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On Monday, Governor Maura Healey signed into law An Act to improve Massachusetts home care, creating Massachusetts’ first-ever statewide licensing system for home care agencies and establishing new standards to protect older adults, people with disabilities, families and the workers who care for them.
As more Massachusetts residents choose to receive care in their homes, the home care industry has grown rapidly while operating without a statewide licensing system. The new law closes that gap by creating consistent standards of oversight to help ensure families can have confidence in the care their loved ones receive while supporting the dedicated workforce that makes it possible for more people to age safely and independently at home.
“Massachusetts families deserve peace of mind when they hire someone to care for their loved ones at home,” said Governor Maura Healey. “This law strengthens the safety, quality and accountability of home care across Massachusetts, giving families confidence in the care their loved ones receive and supporting the dedicated workers who make independent living possible.”
“We want people to have options as they age so that they can make the choices that work best for them,” said Lieutenant Governor Kim Driscoll. “By establishing statewide safety and quality standards for home care agencies and strengthening protections for workers and consumers, we're making it easier for more people to safely receive high-quality care at home while giving families greater peace of mind.”
“Providing services at home where appropriate can be more cost-effective and beneficial to the health and well-being of consumers,” said Health and Human Services Secretary Kiame Mahaniah. “I appreciate the work of the legislature and the Governor to now ensure the safety of these services by creating a set of standards so families know their loved ones can reliably access quality care in their homes.”
Home care agencies provide non-medical services such as bathing, dressing, meal preparation, companionship, medication reminders and other daily supports that allows older adults and people with disabilities to remain and live safely in their homes and communities.
The new law directs the Executive Office of Health and Human Services (EOHHS), in collaboration with the Executive Office of Aging & Independence and the Department of Public Health (DPH), to establish and oversee a statewide licensing system. Under the law, agencies must obtain a state license before operating or advertising home care services. EOHHS will have the authority to inspect and investigate agencies, enforce compliance with state standards, and deny, suspend or revoke licenses or impose penalties when agencies fail to meet legal requirements. Licensed agencies will be required to:
- Conduct background checks on employees
- Meet state standards for worker safety and consumer protection
- Provide training on topics including worker safety, abuse prevention and quality care
- Maintain workers’ compensation and liability insurance
- Meet operational, financial, and ownership disclosure requirements established by the state
The law also establishes a Home Care Oversight Advisory Council to advise EOHHS on implementation and oversight of the licensing system, as well as a Home Care Worker and Abuse Stakeholder Advisory Committee to study safety issues affecting worker and consumer safety and recommend additional protections.
"This legislation takes important steps to improve services for seniors, and to ensure a safe work environment for home care workers," said House Speaker Ronald J. Mariano. "I want to thank Governor Healey for signing this legislation into law, as well as Chairman Stanley and my colleagues in the House, along with our partners in the Senate, for recognizing the need for these important reforms."
"Aging at home should bring families comfort and reassurance—not lingering questions about who's coming through the door," said Senate President Karen E. Spilka. "With the Governor's signature today, this legislation will put real accountability in place for an industry that touches countless families. It gives older adults and their loved ones the confidence they deserve, while giving the workforce behind this care the recognition it has earned. I want to thank Senator Jehlen for her steady leadership on this bill, Senator Brownsberger for guiding the conference committee, every Senator who supported it, our House colleagues for their partnership, and the Governor for her signature."
"The Legislature and Governor Healey share a commitment to protecting vulnerable people who need home care," said Senator William N. Brownsberger. "I am grateful for this partnership to create a strong new law speaking to that commitment."
"Everyone—consumers and workers—will be safer and better served with home care licensure in place. This legislation is the culmination of years of collaboration with advocates representing older adults, care providers, unions, and regulators to ensure all agencies are vetted, workers are protected, and consumers receive high-quality care. The commissions on Long Term Services and Supports and Family Caregiving are important next steps in providing more affordable options for our residents to access care and services. I am grateful to the Senate President, her team, my co-chair Representative Stanley and his team, along with my fellow conferees," said Senator Patricia D. Jehlen, Senate Chair, Joint Committee on Aging and Independence, "Most of us will need long term care at some point, and many will find it very hard to afford. The long term services and supports commission will take the next step toward creating social insurance for long term care, recommending models with variables such as the required contribution and the amount or duration of benefits. Establishing social insurance for long term care will make it possible for many more people to age with financial security."
"With the Governor's signature, the Commonwealth once again answers the call to meet the needs of our older adults and prioritize aging in place," said Representative Thomas M. Stanley, House Chair, Joint Committee on Aging and Independence. "At a time when our aging population is growing and demand for home care is expected to increase, the licensing and oversight process established in this bill for home care agencies is needed more than ever to protect consumers, their families and home care workers. The work ahead involving the commissions on family caregiving and long-term care financing will be incredibly important to improve supports for our family caregivers and address the affordability of long-term services and supports for the middle class. I'm grateful to Governor Healey, Speaker Mariano, the Senate President and my legislative colleagues for their efforts to get this legislation over the finish line."
"I was proud to have served as a member of the conference committee tasked with working on this important piece of legislation, that will have an immediate impact on the lives of our older neighbors to ensure that they are being provided with the safest and best available care," said Representative Frank A. Moran. "This legislation is the culmination of years of diligent work with expert insights provided from a wide array of stakeholders. Thank you to Governor Healey for signing this bill into law, Speaker Ron Mariano for making this bill a priority this session, and Chair Thomas Stanley for his leadership throughout this process."
"This is quintessentially good government legislation and has been very well received by all home care stakeholders in my district," said Representative David F. DeCoste.
"As someone who was a family caregiver to two aging parents for more than a decade, I celebrate the passage of this bill. Through the inclusion of the Family Caregiver Commission, we recognize and pay tribute to caregivers for who they are, the enormous sacrifices that they make each day, and their tremendous contributions to our communities, our Commonwealth, and our loved ones," said Representative Michael P. Kushmerek.
In addition, the bill creates a special legislative commission to study family caregiving policies, including the potential costs, benefits and implementation of allowing spouses to serve as paid caregivers through MassHealth, as well as opportunities to expand access to home-based care and reduce reliance on institutional care.
EOHHS will begin working on all facets of the new law in the coming months.
