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S 2555

Relates to requirements for explanatory statements regarding disposal of property

2025 Regular Session Introduced by Leroy Comrie

Creates a statewide licensure framework for home care agencies, requiring background checks, standardized service plans, and regulatory oversight to protect consumers and workers.

REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
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Bill Summary · S 2555

Bill Summary — S.2555 (2025): "An Act to improve Massachusetts home care"

Note: The bill text provided concerns creation of a licensure framework for home care agencies in Chapter 111. The bill title in the header (“Relates to requirements for explanatory statements regarding disposal of property”) appears inconsistent with the text; this summary follows the home-care agency text.

Purpose

Establish a statewide licensure and regulatory framework for “home care agencies” to improve oversight, consumer protections, and workforce screening for in‑home personal/supportive care services in Massachusetts.

Key definitions (selected)

  • Home care agency: any entity that provides, procures, offers or represents itself as providing home care services in a consumer’s residence, except specified exclusions (federal/commonwealth entities, house‑cleaning only businesses, Aging Service Access Points, licensed hospice under §57D, and licensed home health agencies under §51K).
  • Home care services: supportive services in the home to enable safe, comfortable residence (assistance with eating, bathing, dressing, ADLs, housekeeping, companionship). Excludes licensed hospice, home health, certain MassHealth programs and the state personal care attendant program.
  • Home care worker: individual employed by a home care agency who provides home care services.
  • Secretary: Secretary of Health and Human Services.

Major provisions

  • Licensure requirement: No person/entity may hold out as a home care agency or provide home care services (where the agency directly employs or contracts with employers of home care workers) without a license issued by the Secretary of Health and Human Services.
  • Licensing process: The Secretary shall issue licenses for terms to be determined, may renew, and may issue provisional licenses up to 120 days (one renewal allowed) for new or temporarily non‑compliant providers.
  • Enforcement and penalties: Licenses can be suspended, revoked or refused for cause. The Secretary may fine unlicensed operators and licensed agencies that violate the statute/rules; each day of continued violation is a separate offense. The Secretary, with EOAHHS and DPH, may survey and investigate compliance.
  • Regulatory development: The Secretary must promulgate rules in consultation with the Executive Office of Aging and Independence and the Department of Public Health. Rules must avoid duplication with existing oversight (e.g., Aging Services Access Points, nurse aide registry).
  • Minimum regulatory elements required (explicitly listed or referenced):
    • Background screening for all home care workers (Massachusetts criminal checks; state/county checks for other jurisdictions lived/worked in last 5 years; OIG exclusions list; nurse aide registry check; applicable professional licensing board checks; 5‑year driving/auto insurance verification for workers who transport consumers).
    • Minimum standards for consumer‑specific service plans and contracts (text truncated in supplied copy but required).
    • Additional operational, staffing, recordkeeping, complaint/consumer‑protection and reporting standards to be set in regulation.

Who is affected

  • Home care agencies (for‑profit and nonprofit) that employ or procure home care workers.
  • Home care workers (subject to background checks and other personnel requirements).
  • Home care consumers and their legal representatives (benefit from contractual/service plan standards and consumer protections).
  • State agencies involved in regulation/enforcement: Executive Office of Health & Human Services, Executive Office of Aging & Independence, Department of Public Health, Aging Services Access Points.

Procedural / timeline highlights

  • Introduced: July 30, 2025 (read twice and referred to Committee on the Judiciary per actions).
  • Committee activity: Reported from the committee on Aging and Independence (filed 7/14/2025; committee report dated 7/21/2025 as a new draft of S.470).
  • Legislative history in document shows multiple referrals and earlier Senate action entries (including “PASSED SENATE” and multiple committee referrals) — the chronology in the provided actions appears inconsistent and may reflect docketing or prior‑session carryover; consult the official legislative docket for up‑to‑date status.

Potential impacts

  • Increased oversight and standardized protections for consumers receiving non‑medical home care.
  • Compliance costs for agencies (licensure fees, background checks, administrative requirements); potential market consolidation if smaller providers cannot meet new requirements.
  • Potential public‑health and safety benefits via background screening and standardized service plans; clearer enforcement against unlicensed operators.

Notes / limitations

  • The supplied bill text is truncated in several places (service plan and other regulatory specifics are not fully shown). Final regulatory details will be set by the Secretary via rulemaking.
  • There is an apparent mismatch between the bill title provided and the bill text; this summary is based on the inserted home‑care agency text.

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

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