ALABAMA

ARIZONA

CALIFORNIA

CONNECTICUT

FLORIDA

GEORGIA

ILLINOIS

MASSACHUSETTS

MICHIGAN

SOUTH CAROLINA

NEW JERSEY

VIRGINIA

NEW YORK

WASHINGTON

OHIO

WISCONSIN

California

(Full-time legislature)
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• SUPPORT Assembly Bill 2643, Domestic Referral Agencies – prohibits domestic referral agencies (DRAs) from operating like Home Care Companies
  • No substantive language, but this is a vehicle for amending the Civil Code to provide that seniors must compensate the domestic worker directly rather than through the DRA​
• SUPPORT Assembly Bill 2069, An act creating a scholarship program for “students to be used for home care aid or home health training programs”
  • In Senate Committee on Health
• Regulatory update: Working with the California Dept. of Social Services to improve "Guardian," the data system that manages the background check process for all licensed care, including the Home Care Aide Registry.
  

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Connecticut

(Legislative Session dates: February 9 – May 4)
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​Regulatory update: Thanks to the passage of SB5781, the word "care" may now be used by providers in their business names and promotional materials so long as the term "non-medical" conspicuously precedes it.

Florida

​​(Adjourned on March 14)

Regulatory update: ​On Tuesday, August 9, 2022, the Agency on Healthcare Administration (AHCA) held a rule workshop to discuss rule revisions based on the changes in law related to nurse delegation, caretaker training, and medication administration over the past 3 years.

Specifically, AHCA is seeking to create new rules within Chapter 59A-8 governing training and delegation of tasks by RNs to home health agency staff. Rule 59A-8.0097 establishes training and validation requirements for home health aides and certified nursing assistants (CNAs). Rule 59A-8.0216 establishes criteria for the delegation of tasks by a registered nurse (RN) and supervisory requirements for home health aides and CNAs. Rule 59A-8.0219 establishes procedures for the administration of medication by home health aides and CNAs to home health agency personnel.
 
Regulatory update: During HCAOA's Florida Chapter meeting on August 11, 2022, AHCA shared draft forms of their proposed HHA Non-Skilled Initial Licensure and HHA Non-Skilled Relicensure survey documents. Our members shared their thoughts on the drafts with a Deputy Secretary at AHCA, who stated that their input would be considered in the final survey documents.

​Regulatory issue: ​Wages for direct care workers of providers who participate in Florida’s Medicaid Program have been raised due to an increase in the recently passed state budget and the impact of Florida’s $15 an hour minimum wage law. These rates will be posted here when available. HCAOA and its partners in Florida have expressed our concern that many providers may not be able to continue to provide this type of care if rates remain low.

Georgia

 (Legislative Session dates: January 10 – March 31)
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• SUPPORT House Bill 911, General appropriations bill.
  • Passed both Senate and House, signed by Governor Kemp on May 12, 2022.
  • Includes a line item added to the Medicaid Elderly and Disabled by the House Appropriations Health Subcommittee for $2 million to increase the reimbursement rate for HCBS providers to cover the added costs of fingerprinting.
• SUPPORT House Bill 1520, Creates Georgia Council on Addressing Health Care Workforce Challenges
  • Passed by House, but died in the Senate.
  • Original version failed to include HCBS providers, but Rep. Jesse Petrea, HCAOA Board Member, was instrumental in getting HCBS providers on the 27-member council, plus a permanent subcommittee to focus entirely on HCBS provider workforce needs.
• SUPPORT Senate Bill 610, Requires Dept. of Community Health to Study HCBS Rates by 2024 and every 3 years thereafter
  • Passed by Senate and House, signed by Governor Kemp on May 9, 2022. Thanks to the advocacy of the Georgia Chapter, all HCBS waivers, including the GAPP waiver, will be part of this rate study.
• SUPPORT House Bill 1304, The Georgia Caregivers Act
  • Passed by the House and Senate, signed by Governor Kemp on May 6, 2022.
  • Addresses discharge procedures following medical procedures to assure that a caregiver is identified and trained specifically to the needs of the patient​​
    

Illinois

(Full-time legislature)

​Regulatory issue: ​Recently, revisions to 77 Ill. Adm. Code 245 – Home Health, Home Services, Home Nursing Licensing Code were issued. The Chapter has drafted a letter to the Department of Public Health outlining our thoughts, both positive and negative, about the new rules. When the letter has been sent, it will be posted here.

Michigan

(Full-time legislature)

SUPPORT House Bill 6371 - Ensures that providers who care for those who are injured in catastrophic auto accidents are reimbursed according to the worker's comp fee schedule.

SUPPORT all other attempts to initiate legislation to fix automobile no-fault insurance reform that cut rates by 45%. The Legislature is back in session for three days in late September. HCAOA remains in ongoing discussions with the Speaker's office as well as members of the Senate on new bill language that will allow our agencies to continue to care for those catastrophically injured in car accidents.
 
Regulatory issue: Working with Michigan Department of Health and Human Services to build a foundation of support to raise Michigan’s Medicaid reimbursement rate.
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New Jersey

(Full-time legislature)
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SUPPORT Assembly Bill 3175 - Provides $3,000 gross income tax deduction for certain taxpayers providing home care for an elderly relative.

OPPOSE/AMEND Assembly Bill 822 / Senate Bill 723 - The NJ Domestic Workers' Bill of Rights Act provides for mandatory written agreements and many other inflexible provisions that ignore protections that already exist for workers and underestimate how much the legislation would overburden home care agencies that provide invaluable jobs and economic revenue. HCAOA has partnered with the NJBIA to amend the bill so that it does not place further strain on an industry already grappling with a severe workforce shortage.
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Ohio

(Full-time legislature)
 
Regulatory issue: At long last, the Ohio Department of Health (ODH) released draft rules regulating and requiring licenses for non-medical home health agencies. These rules can be accessed here. HCAOA has been working with ODH every step of the way and are continuing to provide feedback on the draft rules. Questions on the draft rules may be submitted to: liccert@odh.ohio.gov.

Regulatory issue: The Ohio Department of Health has released the Non-medical Home Health Services License application. It can be viewed here.
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Pennsylvania

(Full-time legislature)

SUPPORT House Bill 2779 - Establishes a fund to provide lifetime benefits (indexed to inflation) to eligible beneficiaries for long-term care services. Services could include respite care, in-home caregiving, time in a nursing home or assisted living facility, home modifications such as constructing a wheelchair ramp, and other elderly care expenses.​

South Carolina

(Full-time legislature)
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Regulatory issue: HCAOA and its members are engaged with the Department of Health and Environmental Control (DHEC) on Certificate of Need issues as well as the need to further sharpen the distinctions between in-home care services and home health services.
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For example, clarity has been reached for those home care agencies that also provide private duty nursing (PDN). Agencies that offer both home care and PDN must maintain separate lines of business between the two services. Records should be easily distinguishable and able to be presented as one service or the other and should not be combined.

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