BILL NUMBER: AB 782 INTRODUCED
BILL TEXT
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 introduced, 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.
(i)
(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,
which that includes all of the
following: the individual's name, registration number,
registration status, registration expiration date, and, if
applicable, the one or both of the following:
(1) The home care organization
to which or organizations that 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.
(j)
(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.
(k)
(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.
( l )
(p) "Home care organization application"
means the official form, designated by the department, to request to
become a licensed home care organization.
(m)
(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.
(n)
( 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.
(o) "Registered home care aide" means an affiliated home care aide
or independent home care aide, 18 years of age or older, who is
listed on the home care aide registry.
(p)
(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, (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 home care organization
license or obtaining a home care organization
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, Code and Section 687.2 of the
Unemployment Insurance Code, that procures, offers, refers,
provides, or attempts to provide an independent home care
aide who provides home care services clients. a
domestic worker, except an employment agency that is a home care ai
de 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 or
applicant, a home care aide domestic referral agency applicant,
a home care organization licensee
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) Establish and maintain on the department's Internet Web site
the registry of registered home care aides and home care aide
applicants.
(1) 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) 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) 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) 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 that an affiliated
or a home care aide domestic referral agency that the
home care aide is no longer employed by the home care
organization. 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. Any 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: 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. In order to (a)
To obtain a home care organization license,
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:
(a)
(1) The owner of the home care organization,
applicant, if the owner is an individual.
(b)
( 2) If the owner of a home care
organization 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 (b),
(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
herself, or itself to be a home care organization by
name, advertising, soliciting, or any other presentments to the
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) This section does not apply to either of the following:
(1) 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, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and
Institutions Code.
(2) An employment agency, as defined in Section 1812.5095 of the
Civil Code, that procures, offers, refers, provides, or attempts to
provide an independent home care aide who provides home care to
clients.
(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 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
an affiliated 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 an affiliated
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 may 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 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 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 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 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 evidence of compliance with the bond
requirements in accordance with Section 1812.503 of the Civil Code.
(4) Has provided, 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 a background examination pursuant to Section
1796.33.
(6) The applicant is current in full payment of all fees or civil
penalties that the applicant owed the department.
(7) Has completed an orientation provided by the department.
(8) Has disclosed prior or present service as an administrator,
general partner, corporate officer, or director of, or has disclosed
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 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 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 any other information required by the department
for the proper administration and enforcement of this chapter.
(12) (A) Has cooperated 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 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 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 any other information required by the department
for the proper administration and enforcement of this chapter.
(6) (A) Has cooperated 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 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.
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 home care
organization 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. All
A home care organizations are
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
home care organization 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
home care organization 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
home care organization 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
home care organization 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 home care organization
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 home care
organization applicant of his or her right to petition for
a hearing and the home care organization 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
any a home care organizations
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, any
a home care organizations
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 any a home
care organizations 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, any
a home care organizations
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, any
a home care organizations
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, any
a home care organizations or home care
aide domestic referral agency licensed by the department
pursuant to this chapter and as follows:
(1) In cases where the 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, any a home
care organizations 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 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,
any a home care organizations
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, any a home care
organizations 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:
(a)
(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 affiliated
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:
(b)
(1) Maintain and abide by a valid workers' compensation
policy covering its affiliated home care aides.
(c)
(2) Maintain and abide by an employee dishonesty bond,
including third-party coverage, with a minimum limit of ten thousand
dollars ($10,000).
(d)
( 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.
(e)
(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
Sections 11164 to 11174.3, inclusive, 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 and the Internal Revenue Service. You may
request, in writing, for (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. (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) 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"
(5) 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) Home A home care
organizations organization that
employ employs an affiliated home care
aides aide or a home care aide domestic
referral agency that refers a home care aide shall
ensure the affiliated home care aides are
aide is cleared on the home care aide registry
before placing the individual in direct contact with
clients. 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 of a
home care organization 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. 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, provided that the individual
has client contact 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 this section.
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.
(d)
(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
an affiliated 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, an affiliated
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 an affiliated
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, an affiliated
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 affiliated 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) An affiliated 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
affiliated 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 that it
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.
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.
(b)
(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. In order to To carry out
the provisions of this chapter, the department may establish
procedures for the receipt, investigation, and resolution of
complaints a complaint against a
home care organizations. 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 complaints a complaint
filed against a home care organizations
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. organization or home care aide domestic
referral agency. A home care An
organization's or agency's refusal to make
records, books, or premises available shall constitute cause for the
revocation of the home care 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 ho me 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) Home A home care organization
applicants applicant, home care aide domestic
referral agency applicant, and home care aide
applicants applicant who submit
applications 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) The applicants 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.