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Massachusetts Mulls Regulations for Home Care Agencies for Older Adults

Early in November, the Massachusetts House passed a bill that would create a licensing system for nonmedical home care agencies, establishing standards, background checks, mandatory training on infection control and…

Close up of elderly woman with walking cane and visiting nurse at home.

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Early in November, the Massachusetts House passed a bill that would create a licensing system for nonmedical home care agencies, establishing standards, background checks, mandatory training on infection control and dementia care, cost transparency, and protections for workers. They would also require disclosure of ownership interests and enabling state oversight, inspections, and penalties for violations.

If passed by the Senate, the legislation would become the latest in several health care-related laws focused on Massachusetts' aging population and the shortage of caregivers. Two laws so far have increased oversight for long-term care facilities and hospitals.

The Boston Globe reported that there is currently no licensing for private, nonmedical home care agencies in the state, creating oversight gaps in a system serving older clients. Massachusetts relies on 24 regional aging services offices to support approximately 70,000 people receiving home care, with private agencies serving many more. 

"A lack of oversight of those private agencies leaves the door open for unscrupulous or inexperienced operators, and families adrift in their search for competent help at home," noted The Boston Globe's Jason Laughlin. 

These families include individuals like Doug Hano, who has struggled to find home care for his wife, Kirsten, who has early-onset Alzheimer's disease.

Key supporters of the proposed legislation include Harrison Collins, director of legislative affairs for the Home Care Alliance of Massachusetts; House sponsor Representative Thomas Stanley; SEIU 1199; and the Dignity Alliance Massachusetts.

“The industry is asking for regulation,” said Stanley, a Waltham Democrat and sponsor of the bill that passed the House in November, in a statement shared with The Boston Globe. “We want to get higher-quality people to take care of our loved ones.”

Under the proposed legislation, the state's Executive Office of Health and Human Services would have the authority to issue three-year licenses, conduct investigations, suspend or revoke licenses, and impose fines of up to $500 per day for noncompliance, with licensing applying to agencies and protections benefiting all home care workers.