California's Home Care Services Consumer Protection Act (AB 1217) Becomes Law
Questions about the AB 1217 Act
When does it go into effect?
Home care organizations and aides have until January 1, 2015 to comply with the new requirements according to the Act. Governor Jerry Brown has asked for a delay in putting the legislation into place until January 2016.
Who does it affect?
The Act will apply to California agencies that provide home care services to consumers. Home care services as related to this Act include non-medical services and assistance provided by a registered home care aide to a client who, perhaps 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, shopping, feeding, exercising, and personal hygiene and grooming.
What is included in the Act?
This legislation requires agencies to:
- List aides in an online registry
- Conduct background checks on workers
- Provide 5 (five) hours of training for new hires; and
- Obtain a license from the state certifying their compliance with basic standards
- Fingerprint home care aides
What are the penalties?
Penalties include, but are not limited:
- $900 fine per day for each day if not licensed by the Department of Social Services
- Attorney General may:
- Issue a cease and desist order, which shall remain in effect until the individual or entity has obtained a license pursuant to this chapter.
- Impose the civil penalty; or
- Bring an action against the individual or entity under Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.
What can agencies do?
Review the Act and discuss with a legal counsel on the requirements of the Act and determine what an agency can do to comply with the new legislation.