BILL NUMBER: AB 1863	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 16, 2014
	AMENDED IN ASSEMBLY  MAY 7, 2014
	AMENDED IN ASSEMBLY  APRIL 22, 2014

INTRODUCED BY   Assembly Member Jones
   (  Coauthor:   Assembly Member 
 Cooley   Coauthors:   Assembly Members
  Ian Calderon,   Cooley,   Hall, 
 and Lowenthal  )

                        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,  to amend the heading of
Article 8 (commencing with Section 1796.44) of Chapter 13 of Division
2 of,  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. 
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.  The bill would
authorize any individual that possesses either a valid Alien
Registration Receipt Card or valid Permanent Resident Card to
initiate a background examination to be either a registered home care
aide or to be a licensed home care organization or a domestic home
care aide referral organization.
   Existing law requires the State Department of Social Services to
post any proposed regulations promulgated for purposes of
implementing the act on its public Internet Web site no earlier than
10 calendar days prior to the effective date of the proposed rule, as
specified.
   This bill would instead require the State Department of Social
Services to post any proposed regulations promulgated on its public
Internet Web site no later than 90 calendar days prior to the
effective date of the proposed rule, as specified.
   This bill would also correct an erroneous cross-reference.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1796.12 of the Health and Safety Code is
amended to read:
   1796.12.  For purposes of this chapter, the following definitions
shall apply:
   (a) "Affiliated home care aide" means an individual, 18 years of
age or older, who is employed by a home care organization to provide
home care services to a client and is listed on the home care aide
registry.
   (b) "Child" or "children" means an individual or individuals under
18 years of age.
   (c) "Client" means an individual who receives home care services
from a registered home care aide.
   (d) "Department" means the State Department of Social Services.
   (e) "Director" means the Director of Social Services.
   (f) "Domestic home care aide referral organization" means an
employment agency, as defined in Section 1812.5095 of the Civil Code
that  provides referrals home care services provided by a
registered home care aide to a client,   offers, refers,
provides, or attempts to provide work for an independent home care
aide who is providing home care services  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,  the home
care organization to which the affiliated home care aide or
affiliated home care aide applicant is associated.  
either or both of the following:  
   (1) The home care organization or organizations with which the
affiliated home care aide or affiliated home care aide applicant is
associated.  
   (2) The domestic home care aide referral organization or
organizations with which a registered home care aide is associated.

   (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  aide, but not at the same time   aide
 .
  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  or referred by a domestic home care referral
organization  but who provide home care services to a client may
be listed on the home care aide registry.
   (b) An affiliated home care aide  and independent home
care aide  shall be listed on the home care aide registry
prior to providing home care services to a client  through a home
care organization  .  A   An independent
 home care aide shall be listed on the registry prior to being
referred by a home care referral  agency  
organization  to a client.
   (c) An individual providing home care services to a child is
exempt from any requirement to be listed on the home care aide
registry if the individual is one of the following:
   (1) A family member of the child.
   (2) A guardian of the child.
   (3) A conservator of the child.
   (4) A foster parent of the child, in a foster family home, as
defined in paragraph (5) of subdivision (a) of Section 1502, or a
certified family home, as defined in subdivision (d) of Section 1506.

   (5) Nonrelative extended family member, as defined in Section
362.7 of the Welfare and Institutions Code.
   (6) Providing home care services in a facility in which only
Indian children who are eligible under the federal Indian Child
Welfare Act (25 U.S.C. 1901 et seq.) are placed and is one of the
following:
   (A) An extended family member of the Indian child, as defined in
Section 1903 of Title 25 of the United States Code.
   (B) A foster home that is licensed, approved, or specified by the
Indian child's tribe pursuant to Section 1915 of Title 25 of the
United States Code.
   (7) Providing home care services as part of his or her job duties
through one of the following entities:
   (A) A home health agency licensed under Chapter 8 (commencing with
Section 1725).
   (B) A hospice licensed under Chapter 8.5 (commencing with Section
1745).
   (C) A health facility licensed under Chapter 2 (commencing with
Section 1250).
   (D) Any clinic licensed under Sections 1204 or 1204.1.
   (E) A county providing in-home supportive services pursuant to
Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of
Division 9 of the Welfare and Institutions Code, without regard to
whether the county provides these services as a public authority or
through a nonprofit consortium established pursuant to Section
12301.6 of the Welfare and Institutions Code.
   (F) A home medical device retail facility licensed under Section
111656.
   (G) An organization vendored or contracted through a regional
center or the State Department of Developmental Services pursuant to
the Lanterman Developmental Disabilities Services Act (Division 4.5
(commencing with Section 4500) of the Welfare and Institutions Code)
and the California Early Intervention Services Act (Title 14
(commencing with Section 95000) of the Government Code) to provide
services and supports for persons with developmental disabilities, as
defined in Section 4512 of the Welfare and Institutions Code, when
funding for those services is provided through the State Department
of Developmental Services and more than 50 percent of the recipients
of the home care services provided by the organization are persons
with developmental disabilities.
   (H) A community care facility as licensed under Chapter 3
(commencing with Section 1500), a residential care facility for
persons with special health care needs licensed under Chapter 3.01
(commencing with Section 1568.01), a residential care facility for
the elderly licensed under Chapter 3.2 (commencing with Section
1569), or a child day care licensed under Chapter 3.4 (commencing
with Section 1596.70).
   (I) Any alcoholism or drug abuse recovery or treatment facility as
defined by Section 11834.02.
   (J) Any other entity providing services similar to those described
in this paragraph, as determined by the director.
   (8) Providing services authorized pursuant to Section 2731 of the
Business and Professions Code.
   (d) (1) Home care aides shall not include individuals who are
providing home care services as part of their job duties through one
of the following entities:
   (A) Services authorized to be provided by a licensed home health
agency under Chapter 8 (commencing with Section 1725).
   (B) Services authorized to be provided by a licensed hospice
pursuant to Chapter 8.5 (commencing with Section 1745).
   (C) Services authorized to be provided by a licensed health
facility pursuant to Chapter 2 (commencing with Section 1250).
   (D) In-home supportive services provided pursuant to Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of Division 9
of the Welfare and Institutions Code.
   (E) Services authorized to be provided by one of the following:
   (i) A licensed residential care facility for the elderly pursuant
to Chapter 3.2 (commencing with Section 1569).
   (ii) A licensed community care facility pursuant to Chapter 3
(commencing with Section 1500).
   (iii) A licensed residential care facility for persons with
chronic life-threatening illness pursuant to Chapter 3.01 (commencing
with Section 1568.01).
   (iv) A licensed facility, pursuant to the California Child Day
Care Act (Chapter 3.4 (commencing with Section 1596.70)), which
includes day care centers under Chapter 3.5 (commencing with Section
1596.90) and family day care homes under to Chapter 3.6 (commencing
with Section 1597.30).
   (2) Home care aides shall not include individuals providing
services authorized to be provided pursuant to Section 2731 of the
Business and Professions Code.
  SEC. 3.  Section 1796.17 of the Health and Safety Code is amended
to read:
   1796.17.  A home care organization or a domestic home care aide
referral organization shall not include the following:
   (a) A home health agency licensed under Chapter 8 (commencing with
Section 1725).
   (b) A hospice licensed under Chapter 8.5 (commencing with Section
1745).
   (c) A health facility licensed under Chapter 2 (commencing with
Section 1250).
   (d) A county providing in-home supportive services pursuant to
Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of
Division 9 of the Welfare and Institutions Code, without regard to
whether the county provides these services as a public authority or
through a nonprofit consortium established pursuant to Section
12301.6 of the Welfare and Institutions Code.
   (e) A home medical device retail facility licensed under Section
111656.
   (f) An organization vendored or contracted through a regional
center or the State Department of Developmental Services pursuant to
the Lanterman Developmental Disabilities Services Act (Division 4.5
(commencing with Section 4500) of the Welfare and Institutions Code)
and the California Early Intervention Services Act (Title 14
(commencing with Section 95000) of the Government Code) to provide
services and supports for persons with developmental disabilities, as
defined in Section 4512 of the Welfare and Institutions Code, when
funding for those services is provided through the State Department
of Developmental Services and more than 50 percent of the recipients
of the home care services provided by the organization are persons
with developmental disabilities.
   (g) An employment agency, as defined in Section 1812.5095 of the
Civil Code, that procures, offers, refers, provides, or attempts to
provide  an independent home care aide who provides home care
services clients   a domestic worker  , except
 that  an employment agency meeting  this
description may be   the definition of  a domestic
home care aide referral organization  in subdivision (f) of
Section 1796.12  .
   (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  1796.34   1796.23
.
   (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. 
   (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. 
   (4) 
    (5)  The owner or owners of the domestic home care aide
referral organization pass a background examination, as required
pursuant to Section 1796.34. 
   (5) 
    (6)  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  both
  all  of the following:
   (1) Post its license and business hours in its place of business
in a conspicuous location, visible both to clients and 
affiliated   registered  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. 
   (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. 
   (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  referring an independent
home care aide  shall do  both   all 
of the following:
   (1) Comply with the bond requirements included in Section 1812.503
of the Civil Code. 
   (2) Inform, both orally and in writing, a prospective customer
seeking a referral of an independent home care aide of the
disclosures required pursuant to Section 1812.5095 of the Civil Code.
 
   (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: 

   "(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." 

   (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: 

   "(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." 

   (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: 

   "(Name of the referral organization) is a referral agency." 

   (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. 
  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  domestic  home care  aide  referral
 agencies   organizations  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.  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. 
   (b) This section shall not prevent a licensee from requiring a
criminal record clearance of any individual exempt from the
requirements of this section, provided that the individual has client
contact.
   SEC. 15.    The heading of Article 8 (commencing with
Section 1796.44) of Chapter 13 of Division 2 of the  
Health and Safety Code   is amended to read: 

      Article 8.   Affiliated  Home Care Aides 
Provided by Licensed Organizations 


   SEC. 15.   SEC. 16.   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  annually
complete a proficiency exam that includes all of the following
topics   do both of the following  : 
   (A) Annually complete a proficiency exam that includes all of the
following topics:  
   (A) 
   (i)  Clients' rights and safety. 
   (B) 
    (ii)  Activities of daily living, including how to
provide for and respond to a client's daily needs. 
   (C)
    (iii)  How to detect, report, and prevent abuse and
neglect. 
   (D) 
    (iv)  Assisting clients with personal hygiene. 
   (E) 
    (v)  Safely transporting clients, if transportation
services are provided by the registered home care aide. 
   (F) 
    (vi)  Infection control. 
   (G) 
    (vii)  Basic safety precautions. 
   (B) Provide verifiable work references demonstrating that the home
care aide has the necessary work experience to provide home care
services. 
   (2) An independent home care aide who does not complete the
proficiency exam shall not be eligible for referral to prospective
clients. 
   (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. 
   (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).
   SEC. 16.   SEC. 17.   Section 1796.45 of
the Health and Safety Code is amended to read:
   1796.45.  (a) An individual hired to be an  independent
  affiliated  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.
   SEC. 17.   SEC. 18.   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.
   SEC. 18.   SEC. 19.   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.
   SEC. 19.   SEC. 20.   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.
   SEC. 20.   SEC. 21.   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.
   SEC. 21.   SEC. 22.   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.
   SEC. 22.   SEC. 23.   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.
   SEC. 23.   SEC. 24.   Section 1796.63 of
the Health and Safety Code is amended to read:
   1796.63.  The department shall adopt, amend, or repeal, in
accordance with Chapter 3.5 (commencing with Section 11340) of the
Government Code, any reasonable rules, regulations, and standards as
may be necessary or proper to carry out the purpose and intent of
this chapter and to enable the department to exercise the powers and
perform the duties conferred upon it by this chapter, not
inconsistent with any of the provisions of any statute of this state.
Notwithstanding the rulemaking provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code), the department may
implement and administer this chapter through written directives,
without taking regulatory action, subject to the limitations provided
in subdivision (b).
   (a) The department shall post any proposed rules promulgated under
this section on its public Internet Web site no later than 90
calendar days prior to the effective date of the proposed rule, which
shall also include notification to the public regarding how members
of the public may comment, including the date on which those comment
must be received in order to be considered by the department.
   (b) The department's authority to implement and administer this
section through written directives shall expire no later than 12
months after the written directives are promulgated and posted on a
public Internet Web site, or upon the effective date of regulations
promulgated in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code), whichever occurs sooner.
   SEC. 24.   SEC. 25.   No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution because the only costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.