Amended in Senate June 16, 2014

Amended in Assembly May 7, 2014

Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1863

Introduced by Assembly Member Jones

( begin delete Coauthor: end delete begin insert Coauthors: end insert Assembly begin delete Member end delete begin insert Members Ian end insert begin insert  Calderon, end insert Cooley begin insert , Hall, and Lowenthal end insert )

February 19, 2014

An act to amend Sections 1796.12, 1796.14, 1796.17, 1796.22, 1796.29, 1796.33, 1796.34, 1796.35, 1796.37, 1796.38, 1796.39, 1796.41, 1796.42, 1796.44, 1796.45, 1796.51, 1796.52, 1796.53, 1796.55, 1796.61, and 1769.63 of, begin insert to amend the heading of Article 8 (commencing with Section 1796.44) of Chapter 13 of Division 2 of, end insert and to add Sections 1796.40 and 1796.50 to, the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL’S DIGEST

AB 1863, as amended, Jones. Home Care Services Consumer Protection Act.

Existing law establishes the Home Care Services Consumer Protection Act (the act), which provides, on and after January 1, 2015, for the licensure and regulation of home care organizations, as defined, by the State Department of Social Services, and for the registration of home care aides. Violation of the act is a misdemeanor. Existing law requires background clearances for home care aides and home care organizations, as specified. Existing law authorizes any individual that possesses, among other things, a valid Alien Registration Card, and who has submitted an application, to initiate a background examination to be either a registered home care aide or to be a licensed home care organization.

This bill, commencing January 1, 2016, would make the provisions of the act applicable to domestic home care aide referral organizations, as defined, including licensure, fees, enforcement and fines, and regulation of registered home care aides having agreements with those organizations. By expanding the scope of a crime, this bill would impose a state-mandated local program. begin insert The bill would require a domestic home care aide referral organization 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. end insert The bill would authorize any individual that possesses either a valid Alien Registration Receipt Card or valid Permanent Resident Card to initiate a background examination to be either a registered home care aide or to be a licensed home care organization or a domestic home care aide referral organization.

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

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

This bill would also correct an erroneous cross-reference.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

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

1796.12.  

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

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

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

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

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

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

(f) “Domestic home care aide referral organization” means an
employment agency, as defined in Section 1812.5095 of the Civil
Code that begin delete provides referrals home care services provided by a
registered home care aide to a client, end delete begin insert offers, refers, provides, or
attempts to provide work for an independent home care aide who
is providing home care services end insert and is licensed pursuant to this
chapter.

(g) “Domestic home care aide referral organization applicant”
means an individual, 18 years of age or older, or a firm, partnership,
corporation, limited liability company, joint venture, association,
or other entity that is requesting to become a domestic home care
aide referral organization licensee and the department has received
and is processing the complete domestic home care aide referral
organization application and nonrefundable application fee.

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

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

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

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

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

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

end insert

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

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

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

(q) “Home care services” means nonmedical services and
assistance provided by a registered home care aide to a client who,
because of advanced age or physical or mental disability, cannot
perform these services. These services enable the client to remain
in his or her residence and include, but are not limited to, assistance
with the following: bathing, dressing, feeding, exercising, personal
hygiene and grooming, transferring, ambulating, positioning,
toileting and incontinence care, assisting with medication that the
client self-administers, housekeeping, meal planning and
preparation, laundry, transportation, correspondence, making
telephone calls, shopping for personal care items or groceries, and
companionship. This subdivision shall not authorize a registered
home care aide to assist with medication that the client
self-administers that would otherwise require administration or
oversight by a licensed health care professional.

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

(s) “Registered home care aide” means an affiliated home care
aide or independent home care aide, 18 years of age or older, who
is listed on the home care aide registry. A registered home care
aide may work as an affiliated home care aide and as an
independent home care begin delete aide, but not at the same time end delete begin insert aide 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 domestic home care referral
organization 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 begin delete and independent home care
aide end delete shall be listed on the home care aide registry prior to providing
home care services to a client begin insert through a home care organization end insert .
begin delete A end delete begin insert An independent end insert home care aide shall be listed on the registry
prior to being referred by a home care referral begin delete agency end delete begin insert organization end insert
to a client.

(c) An individual providing home care services to a child is
exempt from any requirement to be listed on the home care aide
registry if the individual is one of the following:

(1) A family member of the child.

(2) A guardian of the child.

(3) A conservator of the child.

(4) A foster parent of the child, in a foster family home, as
defined in paragraph (5) of subdivision (a) of Section 1502, or a
certified family home, as defined in subdivision (d) of Section
1506.

(5) Nonrelative extended family member, as defined in Section
362.7 of the Welfare and Institutions Code.

(6) Providing home care services in a facility in which only
Indian children who are eligible under the federal Indian Child
Welfare Act (25 U.S.C. 1901 et seq.) are placed and is one of the
following:

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

(B) A foster home that is licensed, approved, or specified by
the Indian child’s tribe pursuant to Section 1915 of Title 25 of the
United States Code.

(7) Providing home care services as part of his or her job duties
through one of the following entities:

(A) A home health agency licensed under Chapter 8
(commencing with Section 1725).

(B) A hospice licensed under Chapter 8.5 (commencing with
Section 1745).

(C) A health facility licensed under Chapter 2 (commencing
with Section 1250).

(D) Any clinic licensed under Sections 1204 or 1204.1.

(E) A county providing in-home supportive services pursuant
to Article 7 (commencing with Section 12300) of Chapter 3 of
Part 3 of Division 9 of the Welfare and Institutions Code, without
regard to whether the county provides these services as a public
authority or through a nonprofit consortium established pursuant
to Section 12301.6 of the Welfare and Institutions Code.

(F) A home medical device retail facility licensed under Section
111656.

(G) An organization vendored or contracted through a regional
center or the State Department of Developmental Services pursuant
to the Lanterman Developmental Disabilities Services Act
(Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code) and the California Early Intervention Services
Act (Title 14 (commencing with Section 95000) of the Government
Code) to provide services and supports for persons with
developmental disabilities, as defined in Section 4512 of the
Welfare and Institutions Code, when funding for those services is
provided through the State Department of Developmental Services
and more than 50 percent of the recipients of the home care services
provided by the organization are persons with developmental
disabilities.

(H) A community care facility as licensed under Chapter 3
(commencing with Section 1500), a residential care facility for
persons with special health care needs licensed under Chapter 3.01
(commencing with Section 1568.01), a residential care facility for
the elderly licensed under Chapter 3.2 (commencing with Section
1569), or a child day care licensed under Chapter 3.4 (commencing
with Section 1596.70).

(I) Any alcoholism or drug abuse recovery or treatment facility
as defined by Section 11834.02.

(J) Any other entity providing services similar to those described
in this paragraph, as determined by the director.

(8) Providing services authorized pursuant to Section 2731 of
the Business and Professions Code.

(d) (1) Home care aides shall not include individuals who are
providing home care services as part of their job duties through
one of the following entities:

(A) Services authorized to be provided by a licensed home
health agency under Chapter 8 (commencing with Section 1725).

(B) Services authorized to be provided by a licensed hospice
pursuant to Chapter 8.5 (commencing with Section 1745).

(C) Services authorized to be provided by a licensed health
facility pursuant to Chapter 2 (commencing with Section 1250).

(D) In-home supportive services provided pursuant to Article
7 (commencing with Section 12300) of Chapter 3 of Part 3 of
Division 9 of the Welfare and Institutions Code.

(E) Services authorized to be provided by one of the following:

(i) A licensed residential care facility for the elderly pursuant
to Chapter 3.2 (commencing with Section 1569).

(ii) A licensed community care facility pursuant to Chapter 3
(commencing with Section 1500).

(iii) A licensed residential care facility for persons with chronic
life-threatening illness pursuant to Chapter 3.01 (commencing with
Section 1568.01).

(iv) A licensed facility, pursuant to the California Child Day
Care Act (Chapter 3.4 (commencing with Section 1596.70)), which
includes day care centers under Chapter 3.5 (commencing with
Section 1596.90) and family day care homes under to Chapter 3.6
(commencing with Section 1597.30).

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

SEC. 3.  

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

1796.17.  

A home care organization or a domestic home care
aide referral organization shall not include the following:

(a) A home health agency licensed under Chapter 8
(commencing with Section 1725).

(b) A hospice licensed under Chapter 8.5 (commencing with
Section 1745).

(c) A health facility licensed under Chapter 2 (commencing
with Section 1250).

(d) A county providing in-home supportive services pursuant
to Article 7 (commencing with Section 12300) of Chapter 3 of
Part 3 of Division 9 of the Welfare and Institutions Code, without
regard to whether the county provides these services as a public
authority or through a nonprofit consortium established pursuant
to Section 12301.6 of the Welfare and Institutions Code.

(e) A home medical device retail facility licensed under Section
111656.

(f) An organization vendored or contracted through a regional
center or the State Department of Developmental Services pursuant
to the Lanterman Developmental Disabilities Services Act
(Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code) and the California Early Intervention Services
Act (Title 14 (commencing with Section 95000) of the Government
Code) to provide services and supports for persons with
developmental disabilities, as defined in Section 4512 of the
Welfare and Institutions Code, when funding for those services is
provided through the State Department of Developmental Services
and more than 50 percent of the recipients of the home care services
provided by the organization are persons with developmental
disabilities.

(g) An employment agency, as defined in Section 1812.5095
of the Civil Code, that procures, offers, refers, provides, or attempts
to provide begin delete an independent home care aide who provides home care
services clients end delete begin insert a domestic worker end insert , except begin delete that end delete an employment
agency meeting begin delete this description may be end delete begin insert the definition of end insert a domestic
home care aide referral organization begin insert in subdivision (f) of Section
1796.12 end insert .

(h) A residential care facility for the elderly licensed under
Chapter 3.2 (commencing with Section 1569).

(i) A community care facility licensed under Chapter 3
(commencing with Section 1500), or a residential care facility for
persons with chronic life-threatening illness licensed under Chapter
3.01 (commencing with Section 1568.01).

(j) An person or organization performing activities that fall
under the jurisdiction of a child day care facility licensed under
Chapter 3.4 (commencing with Section 1596.70), a day care center
licensed under Chapter 3.5 (commencing with Section 1596.60),
or a family day care home licensed under Chapter 3.6 (commencing
with Section 1597.30).

SEC. 4.  

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

1796.22.  

Any individual who has submitted an application and
who possesses any one of the following identification cards may
initiate a background examination to be a registered home care
aide:

(a) A valid California driver’s license.

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

(c) A valid Alien Registration Receipt Card or valid Permanent
Resident Card.

(d) In the case of a person living in a state other than California,
a valid numbered photo identification card issued by an agency of
the state other than California.

SEC. 5.  

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

1796.29.  

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

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

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

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

(3) The Internet Web site shall distinguish between an affiliated
and independent home care aide for purposes of informing potential
consumers and the public of the differences between the two
classifications.

(b) Update the home care registry upon receiving notification
from a home care organization or a domestic home care aide
referral organization that the home care aide is no longer employed
by or associated with the organization.

SEC. 6.  

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

1796.33.  

An individual who has submitted an application and
who possesses any one of the following identification cards may
initiate a background examination to be a licensed home care
organization or a licensed domestic home care aide referral
organization:

(a) A valid California driver’s license.

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

(c) A valid Alien Registration Receipt Card or valid Permanent
Resident Card.

(d) In the case of a person living in a state other than California,
a valid numbered photo identification card issued by an agency of
the state other than California.

SEC. 7.  

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

1796.34.  

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

(1) The owner or owners of the applicant, if the owners are
individuals.

(2) If the owner of the applicant is a corporation, limited liability
company, joint venture, association, or other entity, an individual
having a 10-percent or greater interest in that entity.

(b) A person who is a current licensee or employee in a facility
licensed by the department, a certified foster parent, a certified
administrator, or a registered TrustLine provider may transfer his
or her current criminal record clearance or exemption for purposes
of licensure under this chapter pursuant to subdivision (h) of
Section 1522. The person shall, instead, submit to the department,
along with the person’s application, a copy of his or her
identification card, as required pursuant to Section 1796.33, and
a declaration verifying the person’s identity that is signed under
penalty of perjury.

SEC. 8.  

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

1796.35.  

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

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

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

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

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

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

(c) (1) This section does not apply to a county providing
in-home supportive services pursuant to Article 7 (commencing
with Section 12300) of Chapter 3 of Part 3 of Division 9 of the
Welfare and Institutions Code.

(2) Subdivision (a) does not apply to a domestic home care aide
referral organization.

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

SEC. 9.  

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

1796.37.  

(a) A home care organization or domestic home care
aide referral organization that has its principal place of business
in another state, in addition to the other requirements of this
chapter, before arranging for home care services provided by a
registered home care aide to a client in the state, shall comply with
all of the following:

(1) Have an office in California.

(2) Maintain all pertinent records of the operation in California
at the California office. All records shall be available to review,
copy, audit, and inspect by the licensing agency.

(b) If the home care organization or domestic home care aide
referral organization is a foreign corporation, foreign limited
liability company, foreign limited partnership, foreign association,
or a foreign limited liability partnership, as defined in Sections
170, 171, 171.03, 171.05, and 16101 of the Corporations Code,
before arranging for home care services provided by a registered
home care aide to a client in the state, the home care organization
or domestic home care aide referral organization shall have an
office in California and shall comply with both of the following:

(1) Register with the Secretary of State to conduct intrastate
business in California.

(2) Maintain all pertinent records of the operation in California
at the California office. All records shall be available to review,
copy, audit, and inspect by the licensing agency.

SEC. 10.  

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

1796.38.  

(a) The department shall issue a home care
organization license to an individual or other entity that satisfies
all of the requirements set forth in this chapter, including all of the
following:

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

(2) Submits proof of general and professional liability insurance
in the amount of at least one million dollars ($1,000,000) per
occurrence and three million dollars ($3,000,000) in the aggregate.

(3) Submits proof of a valid workers’ compensation policy
covering its affiliated home care aides. The proof shall consist of
the policy number, the effective and expiration dates of the policy,
and the name and address of the policy carrier.

(4) Provides the department, upon request, with a complete list
of its affiliated home care aides, and proof that each satisfies the
requirements of Section begin delete 1796.34 end delete begin insert 1796.23 end insert .

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

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

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

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

(2) Submits proof of general and professional liability insurance
in the amount of at least one million dollars ($1,000,000) per
occurrence and three million dollars ($3,000,000) in the aggregate.

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

begin insert

(4) Provides the department, upon request, with a list of
independent home care aides and proof that each satisfies the
requirements of Section 1796.23.

end insert begin delete

(4)

end delete

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

begin delete

(5)

end delete

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

SEC. 11.  

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

1796.39.  

(a) A licensee shall renew the home care organization
license or domestic home care aide referral organization license
every two years.

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

(1) Submitting a complete renewal application form and payment
of fees, both of which shall be postmarked on or before the
expiration of the license.

(2) Continuing to satisfy the requirements set forth in this
chapter, and cooperating with the department in the completion
of the renewal process.

(c) Failure of the licensee to cooperate may result in the
withdrawal of the license renewal application. “Failure to
cooperate” means that the information described in this chapter
and in any rules and regulations promulgated under this chapter
has not been provided, or not provided in the form requested by
the department, or both.

SEC. 12.  

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

1796.40.  

(a) A domestic home care aide referral organization
shall be separately licensed.

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

SEC. 13.  

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

1796.41.  

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

(1) Post its license and business hours 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.

(2) Report any suspected or known adult abuse as required by
Section 15630 of the Welfare and Institutions Code and suspected
or known child abuse as required by Sections 11164 to 11174.3,
inclusive, of the Penal Code. A copy of each suspected abuse report
shall be maintained and available for review by the department
during normal business hours.

begin insert

(3) Provide clients with written information regarding the types
and hours of available services and the fees associated with those
services and a disclosure that services may or may not be a covered
benefit through Medicare or Medi-Cal.

end insert

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

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

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

(c) In addition to the requirements of subdivision (a), a domestic
home care aide referral organization begin insert referring an independent
home care aide end insert shall do begin delete both end delete begin insert all end insert of the following:

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

begin delete

(2) Inform, both orally and in writing, a prospective customer
seeking a referral of an independent home care aide of the
disclosures required pursuant to Section 1812.5095 of the Civil
Code.

end delete 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 referral organization) is not the employer of the
domestic worker that it referred to you. Depending on your
arrangement with the domestic worker, you may have the
responsibilities of an employer. A written disclosure with additional
information is being mailed to you.”

end insert
begin insert end insert
begin insert

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

end insert
begin insert end insert
begin insert

“(Name of the referral organization) 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 the responsibilities of an employer,
including employment taxes and workers’ compensation, under
state and federal law. For additional information contact your
local Employment Development Department and the Internal
Revenue Service. (Name of referral organization) 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 domestic home care aide referral organization referring
home care aides shall, in any paid advertising brochure or the
domestic home care aide referral organization’s Internet Web site
promoting the domestic home care aide referral organization’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 referral organization) is a referral agency.”

end insert
begin insert end insert
begin insert

(5) Provide, upon receipt of a written request from a client for
whom a registered home care aide provided the client services, a
statement of payments made on behalf of the client to the registered
home care aide through the domestic home care aide referral
organization’s trust account.

end insert

SEC. 14.  

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

1796.42.  

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

(1) Ensure any staff person, volunteer, or employee who has
contact with clients, prospective clients, or confidential client
information that may pose a risk to the clients’ health and safety
has met the requirements of Section 1796.23 before being hired.

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

(3) A home care organization shall immediately notify the
department when the home care organization no longer employs
an individual as an affiliated home care aide. begin insert A domestic home
care aide referral organization shall immediately notify the
department when the domestic home care aide referral
organization no longer has a relationship with an independent
home care aide. 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 section, provided that the individual has client
contact.

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert The heading of Article 8 (commencing with Section
1796.44) of Chapter 13 of Division 2 of the end insert begin insert Health and Safety
Code end insert begin insert is amended to read: end insert

 

Article 8.  begin delete Affiliated end delete Home Care Aides begin insert Provided by Licensed
Organizations end insert

 

begin delete SEC. 15. end delete
begin insert SEC. 16. end insert   

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

1796.44.  

(a) A home care organization licensee shall ensure
that, prior to providing home care services, an affiliated home care
aide shall complete the training requirements specified in
subdivisions (b) and (c). A domestic home care aide referral
organization shall ensure, prior to that person being referred to a
client, that a registered home care aide demonstrate proficiency
as provided in subdivision (d).

(b) An affiliated home care aide shall complete a minimum of
five hours of entry-level training prior to presence with a client,
as follows:

(1) Two hours of orientation training regarding his or her role
as caregiver and the applicable terms of employment.

(2) Three hours of safety training, including basic safety
precautions, emergency procedures, and infection control.

(c) In addition to the requirements in subdivision (b), an
affiliated home care aide shall complete a minimum of five hours
of annual training. The annual training shall relate to core
competencies and be population specific, which shall include, but
not be limited to, the following areas:

(1) Clients’ rights and safety.

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

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

(4) Assisting a client with personal hygiene.

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

(6) Infection control.

(7) Basic safety precautions.

(d) (1) An independent home care aide who is being referred
by a domestic home care aide referral organization shall begin delete annually
complete a proficiency exam that includes all of the following
topics end delete begin insert do both of the following end insert :

begin insert

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

end insert begin delete

(A)

end delete

begin insert (i) end insert  Clients’ rights and safety.

begin delete

(B)

end delete

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

begin delete

(C)

end delete

begin insert (iii) end insert  How to detect, report, and prevent abuse and neglect.

begin delete

(D)

end delete

begin insert (iv) end insert  Assisting clients with personal hygiene.

begin delete

(E)

end delete

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

begin delete

(F)

end delete

begin insert (vi) end insert  Infection control.

begin delete

(G)

end delete

begin insert (vii) end insert  Basic safety precautions.

begin insert

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

end insert

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

begin insert

(3) The proficiency exam provided shall include
department-approved, job-related topics described in this
subdivision and may be provided via an online proficiency
examination or a written proficiency examination administered
by the domestic home care aide referral organization or their
designee.

end insert

(e) The entry-level training and annual training on
department-approved job-related topics described in subdivisions
(b) and (c) may be completed through an online training program.

(f) 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).

begin delete SEC. 16. end delete
begin insert SEC. 17. end insert   

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

1796.45.  

(a) An individual hired to be an begin delete independent end delete begin insert affiliated end insert
home care aide on or after January 1, 2015, or a registered home
care aide entering into an agreement with a domestic home care
aide referral organization after January 1, 2016, shall be submitted
to an examination 90 days prior to employment or the effective
date of the agreement or within seven days after employment or
the effective date of the agreement to determine that the individual
is free of active tuberculosis disease.

(b) For purposes of this section, “examination” means a test for
tuberculosis infection that is recommended by the federal Centers
for Disease Control and Prevention (CDC) and that is licensed by
the federal Food and Drug Administration (FDA) and, if that test
is positive, an X-ray of the lungs. The aide shall not work as a
registered home care aide unless he or she obtains documentation
from a licensed medical professional that there is no risk of
spreading the disease.

(c) An affiliated home care aide whose employment with a home
care organization began before January 1, 2015, shall submit to
the examination described in subdivision (a) before July 1, 2015.

(d) After submitting to an examination, a home care aide whose
test for tuberculosis infection is negative shall be required to
undergo an examination at least once every two years. Once a
home care aide has a documented positive test for tuberculosis
infection that has been followed by an X-ray, the examination is
no longer required.

(e) After the examination, a home care aide shall submit, and
the home care organization or domestic home care aide referral
organization shall keep on file, a certificate from the examining
practitioner showing that the home care aide was examined and
found free from active tuberculosis disease.

(f) The examination is a condition of initial and continuing
employment with the home care organization. The examination is
also a condition of a registered home care aide’s initial and
continuing agreement with a domestic home care aide referral
organization. The home care aide shall pay the cost of the
examination.

(g) A home care aide who transfers employment from one home
care organization to another or a registered home care aide entering
into an agreement with a domestic home care aide referral
organization shall be deemed to meet the requirements of
subdivision (a) or (c) if the home care aide can produce a certificate
showing that he or she submitted to the examination within the
past two years and was found to be free of active tuberculosis
disease, or if it is verified by the home care organization previously
employing him or her or by the domestic home care aide referral
organization that previously had an agreement with him or her that
the home care organization or domestic home care aide referral
organization has a certificate on file that contains that showing.

begin delete SEC. 17. end delete
begin insert SEC. 18. end insert   

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

1796.50.  

(a) A domestic home care aide referral organization
licensee shall pay the following fees:

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

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

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

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

begin delete SEC. 18. end delete
begin insert SEC. 19. end insert   

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

1796.51.  

In order to carry out the provisions of this chapter,
the department may establish procedures for the receipt,
investigation, and resolution of complaints against home care
organizations and domestic home care aide referral organizations.

begin delete SEC. 19. end delete
begin insert SEC. 20. end insert   

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

1796.52.  

(a) The department may review and, if it determines
necessary, investigate complaints filed against home care
organizations or domestic home care aide referral organizations
regarding violations of this chapter or any rules or regulations
promulgated under this chapter.

(b) The department shall verify through random, unannounced
inspections that a home care organization or domestic home care
aide referral organization meets the requirements of this chapter
and the rules and regulations promulgated under this chapter.

(c) An investigation or inspection conducted by the department
pursuant to this chapter may include, but is not limited to,
inspection of the books, records, or premises of a home care
organization or domestic home care aide referral organization. An
organization’s refusal to make records, books, or premises available
shall constitute cause for the revocation of the organization’s
license.

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

begin delete SEC. 20. end delete
begin insert SEC. 21. end insert   

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

1796.53.  

A duly authorized officer, employee, or agent of the
department may, upon presentation of proper identification, enter
a home care organization or domestic home care aide referral
organization during posted business hours, with or without advance
notice, to secure compliance with, or to prevent a violation of, any
provision of this chapter or any provision promulgated under this
chapter.

begin delete SEC. 21. end delete
begin insert SEC. 22. end insert   

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

1796.55.  

(a) A home care organization or domestic home care
aide referral organization that operates in violation of any
requirement or obligation imposed by this chapter or any rule or
regulation promulgated under this chapter may be subject to the
fines levied or licensure action taken by the department as specified
in this chapter.

(b) When the department determines that a home care
organization or domestic home care aide referral organization is
in violation of this chapter or any rules or regulations promulgated
under this chapter, a notice of violation shall be served upon the
licensee. Each notice of violation shall be prepared in writing and
shall specify the nature of the violation and the statutory provision,
rule, or regulation alleged to have been violated. The notice shall
inform the licensee of any action the department may take under
this chapter, including the requirement of a plan of correction,
assessment of a penalty, or action to suspend, revoke, or deny
renewal of the license. The director or his or her designee shall
also inform the licensee of rights to a hearing under this chapter.

(c) The department may impose a fine of up to nine hundred
dollars ($900) per violation per day commencing on the date the
violation was identified and ending on the date each violation is
corrected, or action is taken to suspend, revoke, or deny renewal
of the license, whichever comes first.

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

begin delete SEC. 22. end delete
begin insert SEC. 23. end insert   

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

1796.61.  

The provisions of this chapter that apply to home care
aides, to home care organizations, and to domestic home care aide
referral organizations shall become operative on January 1, 2016.

begin delete SEC. 23. end delete
begin insert SEC. 24. 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 delete SEC. 24. end delete
begin insert SEC. 25. end 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.