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SD 1036

An Act to improve Massachusetts home care

194th Legislature (2025-2026) Introduced by Mike Brady and 13 co-sponsors

Establishes a MA home care agency license to ensure quality, safety, and oversight, with provisional licenses, enforcement, and coordination with elder affairs and public health.

House concurred
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Bill Summary · SD 1036

Summary: An Act to Improve Massachusetts Home Care (Senate Docket No. 1036)

Status: House concurred
Introduced: March 10, 2025
Committee: Elder Affairs (referenced)

Purpose and intent
- Establish a comprehensive licensure framework for home care agencies in Massachusetts.
- Create clear definitions and standards to ensure quality, safety, and accountability for home care services provided in consumers’ residences.
- Align home care regulation with related long-term care oversight to reduce duplication and coordinate with elder services agencies and public health.

Key provisions (substantive changes)
- Creation of new licensure requirements:
- A “home care agency” license is required for entities that provide home care services or represent themselves as a home care agency.
- Licensure is required unless explicitly exempt (e.g., federal/state government agencies, entities limited to house cleaning, certain elder services, hospice programs, or home health agencies).
- Licensure applies to entities that directly employ home care workers or directly contract with firms that employ home care workers.
- Definitions (Section 51L):
- Home care agency: includes for-profit, nonprofit, or other entities offering home care in a consumer’s residence for compensation; excludes specified categories.
- Home care consumers: individuals receiving home care services or their legal representatives.
- Home care services: in-home assistance with daily living activities, housekeeping, laundry, companionship, etc.; excludes hospice, dedicated home health, MassHealth programs, and certain personal care programs.
- Home care worker; Personal care attendant: defined for clarity on personnel subject to licensure and oversight.

  • Licensing process and standards (Section 51M):

    • The Secretary of Health and Human Services issues home care agency licenses for terms set by the Secretary and may renew for similar terms.
    • Provisional licenses: up to 120 days, extendable once for up to another 120 days if significant progress is being made toward meeting standards.
    • Licenses may be suspended, revoked, or not renewed for cause.
    • License fees: established under section 3B of chapter 7.

  • Compliance, enforcement (Section 51N):

    • The Secretary may impose fines for operating without a license or for violations of the license or regulations.
    • Each day of continued violation constitutes a separate offense.
    • The Secretary (with Elder Affairs and Public Health) may conduct surveys and investigations to enforce compliance.

  • Regulatory framework and coordination:

    • The Secretary will promulgate rules and regulations for licensing and conduct, developed in consultation with the Executive Office of Elder Affairs and the Department of Public Health.
    • Rules will review existing licensure and oversight requirements to avoid duplication and ensure alignment with broader long-term care governance.

  • Scope and exclusions:

    • Clear delineation of what constitutes home care services versus hospice, home health, or other related services.

Who is affected
- Potential home care agencies seeking to operate in Massachusetts.
- Home care workers and personal care attendants (as they are referenced in definitions and licensing requirements).
- Individuals and families receiving home care services.
- State agencies: Secretary of Health and Human Services, Elder Affairs, and Public Health, along with long-term care oversight bodies.

Procedural and timeline notes
- The bill was filed in January 2025 and referred to Elder Affairs; the House has concurred with the Senate version, indicating progress toward enactment.
- Specific license terms, fee structures, and regulatory rules would be further detailed in future implementing regulations.

Context
- This proposal is a continuation of prior similar efforts (Senate No. 380 from the 2023-2024 session) to standardize and regulate the home care landscape in Massachusetts.

Compiled from official sources — confirm details with the bill’s official record.

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