Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1863

Introduced by Assembly Member Jones

February 19, 2014

An act to amend Sections begin delete 1796.22, 1796.33, 1796.38, and 1796.63 of end delete begin insert 1796.12, 1796.14, 1796.22, 1796.29, 1796.33, 1796.34, 1796.35, 1796.37, 1796.38, 1796.39, 1796.41, 1796.42, 1796.44, 1796.45, 1796.51, 1796.52, 1796.53, 1796.55, 1796.61, and 1769.63 of, and to add Sections 1796.18, 1796.40, and 1796.50 to, end insert 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. begin insert Violation of the act is a misdemeanor. end insert 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 begin insert , commencing January 1, 2016, would make the provisions of the act applicable to home care referral agencies, as defined, including licensure, fees, enforcement and fines, and regulation of registered home care aides having agreements with those agencies. By expanding the scope of a crime, this bill would impose a state-mandated local program. The bill end insert would authorize any individual that possesses either a valid Alien Registration Receipt Card or valid Permanent Resident Card to initiate a background examination to be either a registered home care aide or to be a licensed home care organization.

Existing law requires the State Department of Social Services to post any proposed regulations promulgated for purposes of implementing the act on its public Internet Web site no earlier than 10 calendar days prior to the effective date of the proposed rule, as specified.

This bill would instead require the State Department of Social Services to post any proposed regulations promulgated on its public Internet Web site no later than 90 calendar days prior to the effective date of the proposed rule, as specified.

This bill would also correct an erroneous cross-reference.

begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1796.12 of the end insert begin insert Health and Safety Code end insert
begin insert is amended to read: end insert

1796.12.  

For purposes of this chapter, the following definitions
shall apply:

(a) “Affiliated home care aide” means an individual, 18 years
of age or older, who is employed by a home care organization to
provide home care services to a client and is listed on the home
care aide registry.

(b) “Child” or “children” means an individual or individuals
under 18 years of age.

(c) “Client” means an individual who receives home care
services from a registered home care aide.

(d) “Department” means the State Department of Social
Services.

(e) “Director” means the Director of Social Services.

(f) “Family member” means any spouse, by marriage or
otherwise, child or stepchild, by natural birth or by adoption,
parent, brother, sister, half-brother, half-sister, parent-in-law,
brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first
cousin, or any person denoted by the prefix “grand” or “great,” or
the spouse of any of these persons, even if the marriage has been
terminated by death or dissolution.

(g) “Home care aide applicant” means an individual, 18 years
of age or older, who is requesting to become an registered home
care aide and the department has received and is processing the
individual’s complete home care aide application and fees.

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

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

(j) “Home care organization” means an individual, 18 years of
age or older, firm, partnership, corporation, limited liability
company, joint venture, association, or other entity that arranges
for home care services by an affiliated home care aide to a client,
and is licensed pursuant to this chapter.

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

(l) “Home care organization licensee” means an individual, 18
years of age or older, firm, partnership, corporation, limited liability
company, joint venture, association, or other entity having the
authority and responsibility for the operation of a licensed home
care organization.

begin insert

(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.

end insert begin insert

(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.

end insert begin insert

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

end insert begin insert

(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.

end insert begin delete

(m)

end delete

begin insert (q) 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 insert

(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.

end insert begin delete

(n)

end delete

begin insert (s) end insert  “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.

begin delete

(o) “Independent home care aide” means an individual, 18 years
of age or older, who is not employed by a home care organization,
but who is listed on the home care aide registry and is providing
home care services through a direct agreement with a client.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1796.14 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.14.  

(a) Individuals who are not employed by a home care
organization but who provide home care services to a client may
be listed on the home care aide registry.

(b) An affiliated home care aide shall be listed on the home care
aide registry prior to providing home care services to a client. begin insert A
home care aide shall be listed on the registry prior to being
referred by a home care referral agency to a client. end insert

(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.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 1796.18 is added to the end insert begin insert Health and Safety
Code end insert begin insert , end insert immediately following Section 1796.17 begin insert , to read: end insert

begin insert

begin insert 1796.18. end insert   

(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.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 4. end insert   

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.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 1796.29 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.29.  

The department shall do both of the following in the
administration of the home care aide registry:

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

(1) To expedite the ability of a consumer to search and locate
a registered home care aide or home care aide applicant, the
Internet Web site shall enable consumers to look up the registration
status by providing the registered home care aide’s or home care
aide applicant’s name, registration number, registration status, and
registration expiration date.

(2) The Internet Web site shall not provide any additional,
individually identifiable information about a registered home care
aide or home care aide applicant. The department may request and
may maintain additional information for registered home care aides
or home care aide applicants, as necessary for the administration
of this chapter, which shall not be publicly available on the home
care aide registry.

(b) Update the home care registry upon receiving notification
from a home care organization that an affiliated home care aide is
no longer employed by the home care organization.

begin insert

(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.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 6. end insert   

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

1796.33.  

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
organization begin insert or a licensed home care 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 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.

begin insert

begin insert SEC. 7. end insert   

end insert

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

1796.34.  

begin insert (a) end insert begin insert   end insert In order to obtain a home care organization license
begin insert or a home care referral agency license end insert , 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 or owners of the begin delete home care organization end delete
begin insert applicant end insert , if the owners are individuals.

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 interest
in that entity.

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 as a home care referral agency pursuant to subdivision
(h) of Section 1522. The person shall, instead, submit to the
department, along with the person’s application, a copy of his or
her identification card, as required pursuant to Section 1796.33,
and a signed declaration verifying the person’s identity.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 1796.35 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

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 begin delete (b) end delete begin insert (c) end insert , shall not do any
of the following, unless it is begin insert a end insert licensed begin insert home care organization end insert
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.

begin insert

(b) A person or a private or public organization, with the
exception of a county providing in-home supportive services
pursuant to Article 7 (commencing with Section 12300) of Chapter
3 of Part 3 of Division 9 of the Welfare and Institutions Code, and
the exceptions provided for in subdivision (c), shall not do any of
the following, unless it is a licensed home care referral agency
under this chapter:

end insert begin insert

(1) Represent himself, herself, or itself to be a home care referral
agency by name, advertising, soliciting, or any other presentment
to the public, or in the context of services within the scope of this
chapter, imply that he, she, or it is licensed to provide those
services or to make any reference to employment agency or
bonding in relation to those services.

end insert begin insert

(2) Use the terms “home care referral agency,” “home care
agency,” “home care,” “in-home care,” or any combination of
those terms, within its name.

end insert begin delete

(b)

end delete

begin insert (c) end insert   begin insert (1) end insert begin insert   end insert This section does not apply to begin delete either of the following: end delete

begin delete (1) end delete begin delete   end delete begin delete A end delete begin insert a end insert 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.

begin delete

(2) An employment agency, as defined in Section 1812.5095
of the Civil Code, that procures, offers, refers, provides, or attempts
to provide an affiliated home care aide who provides home care
to clients.

end delete begin insert

(2) Subdivision (a) does not apply to a home care referral
agency.

end insert begin insert

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

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

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

1796.37.  

(a) A home care organization begin insert or home care 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 licensing agency.

(b) If the home care organization begin insert or home care 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
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 licensing agency.

begin delete SEC. 3. end delete
begin insert SEC. 10. end insert   

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

1796.38.  

begin insert (a) end insert begin insert   end insert The department begin delete may end delete begin insert shall end insert 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:

begin delete

(a)

end delete

begin insert (1) end insert  Files a home care organization application, including the
fees required pursuant to Section 1796.49.

begin delete

(b)

end delete

begin insert (2) end insert  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.

begin delete

(c)

end delete

begin insert (3) end insert  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.

begin delete

(d)

end delete

begin insert (4) end insert  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.

begin delete

(e)

end delete

begin insert (5) end insert  The owner or owners of the home care organization pass a
background examination, as required pursuant to Section 1796.34.

begin delete

(f)

end delete

begin insert (6) end insert  The applicant does not have any outstanding fees or civil
penalties due to the department.

begin insert

(b) The department shall issue a home care referral agency
license to a home care referral agency applicant that satisfies the
requirements set forth in this chapter, including all of the
following:

end insert begin insert

(1) Files a complete home care referral agency application,
including the fees required pursuant to Section 1796.50.

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) The owner or owners of the home care referral agency pass
a background examination, as required pursuant to Section
1796.34.

end insert begin insert

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

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 1796.39 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.39.  

(a) A begin delete home care organization end delete licensee shall renew
the home care organization license begin insert or home care referral license end insert
every two years.

(b) Renewal shall be conditioned upon the licensee doing both
of the following:

(1) Submitting a complete begin delete home care organization licensee end delete
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 begin delete home care organization licenses end delete renewal process.

(c) Failure of the begin delete home care organization end delete licensee to cooperate
may result in the withdrawal of the begin delete home care organization end delete 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.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 1796.40 is added to the end insert begin insert Health and Safety
Code end insert begin insert , end insert immediately following Section 1796.39 begin insert , to read: end insert

begin insert

begin insert 1796.40. end insert   

(a) A home care referral agency shall be separately
licensed.

(b) Nothing in this chapter shall prevent a licensee from
obtaining more than one home care referral agency license or
obtaining a home care referral agency license in addition to other
licenses issued by the department, or both.

end insert

begin insert

begin insert SEC. 13. end insert   

end insert

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

1796.41.  

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

begin delete

(a)

end delete

begin insert (1) end insert  Post its license and business hours in its place of business
in a conspicuous location, visible both to clients and affiliated
home care aides.

begin delete

(b) Maintain and abide by a valid workers’ compensation policy
covering its affiliated home care aides.

end delete begin delete

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

end delete begin delete

(d)

end delete

begin insert (2) end insert  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.

begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

(c) In addition to the requirements of subdivision (a), a home
care referral agency shall comply with the bond requirements
included in Section 1812.503 of the Civil Code.

end insert

begin insert

begin insert SEC. 14. end insert   

end insert

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

1796.42.  

(a) Home care organizations that employ affiliated
home care aides begin insert and home care referral agencies that refer
registered home care aides end insert shall ensure the begin delete affiliated end delete 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 begin insert or home care 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 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)  begin delete Immediately end delete begin insert A home care organization shall immediately end insert
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.

begin insert

begin insert SEC. 15. end insert   

end insert

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

1796.44.  

(a) A home care organization licensee shall ensure
that begin insert , end insert 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 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) A registered home care aide who is being referred by a home
care referral agency shall complete a proficiency exam that
includes all of the following topics:

end insert begin insert

(1) Clients’ rights and safety.

end insert begin insert

(2) Activities of daily living, including how to provide for and
respond to a client’s daily needs.

end insert begin insert

(3) How to detect, report, and prevent abuse and neglect.

end insert begin insert

(4) Assisting clients with personal hygiene.

end insert begin insert

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

end insert begin insert

(6) Infection control.

end insert begin insert

(7) Basic safety precautions.

end insert begin delete

(d)

end delete

begin insert (e) end insert  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.

begin insert

(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.

end insert begin insert

(g) A registered home care aide who possessed a valid
certification from the State Department of Public Health as a
Certified Nurse Assistant or Certified Home Health Aide is exempt
from the examination requirement of subdivision (d).

end insert

begin insert

begin insert SEC. 16. end insert   

end insert

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

1796.45.  

(a) An individual hired to be an affiliated home care
aide on or after January 1, 2015, begin insert or a registered home care aide
entering into an agreement with a home care referral agency after
January 1, 2016, end insert shall be submitted to an examination 90 days
prior to employment begin insert or the effective date of the agreement end insert or within
seven days after employment begin insert 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 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 begin delete an end delete begin insert a
registered or end insert 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, begin delete an end delete begin insert a registered or end insert
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 begin delete an end delete begin insert a registered or end insert 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, begin delete an end delete begin insert a registered or end insert affiliated home
care aide shall submit, and the home care organization begin insert or home
care referral agency end insert shall keep on file, a certificate from the
examining practitioner showing that the begin insert registered or end insert 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. begin insert The examination is
also a condition of a registered home care aide’s initial and
continuing agreement with a home care referral agency. end insert The
begin insert registered or end insert affiliated home care aide shall pay the cost of the
examination.

(g)  begin delete An end delete begin insert A registered or end insert affiliated 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 referral agency end insert shall be deemed to meet the requirements of
subdivision (a) or (c) if the begin insert registered or end insert 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 begin insert or by the home care
referral agency that previously had an agreement with him or her end insert
that begin delete it end delete begin insert the home care organization or home care referral agency end insert
has a certificate on file that contains that showing.

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 1796.50 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 1796.50. end insert   

(a) A home care referral agency licensee shall pay
the following fees:

(1) A 24-month initial license fee, as prescribed by the
department in an amount sufficient to cover the reasonable costs
of administering the program, for a new home care referral agency
licensee not currently licensed to provide home care services in
the state.

(2) A two-year renewal fee, as determined by the department
in an amount sufficient to cover the reasonable costs of
administering the program, based on the number of office locations
operated by the licensee providing registered home care aides to
clients.

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

(b) The fees collected shall be deposited into the Home Care
Fund pursuant to subdivision (b) of Section 1796.47.

end insert

begin insert

begin insert SEC. 18. end insert   

end insert

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

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 begin insert and home care referral agencies end insert .

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 1796.52 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.52.  

(a) The department may review and, if it determines
necessary, investigate complaints filed against home care
organizations begin insert or home care referral agencies end insert 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 begin insert or home care referral
agency end insert 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 begin insert or home care referral agency end insert . A home care
begin delete organization’s end delete begin insert organization or home care referral agency’s end insert refusal
to make records, books, or premises available shall constitute cause
for the revocation of the home care begin delete organization’s end delete begin insert organization
or home care referral 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.

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 1796.53 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1796.53.  

A duly authorized officer, employee, or agent of the
department may, upon presentation of proper identification, enter
a home care organization begin insert or home care referral agency end insert 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.

begin insert

begin insert SEC. 21. end insert   

end insert

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

1796.55.  

(a) A home care organization begin insert or home care referral
agency end insert 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 begin insert or home care referral agency end insert 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.

begin insert

begin insert SEC. 22. end insert   

end insert

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

1796.61.  

begin delete This end delete begin insert (a) end insert begin insert   end insert begin insert The provisions of this end insert chapter begin insert that apply to
registered and affiliated home care aides and to home care
organizations end insert shall become operative on January 1, 2015.

begin insert

(b) (1) The provisions of this chapter that apply to home care
referral agencies shall become operative on January 1, 2016.

end insert begin insert

(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.

end insert begin insert

(3) The applicant described in paragraph (2) shall meet all the
requirements of this chapter no later than July 1, 2016.

end insert

begin delete SEC. 4. end delete
begin insert SEC. 23. end insert   

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.

begin insert

begin insert SEC. 24. end insert   

end insert begin insert

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.

end insert