begin insert or home care aide domestic referral agency
applicant end insert of his or her right to petition for a hearing and the home
care organization applicant begin insert or home care aide domestic referral
agency applicant end insert did not petition for a hearing, the department
shall exclude the person from acting as, and require the home care
organization begin insert or home care aide domestic referral agency end insert to remove
him or her from his or her position as, a member of the board of
directors, an executive director, or an officer of a licensee of, begin delete any end delete
begin insert a end insert home care begin delete organizations end delete begin insert organization or home care aide domestic
referral agency end insert licensed by the department pursuant to this chapter
until one year has elapsed from the date of the notification of the
denial and the right to petition for a hearing.

(d) Exclusion or removal of an individual pursuant to this section
shall not be considered an order of exclusion for purposes of
Section 1796.25 or any other law.

(e) The department may determine not to exclude a person from
acting, or require that he or she be removed from his or her
position, as a member of the board of directors, an executive
director, or an officer of a licensee of, begin delete any end delete begin insert a end insert home care
begin delete organizations end delete begin insert organization or home care aide domestic referral
agency end insert licensed by the department pursuant to this chapter if it
has been determined that the reasons for the denial of the
application or revocation of the facility license or certificate of
approval were due to circumstances or conditions that either have
been corrected or are no longer in existence.

SEC. 15.  

Section 1796.42 of the Health and Safety Code is
amended to read:

1796.42.  

begin insert (a) end insert begin insert   end insert A home care organization licensee begin insert and a home
care domestic referral agency licensee end insert shall do all of the following:

begin delete

(a)

end delete

begin insert (1) end insert  Post its license, business hours, and any other information
required by the department in its place of business in a conspicuous
location, visible both to clients and begin delete affiliated end delete begin insert registered end insert home care
aides.

begin insert

(2) Report any suspected or known dependent adult or elder
abuse as required by Section 15630 of the Welfare and Institutions
Code and suspected or known child abuse as required by Article
2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of
Part 4 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.

end insert begin insert

(b) In addition to the requirements of subdivision (a), a home
care organization licensee shall do all of the following:

end insert begin delete

(b)

end delete

begin insert (1) end insert  Maintain and abide by a valid workers’ compensation policy
covering its affiliated home care aides.

begin delete

(c)

end delete

begin insert (2) end insert  Maintain and abide by an employee dishonesty bond,
including third-party coverage, with a minimum limit of ten
thousand dollars ($10,000).

begin delete

(d)

end delete

begin insert (3) end insert  Maintain 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.

begin delete

(e)

end delete

begin insert (4) end insert  Report any suspected or known dependent adult or elder
abuse as required by Section 15630 of the Welfare and Institutions
Code and suspected or known child abuse as required by begin delete Sections
11164 to 11174.3, inclusive, end delete begin insert Article 2.5 (commencing with Section
11164) end insert of begin insert Chapter 2 of Title 1 of Part 4 of end insert the Penal Code. A copy
of each suspected abuse report shall be maintained and available
for review by the department during normal business hours.

begin insert

(c) In addition to the requirements of subdivision (a), a home
care aide domestic referral agency licensee shall do all of the
following:

end insert begin insert

(1) Comply with the bond requirements included in Section
1812.503 of the Civil Code.

end insert begin insert

(2) Orally communicate to the person seeking home care aide
services the disclosure set forth in this paragraph prior to the
referral of the home care aide:

end insert
begin insert end insert
begin insert

“(Name of the home care aide domestic referral agency) is not
the employer of the domestic worker that it referred to you.
Depending on your arrangement with the domestic worker, you
may have employer responsibilities.”

end insert
begin insert end insert
begin insert

(3) Within three business days after the home care aide domestic
referral agency refers a registered home care aide to the person
seeking home care aide services, mail to the person seeking
services the following statement printed in not less than 10-point
type and in bold or italic:

end insert
begin insert end insert
begin insert

“(Name of the home care aide domestic referral agency) is not
the employer of the domestic worker it referred to you. The
domestic worker may be your employee or an independent
contractor depending on the relationship you have with him or
her. If you direct and control the manner and means by which the
domestic worker performs his or her work, you may have employer
responsibilities, including employment taxes and workers’
compensation, under state and federal law. For additional
information contact your local Employment Development
Department office and the federal Internal Revenue Service. You
may contact the Employment Development Department at
800-300-5616 or www.edd.ca.gov. You may contact the federal
Internal Revenue Service at 1-800-829-3676 or www.irs.gov.

end insert begin insert

If an employment relationship is established between you and a
home care aide referred to you by (name of home care aide
domestic referral agency) you must register with the Employment
Development Department as a household employer within 15 days
after you have paid seven hundred fifty dollars ($750) or more in
total cash wages in a calendar quarter to the home care aide. To
assist you, you may request, in writing, that (name of home care
aide domestic referral agency) provide you with a statement of
payments made on your behalf through the home care aide
domestic referral agency’s designated trust account. (Name of
home care aide domestic referral agency) is a referral agency and
does not employ, control, or train any home care aide it refers.”

end insert
begin insert end insert
begin insert

(4) A home care aide domestic referral agency shall mail to a
client who has not terminated referral services within 14 business
days following mailing of the client disclosure pursuant to
paragraph (3) the following statement printed in not less than
10-point type and in bold or italic:

end insert
begin insert end insert
begin insert

“(Name of the home care aide domestic referral agency) is not
the employer of the domestic worker it referred to you. (Name of
home care aide domestic referral agency) is a referral agency and
does not employ, control, or train any home care aide it refers.
The domestic worker may be your employee or an independent
contractor depending on the relationship you have with him or
her. If you direct and control the manner and means by which the
domestic worker performs his or her work, you may have employer
responsibilities, including employment taxes and workers’
compensation, under state and federal law. For additional
information contact your local Employment Development
Department office and the federal Internal Revenue Service. You
may contact the Employment Development Department at
800-300-5616 or www.edd.ca.gov. You may contact the federal
Internal Revenue Service at 1-800-829-3676 or www.irs.gov.

end insert begin insert

If an employment relationship is established between you and
a home care aide referred to you by (name of home care aide
domestic referral agency) you must register with the Employment
Development Department as a household employer within 15 days
after you have paid seven hundred fifty dollars ($750) or more in
total cash wages in a calendar quarter to the a home care aide.
To assist you, you may request, in writing, that (name of home
care aide domestic referral agency) provide you with a statement
of payments made on your behalf through the home care aide
domestic referral agency’s designated trust account.”

end insert
begin insert end insert
begin insert

(5) In any paid advertising brochure or the home care aide
domestic referral agency’s Internet Web site promoting the home
care aide domestic referral agency’s services, insert the following
statement, in no less than 10-point type and in a color that
contrasts with the background so it is easily legible:

end insert
begin insert end insert
begin insert

“(Name of the home care aide domestic referral agency) is a
referral agency.”

end insert
begin insert end insert
begin insert

(6) Provide, upon receipt of a written request from a client for
whom an independent home care aide provided the client services,
up to three years from the date of the request, a statement of
payments made through the agency’s designated trust account on
behalf of the client to the registered home care aide.

end insert

SEC. 16.  

Section 1796.43 of the Health and Safety Code is
amended to read:

1796.43.  

(a)  begin delete Home end delete begin insert A home end insert care begin delete organizations end delete begin insert organization end insert
that begin delete employ end delete begin insert employs an end insert affiliated home care begin delete aides end delete begin insert aide or a home
care aide domestic referral agency that refers a home care aide end insert
shall ensure the begin delete affiliated end delete home care begin delete aides are end delete begin insert aide is end insert cleared on
the home care aide registry before placing the individual in direct
contact with begin delete clients. end delete begin insert a client. end insert In addition, the home care
organization begin insert or home care aide domestic referral agency end insert shall do
all of the following:

(1) Ensure any staff person, volunteer, or employee begin delete of a home
care organization end delete 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 Sections 1796.23,
1796.24, 1796.25, 1796.26, and 1796.28 before there is contact
with clients or prospective clients or access to confidential client
information.

(2) Require home care aides to demonstrate that they are free
of active tuberculosis disease, pursuant to Section 1796.45.

(3) Immediately notify the department when the home care
organization no longer employs an individual as an affiliated home
care begin delete aide. end delete begin insert aide, or a home care aide domestic referral agency
removes an independent home care aide from its referral list. end insert

(b) This section shall not prevent a licensee from requiring a
criminal record clearance of any individual exempt from the
requirements of this begin delete section, provided that the individual has client
contact. end delete begin insert section. end insert

SEC. 17.  

Section 1796.44 of the Health and Safety Code is
amended to read:

1796.44.  

(a) A licensee shall ensure that prior to providing
home care services, an affiliated home care aide shall complete
the training requirements specified in begin delete this section. end delete begin insert subdivisions (b)
and (c). A home care aide domestic 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). end insert

(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.

begin insert

(d) (1) An independent home care aide who is being referred
by a home care aide domestic referral agency shall do all of the
following:

end insert begin insert

(A) Annually complete a proficiency exam that includes all of
the following topics:

end insert begin insert

(i) Client rights and safety.

end insert begin insert

(ii) Providing and responding to daily living needs.

end insert begin insert

(iii) Detecting, reporting, and preventing abuse and neglect.

end insert begin insert

(iv) Assisting with personal hygiene.

end insert begin insert

(v) Safely transporting clients, if transportation services are
provided by the registered home care aide.

end insert begin insert

(B) Provide verifiable references demonstrating that the home
care aide has the necessary experience to provide home care
services.

end insert begin insert

(2) An independent home care aide who does not complete the
proficiency exam shall not be eligible for referral to a prospective
client.

end insert begin insert

(3) The proficiency exam provided shall include home care
services related topics described in this subdivision and may be
provided through an online proficiency examination or a written
proficiency examination.

end insert begin delete

(d)

end delete

begin insert (e) end insert  The entry-level training and annual training described in
subdivisions (b) and (c) may be completed through an online
training program.

begin insert

(f) A registered home care aide who 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 requirements of subdivisions (c) and (d).

end insert

SEC. 18.  

Section 1796.45 of the Health and Safety Code is
amended to read:

1796.45.  

(a) Affiliated home care aides hired on or after
January 1, 2016, begin insert or a registered home care aide entering into an
agreement with a home care aide domestic referral agency after
January 1, 2017, end insert shall submit to an examination 90 days prior to
begin delete employment, end delete begin insert employment or the effective date of the agreement, end insert
or within seven days after begin delete employment, end delete begin insert employment or the effective
date of the agreement, end insert 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 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 begin delete an
affiliated end delete begin insert a registered end insert home care aide unless the licensee obtains
documentation from a licensed medical professional that there is
no risk of spreading the disease.

(c) After submitting to an examination, begin delete an affiliated end delete begin insert a end insert home
care aide whose test for tuberculosis infection is negative shall be
required to undergo an examination at least once every two years.
Once begin delete an affiliated end delete begin insert a end insert 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.

(d) After each examination, begin delete an affiliated end delete begin insert a end insert home care aide shall
submit, and the home care organization begin insert or home care aide domestic
referral agency end insert shall keep on file, a certificate from the examining
practitioner showing that the begin delete affiliated end delete home care aide was
examined and found free from active tuberculosis disease.

(e) The examination is a condition of initial and continuing
employment with the home care organization. begin insert The examination is
also a condition of a registered home care aide’s initial and
continuing agreement with a home care aide domestic referral
agency. end insert

(f)  begin delete An affiliated end delete begin insert A end insert home care aide who transfers employment
from one home care organization to another begin insert or a registered home
care aide entering into an agreement with a home care aide
domestic referral agency end insert shall be deemed to meet the requirements
of subdivision (a) or (c) if the begin delete affiliated end delete 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 begin insert or by the home care
aide domestic referral agency end insert that begin delete it end delete begin insert previously had an agreement
with him or her that the home care organization or home care aide
domestic referral agency end insert has a certificate on file that contains that
showing and a copy of the certificate is provided to the new home
care organization begin insert or to the home care aide domestic referral agency end insert
prior to the affiliated home care aide beginning begin delete employment. end delete
begin insert employment or prior to a referral of the independent home care
aide by the home care aide domestic referral agency. end insert

SEC. 19.  

Section 1796.47 of the Health and Safety Code is
amended to read:

1796.47.  

(a) (1) Administration of this program shall be fully
supported by fees and not civil penalties. Initial costs to implement
this chapter may be provided through a General Fund loan that is
to be repaid in accordance with a schedule provided by the
Department of Finance. The department shall assess fees for home
care organization begin insert and home care aide domestic referral agency end insert
licensure, and home care aide registration related to activities
authorized by this chapter. The department may adjust fees as
necessary to fully support the administration of this chapter. Except
for General Fund moneys that are otherwise transferred or
appropriated for the initial costs of administering this chapter, or
penalties collected pursuant to this chapter that are appropriated
by the Legislature for the purposes of this chapter, no General
Fund moneys shall be used for any purpose under this chapter.

(2) A portion of moneys collected in the administration of this
chapter, as designated by the department, may be used for
community outreach consistent with this chapter.

(b) The Home Care Fund is hereby created within the State
Treasury for the purpose of this chapter. All licensure and
registration fees authorized by this chapter shall be deposited into
the Home Care Fund, except the fingerprint fees collected pursuant
to Section 1796.23, which shall be deposited into the Fingerprint
Fees Account. Moneys in this fund shall, upon appropriation by
the Legislature, be made available to the department for purposes
of administering this chapter.

(c) Any fines and penalties collected pursuant to this chapter
shall be deposited into the Home Care Technical Assistance Fund,
which is hereby created as a subaccount within the Home Care
Fund. Moneys in the Home Care Technical Assistance Fund shall,
upon appropriation by the Legislature, be available to the
department for the purposes of providing technical assistance,
training, and education pursuant to this chapter.

SEC. 20.  

Section 1796.49 of the Health and Safety Code is
amended to read:

1796.49.  

(a) A begin insert home care organization end insert licensee shall pay the
following fees:

(1) A nonrefundable 24-month initial license fee, as prescribed
by the department, for a licensee not currently licensed to provide
home care services in the state.

(2)  A two-year nonrefundable renewal fee, as determined by
the department, based on the number of full-time equivalents
(FTEs), including paid personnel or contractors needed to oversee
the enforcement of this chapter.

(3) Other reasonable fees as prescribed by the department
necessary for the administration of this chapter.

begin insert

(b) A home care aide domestic referral agency licensee shall
pay the following fees to the department:

end insert begin insert

(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 aide domestic
referral agency licensee not currently licensed to provide home
care services in the state.

end insert begin insert

(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.

end insert begin insert

(3) Other reasonable fees as prescribed by the department
necessary for the administration of this chapter.

end insert begin delete

(b)

end delete

begin insert (c) end insert  The fees collected shall be deposited into the Home Care
Fund pursuant to subdivision (b) of Section 1796.47, except the
fingerprint fees collected pursuant to Section 1796.23, which shall
be deposited into the Fingerprint Fees Account.

SEC. 21.  

Section 1796.51 of the Health and Safety Code is
amended to read:

1796.51.  

begin delete In order to end delete begin insert To end insert carry out the provisions of this chapter,
the department may establish procedures for the receipt,
investigation, and resolution of begin delete complaints end delete begin insert a complaint end insert against begin insert a end insert
home care begin delete organizations. end delete begin insert organization or home care aide domestic
referral agency. end insert

SEC. 22.  

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 begin delete complaints end delete begin insert a complaint end insert filed against begin insert a end insert home
care begin delete organizations end delete begin insert organization or home care aide domestic
referral agency end insert regarding violations of this chapter or any rules
or regulations promulgated pursuant to this chapter.

(b) The department shall verify through random, unannounced
inspections that a home care organization begin insert or home care aide
domestic referral agency end insert meets the requirements of this chapter
and the rules and regulations promulgated pursuant to 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
begin delete organization. A end delete begin insert organization or end insert home care begin insert aide domestic referral
agency. An end insert organization’s begin insert or agency’s end insert refusal to make records,
books, or premises available shall constitute cause for the
revocation of the begin delete home care organization’s end delete begin insert organization’s or
agency’s end insert license.

(d) Other than maintaining the home care registry, the
department shall have no oversight responsibility regarding
registered home care aides.

(e) Upon receipt of a report of suspected or known abuse, as set
forth in subdivision (e) of Section 1796.42, the department shall
cross-report the suspected or known abuse to local law enforcement
and Adult Protective Services if the alleged victim is 18 years of
age or older, or local law enforcement and Child Protective
Services if the alleged victim is under 18 years of age. Other than
the cross-reporting required by this subdivision, the department
shall not be required to investigate suspected or known abuse or
have other responsibilities related to the suspected or known abuse.
This subdivision shall not supersede the existing duty of home
health aides and home health agencies as mandated reporters to
report directly to local law enforcement or county adult protective
services pursuant to Section 15630.

SEC. 23.  

Section 1796.55 of the Health and Safety Code is
amended to read:

1796.55.  

(a) A home care organization begin insert or home care aide
domestic referral agency end insert that operates in violation of any
requirement or obligation imposed by this chapter or any rule or
regulation promulgated pursuant to 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 begin insert or home care aide domestic referral agency end insert is in
violation of this chapter or any rules or regulations promulgated
pursuant to 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 pursuant to 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 pursuant to 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.

(d) The department shall adopt regulations establishing
procedures for notices, correction plans, appeals, and hearings.

SEC. 24.  

Section 1796.61 of the Health and Safety Code is
amended to read:

1796.61.  

(a)  This chapter shall be implemented on January
1, 2016.

(b)  Home care organization applicants and home care aide
applicants who submit applications prior to January 1, 2016, shall
be authorized to provide home care services without meeting the
requirements of Section 1796.45, provided the requirements of
that section are met no later than July 1, 2016.

(c)  The applicants described in subdivision (b) shall meet all
the requirements of this chapter no later than July 1, 2016, in order
to continue to provide home care services.

begin insert

(d) A home care aide domestic referral agency applicant who
submits an application prior to January 1, 2017, shall be
authorized to provide home care services without meeting the
requirement of Section 1796.45, provided the requirements of that
section are met no later than July 1, 2017.

end insert begin insert

(e) An applicant described in subdivision (d) shall meet all the
requirements of this chapter no later than July 1, 2017, in order
to continue to provide home care services.

end insert

SEC. 25.  

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.