BILL NUMBER: AB 782 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 14, 2015
INTRODUCED BY Assembly Member Dababneh
FEBRUARY 25, 2015
An act to amend Sections 1796.12, 1796.14, 1796.17, 1796.22,
1796.24, 1796.29, 1796.32, 1796.33, 1796.34, 1796.36, 1796.37,
1796.38, 1796.40, 1796.41, 1796.42, 1796.43, 1796.44, 1796.45,
1796.47, 1796.49, 1796.51, 1796.52, 1796.55, and 1796.61 of the
Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 782, as amended, Dababneh. Home Care Services Consumer
Protection Act.
Existing law establishes the Home Care Services Consumer
Protection Act, which provides, on and after January 1, 2016, 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 an individual
who 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 would, among other things, make the provisions of the
act applicable to home care aide domestic referral agencies, as
defined, including licensure, fees, enforcement and fines, and
regulation of registered home care aides having agreements with those
agencies. The bill would require a home care aide domestic referral
agency 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 who 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 licensed home
care aide domestic referral agency. The bill would also authorize 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 to transfer his or
her current criminal record clearance or exemption for purposes of
licensure under these provisions, as long as he or she fulfills
certain requirements, including signing a declaration verifying his
or her identity under the penalty of perjury. Because the bill
creates new crimes by expanding the act to include home care aide
referral agencies and requiring a specified declaration to be signed
under the penalty of perjury, it would impose a state-mandated local
program.
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) "Family member" means any spouse, by marriage or otherwise,
domestic partner, 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.
(g) "Home care aide applicant" means an individual, 18 years of
age or older, who is requesting to become a registered home care aide
and the department has received and is processing the individual's
complete home care aide application and nonrefundable application
fee.
(h) "Home care aide application" means the official form,
designated by the department, to request to become a registered home
care aide.
(i) "Home care aide domestic referral agency" means an employment
agency, as defined in Section 1812.5095 of the Civil Code and 687.2
of the Unemployment Insurance Code that offers, refers, provides, or
attempts to provide work for an independent home care aide who is
providing home care services, and shall be licensed pursuant to this
chapter.
(j) "Home care aide domestic referral agency 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 home care aide
domestic referral agency licensee, and the department has received
and is processing the complete home care aide domestic referral
agency application and nonrefundable application fee.
(k) "Home care aide domestic referral agency application" means
the official form, designated by the department, to request to become
a licensed home care aide domestic referral agency.
(l) "Home care aide domestic referral agency 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 aide domestic referral agency.
(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, that includes the individual's name,
registration number, registration status, registration expiration
date, and, if applicable, one or both of the following:
(1) The home care organization or organizations that
with which the affiliated home care aide or
affiliated home care aide applicant is associated.
(2) The home care aide domestic referral agency or organizations
with which an independent 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 applicant" means an individual, 18
years of age or older, or a firm, partnership, corporation, limited
liability company, joint venture, association, or other entity where
the individual or individuals applying for the license are 18 years
of age or older and are requesting to become a home care organization
licensee and the department has received and is processing the
complete home care organization application and nonrefundable
application fee.
(p) "Home care organization application" means the official form,
designated by the department, to request to become a licensed home
care organization.
(q) "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 or management of
a licensed home care organization.
(r) "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.
(s) "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.
(t) "Registered home care aide" means an affiliated home care aide
or independent home care aide who is 18 years of age or older and is
listed on the home care aide registry.
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 home care aide domestic referral agency
but who provide home care services to a client may be listed on the
home care aide registry.
(b) An affiliated home care aide shall be listed on the home care
aide registry prior to providing home care services through a home
care organization. An independent home care aide shall be listed on
the home care aide registry prior to being referred by a home care
aide domestic referral agency to a client.
(c) (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, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and
Institutions Code.
(E) A community care facility licensed pursuant to Chapter 3
(commencing with Section 1500), a residential care facility for
persons with chronic life-threatening illness licensed pursuant to
Chapter 3.01 (commencing with Section 1568.01), a residential care
facility for the elderly licensed pursuant to Chapter 3.2 (commencing
with Section 1569), or a facility licensed pursuant to the
California Child Day Care Facilities Act, Act
(Chapter 3.4 (commencing with Section 1596.70)), which
includes day care centers, as described in Chapter 3.5 (commencing
with Section 1596.90), family day care homes, as described in Chapter
3.6 (commencing with Section 1597.30), and employer-sponsored child
care centers, as described in Chapter 3.65 (commencing with Section
1597.70).
(F) A clinic licensed pursuant to Section 1204 or 1204.1.
(G) A home medical device retail facility licensed pursuant to
Section 111656.
(H) An organization vendored or contracted through a regional
center or the State Department of Developmental Services pursuant to
the Lanterman Developmental Disabilities Services Act (Chapter 1
(commencing with Section 4500) of Division 4.5 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.
(I) An alcoholism or drug abuse recovery or treatment facility as
defined in Section 11834.02.
(J) A facility in which only Indian children who are eligible
under the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.) are placed and is either of the following:
(i) An extended family member of the Indian child, as defined in
Section 1903 of Title 25 of the United States Code.
(ii) 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.
(2) Home care aides shall not include individuals providing
services authorized to be provided pursuant to Section 2731 of the
Business and Professions Code.
(d) Home care aides shall not include a nonrelative extended
family member, as defined in Section 362.7 of the Welfare and
Institutions Code.
(e) In the event of a conflict between this chapter and a
provision listed in subdivision (b), (c), or (d), the provision in
subdivision (b), (c), or (d) shall control.
SEC. 3. Section 1796.17 of the Health and Safety Code is amended
to read:
1796.17. (a) Each home care organization and each home care aide
domestic referral agency shall be separately licensed. Nothing in
this chapter shall prevent a licensee from obtaining more than one
license or obtaining a license in addition to other licenses issued
by the department, or both.
(b) A home care organization or a home care aide domestic referral
agency shall not include the following:
(1) A home health agency licensed under Chapter 8 (commencing with
Section 1725).
(2) A hospice licensed under Chapter 8.5 (commencing with Section
1745).
(3) A health facility licensed under Chapter 2 (commencing with
Section 1250).
(4) A person who performs services through the In-Home Supportive
Services program pursuant to Article 7 (commencing with Section
12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95,
14132.952, or 14132.956 of, the Welfare and Institutions Code.
(5) A home medical device retail facility licensed under Section
111656.
(6) 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.
(7) An employment agency, as defined in Section 1812.5095 of the
Civil Code and Section 687.2 of the Unemployment Insurance Code, that
procures, offers, refers, provides, or attempts to provide a
domestic worker, except an employment agency that is a home care aide
domestic referral agency as defined in subdivision (i) of Section
1796.12.
(8) A community care facility licensed pursuant to Chapter 3
(commencing with Section 1500), a residential care facility for
persons with chronic life-threatening illness licensed pursuant to
Chapter 3.01 (commencing with Section 1568.01), a residential care
facility for the elderly licensed pursuant to Chapter 3.2 (commencing
with Section 1569), or a facility licensed pursuant to the
California Child Day Care Facilities Act (Chapter 3.4 (commencing
with Section 1596.70)), which includes day care centers, as described
in Chapter 3.5 (commencing with Section 1596.90), family day care
homes, as described in Chapter 3.6 (commencing with Section 1597.30),
and employer-sponsored child care centers, as described in Chapter
3.65 (commencing with Section 1597.70).
(9) An alcoholism or drug abuse recovery or treatment facility as
defined in Section 11834.02.
(10) A person providing services authorized pursuant to Section
2731 of the Business and Professions Code.
(11) A clinic licensed pursuant to Section 1204 or 1204.1.
(12) A nonrelative extended family member, as defined in Section
362.7 of the Welfare and Institutions Code.
(13) A facility providing home care services in which only Indian
children who are eligible under the federal Indian Child Welfare Act
(25 U.S.C. Sec. 1901 et seq.) are placed and which satisfies either
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.
(14) Any other individual or entity providing services similar to
those described in this chapter, as determined by the director.
(c) In the event of a conflict between this chapter and a
provision listed in subdivision (b), the provision in subdivision (b)
shall control.
SEC. 4. Section 1796.22 of the Health and Safety Code is amended
to read:
1796.22. Any individual who has submitted a home care aide
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 1796.24 of the Health and Safety Code is amended
to read:
1796.24. (a) (1) The department shall establish a home care aide
registry pursuant to this chapter and shall continuously update the
registry information. Upon submission of the home care aide
application and fingerprints or other identification documents
pursuant to Section 1796.22, the department shall enter into the home
care aide registry the person's name, identification number, and an
indicator that the person has submitted a home care aide application
and fingerprints or identification documentation. This person shall
be known as a "home care aide applicant."
(2) A person shall not be entitled to apply to be a registered
home care aide and shall have his or her registration application
returned without the right to appeal if the person would not be
eligible to obtain a license pursuant to Section 1796.40 or 1796.41.
(b) (1) Before approving an individual for registration, the
department shall check the individual's criminal history pursuant to
Section 1522. Upon completion of the searches of the state summary
criminal offender record information and the records of the Federal
Bureau of Investigation, the home care aide applicant shall be issued
a criminal record clearance or granted a criminal record exemption
if grounds do not exist for denial pursuant to Section 1522. The
department shall enter that finding in the person's record in the
home care aide registry and shall notify the person of the action.
This person shall be known as a "registered home care aide." If the
home care aide applicant meets all of the conditions for
registration, except receipt of the Federal Bureau of Investigation's
criminal offender record information search response, the department
may issue a clearance if the home care aide applicant has signed and
submitted a statement that he or she has never been convicted of a
crime in the United States, other than a minor traffic violation. If,
after approval, the department determines that the registrant has a
criminal record, registration may be revoked pursuant to Section
1796.26.
(2) For purposes of compliance with this section, the department
may permit a home care organization applicant, a home care aide
domestic referral agency applicant, a home care organization
licensee, or a home care aide domestic referral agency licensee to
request the transfer of a home care aide's current criminal record
clearance or exemption for a licensed care facility issued by the
department. A signed criminal record clearance or exemption transfer
request shall be submitted to the department and shall include a copy
of the person's driver's license or valid identification card issued
by the Department of Motor Vehicles, or a valid photo identification
issued by another state or the United States government if the
person is not a California resident. Upon request of the licensee or
home care aide applicant, the department shall verify whether the
individual has a clearance or exemption that can be transferred
pursuant to the requirements of this chapter.
(3) The department shall hold criminal record clearances and
exemptions in its active files for a minimum of three years after the
individual is no longer on the registry in order to facilitate a
transfer request.
SEC. 6. 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) (1) Establish and maintain on the
department's Internet Web site the registry of registered home care
aides and home care aide applicants.
(1)
( 2) 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, registration expiration date, and, if applicable, the home
care organization with which the affiliated home care aide is
associated or the home care aide domestic referral agency with which
the independent home care aide is associated.
(2)
(3) 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)
(4) 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.
(4)
( 5) A home care aide may be registered
simultaneously as an affiliated and independent home care aide, and
may be affiliated with more than one home care organization
simultaneously or associated with more than one home care aide
domestic referral agency simultaneously. A registered home care aide
may be affiliated with home care organizations and associated with
home care aide domestic referral agencies simultaneously.
(b) Update the home care registry upon receiving notification from
a home care organization or a home care aide domestic referral
agency that the home care aide is no longer employed by the home care
organization or associated with the home care domestic referral
agency.
SEC. 7. Section 1796.32 of the Health and Safety Code is amended
to read:
1796.32. 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 home care aide domestic referral agency:
(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 a 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. 8. Section 1796.33 of the Health and Safety Code is amended
to read:
1796.33. (a) To obtain a home care organization license or a home
care aide domestic referral agency license, the following individual
or individuals shall consent to the background examination described
in Section 1796.23:
(1) The owner of the applicant, if the owner is an individual.
(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 ownership in that entity
and the chief executive officer or other person serving in a similar
capacity. The department shall not issue a provisional license or
license to any corporate home care organization applicant that has a
member of the board of directors, executive director, or officer who
is not eligible for licensure pursuant to Sections 1796.40 and
1796.41.
(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 pursuant to 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 1522, and a
declaration verifying the person's identity that is signed under
penalty of perjury.
SEC. 9. Section 1796.34 of the Health and Safety Code is amended
to read:
1796.34. (a) A person or a private or public organization, with
the exception of any person who performs in-home supportive services
through the In-Home Supportive Services program pursuant to Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of Division 9
of the Welfare and Institutions Code, or Section 14132.95,
14132.952, or 14132.956 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 licensed
pursuant to this chapter:
(1) Own, manage, or represent himself, herself, or itself to be a
home care organization by name, advertising, soliciting, or any
other presentments to the public, or 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, except 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 aide domestic referral agency:
(1) Represent himself, herself, or itself to be a home care aide
domestic referral agency by name, advertising, soliciting, or any
other presentment to the public, or 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) Include in its name the term "home care aide domestic referral
agency," "home care organization," "home care," "in-home care," or
any combination of those terms.
(c) (1) This section does not apply to a person who performs
in-home supportive services through the In-Home Supportive Services
program pursuant to Article 7 (commencing with Section 12300) of
Chapter 3 of Part 3 of Division 9 of, or Section 14132.95, 14132.952,
or 14132.956 of, the Welfare and Institutions Code.
(2) Subdivision (a) does not apply to a home care aide domestic
referral agency organization.
(3) Subdivision (b) does not apply to a home care organization.
SEC. 10. Section 1796.36 of the Health and Safety Code is amended
to read:
1796.36. (a) A home care organization or a home care aide
domestic referral agency 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 department.
(b) If the home care organization or home care aide domestic
referral agency 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 home
care aide domestic referral agency 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 department.
SEC. 11. Section 1796.37 of the Health and Safety Code is amended
to read:
1796.37. (a) The department shall issue a home care organization
license to a home care organization applicant that satisfies the
requirements set forth in this chapter, including all of the
following:
(1) Files a complete 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) Submits proof of an employee dishonesty bond, including
third-party coverage, with a minimum limit of ten thousand dollars
($10,000). This proof shall be submitted at each subsequent renewal.
(5) Provides the department, upon request, with a complete list of
its affiliated home care aides, and proof that each satisfies the
requirements of Sections 1796.43, 1796.44, and 1796.45.
(6) Passes a background examination, as required pursuant to
Section 1796.33.
(7) Completes a department orientation.
(8) Does not have any outstanding fees or civil penalties due to
the department.
(9) Discloses prior or present service as an administrator,
general partner, corporate officer, or director of, or discloses that
he or she has held or holds a beneficial ownership of 10 percent or
more in, any of the following:
(A) A community care facility, as defined in Section 1502.
(B) A residential care facility, as defined in Section 1568.01.
(C) A residential care facility for the elderly, as defined in
Section 1569.2.
(D) A child day care facility, as defined in Section 1596.750.
(E) A day care center, as described in Chapter 3.5 (commencing
with Section 1596.90).
(F) A family day care home, as described in Chapter 3.6
(commencing with Section 1597.30).
(G) An employer-sponsored child care center, as described in
Chapter 3.65 (commencing with Section 1597.70).
(H) A home care organization licensed pursuant to this chapter.
(10) Discloses any revocation or other disciplinary action taken,
or in the process of being taken, against a license held or
previously held by the entities specified in paragraph (9).
(11) Provides evidence that every member of the board of
directors, if applicable, understands his or her legal duties and
obligations as a member of the board of directors and that the home
care organization's operation is governed by laws and regulations
that are enforced by the department.
(12) Provides any other information as may be required by the
department for the proper administration and enforcement of this
chapter.
(13) Cooperates with the department in the completion of the home
care organization license application process. Failure of the home
care organization licensee to cooperate may result in the withdrawal
of the home care organization license application. "Failure to
cooperate" means that the information described in this chapter and
in any rules and regulations promulgated pursuant to this chapter has
not been provided, or not been provided in the form
requested by the department, or both.
(b) A home care organization licensee shall renew the home care
organization license every two years. The department may renew a home
care organization license if the licensee satisfies the requirements
set forth in this chapter, including all of the following:
(1) Files a complete home care organization license renewal
application, including the nonrefundable fees required pursuant to
Section 1796.49, both of which shall be postmarked on or before the
expiration of the license.
(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) Submits proof of an employee dishonesty bond, including
third-party coverage, with a minimum limit of ten thousand dollars
($10,000).
(5) Does not have any outstanding fees or civil penalties due to
the department.
(6) Provides any other information as may be required by the
department for the proper administration and enforcement of this
chapter.
(7) Cooperates with the department in the completion of the home
care organization license renewal process. Failure of the home care
organization licensee to cooperate may result in the withdrawal of
the home care organization license renewal application. "Failure to
cooperate" means that the information described in this chapter and
in any rules and regulations promulgated pursuant to this chapter has
not been provided, or not provided in the form requested by the
department, or both.
(c) (1) The department shall notify a licensed home care
organization in writing of its registration expiration date and the
process of renewal.
(2) Written notification pursuant to this subdivision shall be
mailed to the registered home care organization's mailing address of
record at least 60 days before the registration expiration date.
(d) The department shall issue a home care aide domestic referral
agency license to a home care aide domestic referral agency applicant
that satisfies the requirements set forth in this chapter,
including, but not limited to, all of the following:
(1) Has filed Files a
complete home care aide domestic referral agency application,
including payment of the fees required pursuant to subdivision (b) of
Section 1796.49.
(2) Has submitted 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) Has submitted Submits evidence
of compliance with the bond requirements in accordance with Section
1812.503 of the Civil Code.
(4) Has provided, Provides, if
requested by the department, a list of independent home care aides
receiving referrals from the home care aide domestic referral agency
and proof that each of them satisfies the requirements of Sections
1796.43, 1796.44, and 1796.45.
(5) The owner or owners of the home care aide domestic referral
agency has passed pass a background
examination pursuant to Section 1796.33.
(6) The applicant is Is
current in full payment of all fees or civil penalties that the
applicant owed the department.
(7) Has completed Completes an
orientation provided by the department.
(8) Has disclosed Discloses prior or
present service as an administrator, general partner, corporate
officer, or director of, or has disclosed
discloses that he or she has held or holds a beneficial
ownership of 10 percent or more in, any of the following:
(A) A community care facility, as defined in Section 1502.
(B) A residential care facility, as defined in Section 1568.01.
(C) A residential care facility for the elderly, as defined in
Section 1569.2.
(D) A child day care facility, as defined in Section 1596.750.
(E) A day care center, as described in Chapter 3.5 (commencing
with Section 1596.90).
(F) A family day care home, as described in Chapter 3.6
(commencing with Section 1597.30).
(G) An employer-sponsored child care center, as described in
Chapter 3.65 (commencing with Section 1597.70).
(H) A home care aide domestic referral agency licensed pursuant to
this chapter.
(9) Has disclosed Discloses any
revocation or other disciplinary action taken, or in the process of
being taken, against a license held or previously held by an entity
specified in paragraph (8).
(10) Has provided Provides evidence
that every member of the board of directors, if applicable,
understands his or her legal duties and obligations as a member of
the board of directors and that the home care aide domestic referral
agency's operation is governed by laws and regulations that are
enforced by the department.
(11) Has provided Provides any other
information required by the department for the proper administration
and enforcement of this chapter.
(12) (A) Has cooperated Cooperates
with the department in the completion of the home care aide domestic
referral agency license application process.
(B) The department may withdraw a home care aide domestic referral
agency license application if the applicant fails to cooperate with
the department in the application process. "Fails to cooperate" means
that the information described in this chapter and in any rules and
regulations adopted pursuant to this chapter has not been provided,
or not provided in the form requested by the department, or both.
(e) A home care aide domestic referral agency licensee shall renew
the home care aide domestic referral agency license every two years.
The department may renew a home care aide domestic referral agency
license if the licensee satisfies the requirements set forth in this
chapter, including, but not limited to, all of the following:
(1) Has filed Files a complete home
care aide domestic referral agency license renewal application,
including payment of the nonrefundable fees required pursuant to
subdivision (b) of Section 1796.49, both of which shall be postmarked
on or before the license expiration date.
(2) Has submitted 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) Is current in payment in full of any fees or civil penalties
due to the department.
(5) Has provided Provides any other
information required by the department for the proper administration
and enforcement of this chapter.
(6) (A) Has cooperated Cooperates
with the department in the completion of the home care aide domestic
referral agency license renewal process.
(B) The department may withdraw an application for a renewal of a
home care aide domestic referral agency license if the applicant
fails to cooperate with the department in the application process.
"Fails to cooperate" means that the information described in this
chapter and in any rules and regulations adopted pursuant to this
chapter has not been provided, or not been provided in the
form requested by the department, or both.
(f) (1) The department shall notify a licensed home care aide
domestic referral agency in writing of its registration expiration
date and the process to renew a license.
(2) Written notification pursuant to this subdivision shall be
mailed to the registered home care aide domestic referral agency's
mailing address of record at least 60 days before the registration
expiration date.
(g) Each home care aide domestic referral agency shall be
separately licensed.
(h) This chapter does not prevent a licensee from obtaining more
than one home care aide domestic referral agency license or obtaining
a home care aide domestic referral agency license in addition to
another license issued by the department, or both.
SEC. 12. Section 1796.38 of the Health and Safety Code is amended
to read:
1796.38. The department may deny an application for licensure or
suspend or revoke any license issued pursuant to this chapter,
pursuant to Sections 1550.5 and 1551 and in the manner provided in
this chapter on any of the following grounds:
(a) Violation by the licensee of this chapter or of the rules and
regulations promulgated under this chapter.
(b) Aiding, abetting, or permitting the violation of this chapter
or of the rules and regulations promulgated under this chapter.
(c) Conduct which is inimical to the health, morals, welfare, or
safety of either an individual receiving home care services or the
people of the State of California.
(d) The conviction of a licensee, or other person mentioned in
Section 1522, at any time before or during licensure, of a crime as
defined in Section 1522.
(e) Engaging in acts of financial malfeasance concerning the
operation of a home care organization or a home care aide domestic
referral agency.
SEC. 13. Section 1796.40 of the Health and Safety Code is amended
to read:
1796.40. (a) (1) If an application for a license under this
chapter indicates, or the department determines during the
application review process, that the home care organization applicant
or the home care aide domestic referral agency applicant was
previously issued a license under this chapter or under Chapter 1
(commencing with Section 1200), Chapter 2 (commencing with Section
1250), Chapter 3 (commencing with Section 1500), Chapter 3.01
(commencing with Section 1568.01), Chapter 3.2 (commencing with
Section 1569), Chapter 3.4 (commencing with Section 1596.70), Chapter
3.5 (commencing with Section 1596.90), Chapter 3.6 (commencing with
Section 1597.30), or Chapter 3.65 (commencing with Section 1597.70),
and the prior license was revoked within the preceding two years, the
department shall cease any further review of the application until
two years have elapsed from the date of the revocation. A home care
organization or a home care aide domestic referral agency is exempt
from the health planning requirements contained in Part 2 (commencing
with Section 127125) of Division 107.
(2) If an application for a license indicates, or the department
determines during the application review process, that the applicant
previously was issued a certificate of approval by a foster family
agency that was revoked by the department pursuant to subdivision (b)
of Section 1534 within the preceding two years, the department shall
cease any further review of the application until two years have
elapsed from the date of the revocation.
(3) If an application for a license indicates, or the department
determines during the application review process, that the applicant
was excluded from a facility licensed by the department pursuant to
Section 1558, 1568.092, 1569.58, or 1596.8897, the department shall
cease any further review of the application unless the excluded
individual has been reinstated pursuant to Section 11522 of the
Government Code by the department.
(b) If an application for a license indicates, or the department
determines during the application review process, that the applicant
had previously applied for a license pursuant to any of the chapters
listed in paragraph (1) of subdivision (a) and the application was
denied within the last year, the department shall cease further
review of the application until one year has elapsed from the date of
the denial letter. In those circumstances in which denials are
appealed and upheld at an administrative hearing, review of the
application shall cease for one year from the date of the decision
and order of the department.
(c) If an application for a license indicates, or the department
determines during the application review process, that the applicant
had previously applied for a certificate of approval with a foster
family agency and the department ordered the foster family agency to
deny the application pursuant to subdivision (b) of Section 1534, the
department shall cease further review of the application as follows:
(1) In cases where the applicant petitioned for a hearing, the
department shall cease further review of the application until one
year has elapsed from the effective date of the decision and order of
the department upholding the denial.
(2) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall cease further review of
the application until one year has elapsed from the date of the
notification of the denial and the right to petition for a hearing.
(3) The department may continue to review the application if it
has determined that the reasons for the denial of the application
were due to circumstances and conditions that either have been
corrected or are no longer in existence.
(d) Cessation of review pursuant to this section does not
constitute a denial of the application.
SEC. 14. Section 1796.41 of the Health and Safety Code is amended
to read:
1796.41. (a) (1) If the department determines that a person was
issued a license pursuant to this chapter or Chapter 1 (commencing
with Section 1200), Chapter 2 (commencing with Section 1250), Chapter
3 (commencing with Section 1500), Chapter 3.01 (commencing with
Section 1568.01), Chapter 3.2 (commencing with Section 1569), Chapter
3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with
Section 1596.90), Chapter 3.6 (commencing with Section 1597.30), or
Chapter 3.65 (commencing with Section 1597.70), and the prior license
was revoked within the preceding two years, the department shall
exclude the person from acting as, and require the home care
organization or home care aide domestic referral agency to remove him
or her from his or her position as, a member of the board of
directors, an executive director, or an officer of a licensee of a
home care organization or a home care aide domestic referral agency
licensed by the department pursuant to this chapter.
(2) If the department determines that a person was previously
issued a certificate of approval by a foster family agency that was
revoked by the department pursuant to subdivision (b) of Section 1534
within the preceding two years, the department shall exclude the
person from acting as, and require the home care organization or home
care aide domestic referral agency to remove him or her from his or
her position as, a member of the board of directors, an executive
director, or an officer of a licensee of, a home care organization or
home care aide domestic referral agency licensed by the department
pursuant to this chapter.
(b) If the department determines that the person had previously
applied for a license under any of the chapters listed in paragraph
(1) of subdivision (a) and the application was denied within the last
year, the department shall exclude the person from acting as, and
require the home care organization or home care aide domestic
referral agency to remove him or her from his or her position as, a
member of the board of directors, an executive director, or an
officer of a licensee of a home care organization or home care aide
domestic referral agency licensed by the department pursuant to this
chapter as follows:
(1) In cases where the home care organization applicant or home
care aide domestic referral agency applicant petitioned for a
hearing, the department shall exclude the person from acting as, and
require the home care organization or home care aide domestic
referral agency to remove him or her from his or her position as, a
member of the board of directors, an executive director, or an
officer of a licensee of, a home care organization or home care aide
domestic referral agency licensed by the department pursuant to this
chapter until one year has elapsed from the effective date of the
decision and order of the department upholding a denial.
(2) In cases where the department informed the home care
organization applicant or home care aide domestic referral agency
applicant of his or her right to petition for a hearing and the home
care organization applicant or home care aide domestic referral
agency applicant did not petition for a hearing, the department shall
exclude the person from acting as, and require the home care
organization or home care aide domestic referral agency to remove him
or her from his or her position as, a member of the board of
directors, an executive director, or an officer of a licensee of, a
home care organization or home care aide domestic referral agency
licensed by the department pursuant to this chapter until one year
has elapsed from the date of the notification of the denial and the
right to petition for a hearing.
(c) If the department determines that the person had previously
applied for a certificate of approval with a foster family agency and
the department ordered the foster family agency to deny the
application pursuant to subdivision (b) of Section 1534, the
department shall exclude the person from acting as, and require the
home care organization or home care aide domestic referral agency to
remove him or her from his or her position as, a member of the board
of directors, an executive director, or an officer of a licensee of,
a home care or home care aide domestic referral agency licensed by
the department pursuant to this chapter and as follows:
(1) If the home care organization applicant or home care aide
domestic referral agency applicant petitioned for a hearing, the
department shall exclude the person from acting as, and require the
home care organization or home care aide domestic referral agency to
remove him or her from his or her position as, a member of the board
of directors, an executive director, or an officer of a licensee of,
a home care organization or home care aide domestic referral agency
licensed by the department pursuant to this chapter until one year
has elapsed from the effective date of the decision and order of the
department upholding a denial.
(2) If the department informed the home care organization
applicant or home care aide domestic referral agency applicant of his
or her right to petition for a hearing and the home care
organization applicant or home care aide domestic referral agency
applicant did not petition for a hearing, the department shall
exclude the person from acting as, and require the home care
organization or home care aide domestic referral agency to remove him
or her from his or her position as, a member of the board of
directors, an executive director, or an officer of a licensee of, a
home care organization or home care aide domestic referral agency
licensed by the department pursuant to this chapter until one year
has elapsed from the date of the notification of the denial and the
right to petition for a hearing.
(d) Exclusion or removal of an individual pursuant to this section
shall not be considered an order of exclusion for purposes of
Section 1796.25 or any other law.
(e) The department may determine not to exclude a person from
acting as or require that he or she be removed from his or her
position as a member of the board of directors, an executive
director, or an officer of a licensee of, a home care organization or
home care aide domestic referral agency licensed by the department
pursuant to this chapter if it has been determined that the reasons
for the denial of the application or revocation of the facility
license or certificate of approval were due to circumstances or
conditions that either have been corrected or are no longer in
existence.
SEC. 15. Section 1796.42 of the Health and Safety Code is amended
to read:
1796.42. (a) A home care organization licensee and a home care
domestic referral agency licensee shall do all of the following:
(1) Post its license, business hours, and any other information
required by the department in its place of business in a conspicuous
location, visible both to clients and registered home care aides.
(2) Report any suspected or known dependent adult or elder abuse
as required by Section 15630 of the Welfare and Institutions Code and
suspected or known child abuse as required by Article 2.5
(commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 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.
(b) In addition to the requirements of subdivision (a), a home
care organization licensee shall do all 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).
(3) Maintain 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.
(4) Report any suspected or known dependent adult or elder abuse
as required by Section 15630 of the Welfare and Institutions Code and
suspected or known child abuse as required by Article 2.5
(commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 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.
(c) In addition to the requirements of subdivision (a), a home
care aide domestic referral agency licensee shall do all of the
following:
(1) Comply with the bond requirements included in Section 1812.503
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 home care aide domestic referral agency) is not the
employer of the domestic worker that it referred to you. Depending on
your arrangement with the domestic worker, you may have employer
responsibilities."
(3) Within three business days after the home care aide domestic
referral agency refers a registered home care aide to the person
seeking home care aide services, that agency shall
mail to the person seeking services the following statement printed
in not less than 10-point type and in bold or italic.
"(Name of the home care aide domestic referral agency) 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 employer responsibilities, including
employment taxes and workers' compensation, under state and federal
law. For additional information contact your local Employment
Development Department office and the federal
Internal Revenue Service. You may request, in writing, for
You may
contact the Employment Development Department at 800-300-5616 or
www.edd.ca.gov. You may contact the federal Internal Revenue Service
at 1-800-829-3676 or www.irs.gov.
If an employment relationship is established
between you and a home care aide referred to you by (name of home
care aide domestic referral agency) you must register with the
Employment Development Department as a household employer within 15
days after you have paid seven hundred fifty ($750) or more in total
cash wages in a calendar quarter to the home care aide. To assist
you, you may request, in writing, that (name of home care aide
domestic referral agency) to provide you with a
statement of payments made on your behalf through the home care aide
domestic referral agency's designated trust account to
assist you. account. (Name of home care aide
domestic referral agency) is a referral agency and does not employ,
control, or train any home care aide it refers."
(4) A home care aide domestic referral agency shall mail to a
client who has not terminated referral services within 14 business
days following mailing of the client disclosure pursuant to paragraph
(3) the following statement printed in not less than 10-point type
and in bold or italic:
"(Name of the home care aide domestic referral agency) is not the
employer of the domestic worker it referred to you. (Name of home
care aide domestic referral agency) is a referral agency and does not
employ, control, or train any home care aide it refers. 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 employer responsibilities, including
employment taxes and workers' compensation, under state and federal
law. For additional information contact your local Employment
Development Department office and the federal Internal Revenue
Service. You may contact the Employment Development Department at
800-300-5616 or www.edd.ca.gov. You may contact the federal Internal
Revenue Service at 1-800-829-3676 or www.irs.gov.
If an employment relationship is established between you and a
home care aide referred to you by (name of home care aide domestic
referral agency) you must register with the Employment Development
Department as a household employer within 15 days after you have paid
seven hundred fifty dollars ($750) or more in total cash wages in a
calendar quarter to the a home care aide. To assist you, you may
request, in writing, that (name of home care aide domestic referral
agency) provide you with a statement of payments made on your behalf
through the home care aide domestic referral agency's designated
trust account."
(4)
( 5) In any paid advertising brochure or the
home care aide domestic referral agency's Internet Web site
promoting the home care aide domestic referral agency'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 home care aide domestic referral agency) is a
referral agency" agency. "
(5)
(6) Provide, upon receipt of a written request from a
client for whom an independent home care aide provided the client
services, up to three years from the date of the request, a statement
of payments made through the agency's designated trust account on
behalf of the client to the registered home care aide.
SEC. 16. Section 1796.43 of the Health and Safety Code is amended
to read:
1796.43. (a) A home care organization that employs an affiliated
home care aide or a home care aide domestic referral agency that
refers a home care aide shall ensure the home care aide is cleared on
the home care aide registry before placing the individual in direct
contact with a client. In addition, the home care organization or
home care aide domestic referral agency 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 Sections 1796.23, 1796.24, 1796.25,
1796.26, and 1796.28 before there is contact with clients or
prospective clients or access to confidential client information.
(2) Require home care aides to demonstrate that they are free of
active tuberculosis disease, pursuant to Section 1796.45.
(3) Immediately notify the department when the home care
organization no longer employs an individual as an affiliated home
care aide, or a home care aide domestic referral agency removes an
independent home care aide from its referral list.
(b) This section shall not prevent a licensee from requiring a
criminal record clearance of any individual exempt from the
requirements of this section.
SEC. 17. Section 1796.44 of the Health and Safety Code is amended
to read:
1796.44. (a) A 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 home
care aide domestic referral agency 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) How to provide for and respond to a client's daily living
needs.
(3) How to report, prevent, and detect abuse and neglect.
(4) How to assist a client with personal hygiene and other home
care services.
(5) If transportation services are provided, how to safely
transport a client.
(d) (1) An independent home care aide who is being referred by a
home care aide domestic referral agency shall do all of the
following:
(A) Annually complete a proficiency exam that includes all of the
following topics:
(i) Client rights and safety.
(ii) Providing and responding to daily living needs.
(iii) Detecting, reporting, and preventing abuse and neglect.
(iv) Assisting with personal hygiene.
(v) Safely transporting clients, if transportation services are
provided by the registered home care aide.
(B) Provide verifiable references demonstrating that the home care
aide has the necessary 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 a prospective
client.
(3) The proficiency exam provided shall include home care services
related topics described in this subdivision and may be provided
through an online proficiency examination or a written proficiency
examination.
(e) The entry-level training and annual training 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. 18. Section 1796.45 of the Health and Safety Code is amended
to read:
1796.45. (a) Affiliated home care aides hired on or after
January 1, 2016, or a registered home care aide entering into an
agreement with a home care aide domestic referral agency after
January 1, 2016, shall submit 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 the licensee obtains documentation
from a licensed medical professional that there is no risk of
spreading the disease.
(c) 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.
(d) After each examination, a home care aide shall submit, and the
home care organization or home care aide domestic referral agency
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.
(e) 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 home care aide domestic referral agency.
(f) 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 home care aide domestic referral agency 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 home
care aide domestic referral agency that previously had an agreement
with him or her that the home care organization or home care aide
domestic referral agency has a certificate on file that contains that
showing and a copy of the certificate is provided to the new home
care organization or to the home care aide domestic referral agency
prior to the affiliated home care aide beginning employment or prior
to a referral of the independent home care aide by the home care aide
domestic referral agency.
SEC. 19. Section 1796.47 of the Health and Safety Code is amended
to read:
1796.47. (a) (1) Administration of this program shall be fully
supported by fees and not civil penalties. Initial costs to implement
this chapter may be provided through a General Fund loan that is to
be repaid in accordance with a schedule provided by the Department of
Finance. The department shall assess fees for home care organization
and home care aide domestic referral agency licensure, and home care
aide registration related to activities authorized by this chapter.
The department may adjust fees as necessary to fully support the
administration of this chapter. Except for General Fund moneys that
are otherwise transferred or appropriated for the initial costs of
administering this chapter, or penalties collected pursuant to this
chapter that are appropriated by the Legislature for the purposes of
this chapter, no General Fund moneys shall be used for any purpose
under this chapter.
(2) A portion of moneys collected in the administration of this
chapter, as designated by the department, may be used for community
outreach consistent with this chapter.
(b) The Home Care Fund is hereby created within the State Treasury
for the purpose of this chapter. All licensure and registration fees
authorized by this chapter shall be deposited into the Home Care
Fund, except the fingerprint fees collected pursuant to Section
1796.23, which shall be deposited into the Fingerprint Fees Account.
Moneys in this fund shall, upon appropriation by the Legislature, be
made available to the department for purposes of administering this
chapter.
(c) Any fines and penalties collected pursuant to this chapter
shall be deposited into the Home Care Technical Assistance Fund,
which is hereby created as a subaccount within the Home Care Fund.
Moneys in the Home Care Technical Assistance Fund shall, upon
appropriation by the Legislature, be available to the department for
the purposes of providing technical assistance, training, and
education pursuant to this chapter.
SEC. 20. Section 1796.49 of the Health and Safety Code is amended
to read:
1796.49. (a) A home care organization licensee shall pay the
following fees:
(1) A nonrefundable 24-month initial license fee, as prescribed by
the department, for a licensee not currently licensed to provide
home care services in the state.
(2) A two-year nonrefundable renewal fee, as determined by the
department, based on the number of full-time equivalents (FTEs),
including paid personnel or contractors needed to oversee the
enforcement of this chapter.
(3) Other reasonable fees as prescribed by the department
necessary for the administration of this chapter.
(b) A home care aide domestic referral agency licensee shall pay
the following fees to the department:
(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 home care aide domestic referral
agency 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.
(c) The fees collected shall be deposited into the Home Care Fund
pursuant to subdivision (b) of Section 1796.47, except the
fingerprint fees collected pursuant to Section 1796.23, which shall
be deposited into the Fingerprint Fees Account.
SEC. 21. Section 1796.51 of the Health and Safety Code is amended
to read:
1796.51. To carry out the provisions of this chapter, the
department may establish procedures for the receipt, investigation,
and resolution of a complaint against a home care organization or
home care aide domestic referral agency.
SEC. 22. 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 a complaint filed against a home care
organization or home care aide domestic referral agency regarding
violations of this chapter or any rules or regulations promulgated
pursuant to this chapter.
(b) The department shall verify through random, unannounced
inspections that a home care organization or home care aide domestic
referral agency meets the requirements of this chapter and the rules
and regulations promulgated pursuant to 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 home care aide domestic referral agency. An
organization's or agency's refusal to make records, books, or
premises available shall constitute cause for the revocation of the
organization's or agency's license.
(d) Other than maintaining the home care registry, the department
shall have no oversight responsibility regarding registered home care
aides.
(e) Upon receipt of a report of suspected or known abuse, as set
forth in subdivision (e) of Section 1796.42, the department shall
cross-report the suspected or known abuse to local law enforcement
and Adult Protective Services if the alleged victim is 18 years of
age or older, or local law enforcement and Child Protective Services
if the alleged victim is under 18 years of age. Other than the
cross-reporting required by this subdivision, the department shall
not be required to investigate suspected or known abuse or have other
responsibilities related to the suspected or known abuse. This
subdivision shall not supersede the existing duty of home health
aides and home health agencies as mandated reporters to report
directly to local law enforcement or county adult protective services
pursuant to Section 15630.
SEC. 23. Section 1796.55 of the Health and Safety Code is amended
to read:
1796.55. (a) A home care organization or home care aide domestic
referral agency that operates in violation of any requirement or
obligation imposed by this chapter or any rule or regulation
promulgated pursuant to 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 home care aide domestic referral agency is in violation of this
chapter or any rules or regulations promulgated pursuant to 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 pursuant to
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 pursuant to 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.
(d) The department shall adopt regulations establishing procedures
for notices, correction plans, appeals, and hearings.
SEC. 24. Section 1796.61 of the Health and Safety Code is amended
to read:
1796.61. (a) This chapter shall be implemented on January 1,
2016.
(b) A home care organization applicant, home care aide domestic
referral agency applicant, and home care aide applicant who submits
an application prior to January 1, 2016, shall be authorized to
provide home care services without meeting the requirements of
Section 1796.45, provided the requirements of that section are met no
later than July 1, 2016.
(c) An applicant described in subdivision (b) shall meet all the
requirements of this chapter no later than July 1, 2016, in order to
continue to provide home care services.
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.