HOME CARE SERVICES CONSUMER PROTECTION ACT OVERVIEW

California law established the Home Care Services Consumer Protection Act which, as of January 2016, requires Home Care Organizations to be licensed and creates a public online registry for Home Care Aides who have been background checked. This law is intended to promote consumer protection for elderly and disabled individuals who hire private aides to come into their homes and provide assistance with activities of daily living.

Currently implementation of this law is underway in the newly formed Home Care Services Bureau which will oversee the licensing and oversight of the Home Care Organizations, the application process for the Home Care Aides, and the maintenance of the Registry. The Caregiver Background Check Bureau will oversee the criminal background checks.

Please click the link to view Assembly Bill 1217.


REGULATIONS

The Department has issued emergency regulations to implement the law, which contain the written processes, standards, and requirements. Prior to the release of these regulations, the Department used Written Directives, all versions can be found below:

Regulations: Effective January 1, 2018

Previous Written Directives:

Version 5: Effective October 1, 2017

Version 4.1: Effective February 15, 2017

Version 4: Effective December 1, 2016

Version 3: Effective July 1, 2016

Version 2: Effective January 1, 2016

Version 1: Effective January 1, 2016


AB 2455: DISCLOSURE OF HCA PERSONAL INFORMATION

For all new registrations and renewals starting July 1, 2019, the Department is required to provide the name and telephone numbers of Registered HCAs who do not opt-out of this requirement to labor organizations when the labor organization asks for the information. This means that if you do not opt-out of this requirement, your full name and any telephone numbers on file with the Department may be released to a labor organization.

The law states that the labor organization can only use your information for employee organizing, representation, and assistance activities and it also states that the labor organization cannot disclose your information to any other party. However, the Department has no authority over labor organizations or control over what they do with the information.Additionally, if you opt-in at any point during your registration, there is a chance that your name and phone numbers may be provided to a labor organization and the Department cannot retract any personal information once it has been released to the labor organizations.

Please click the link to view AB 2455.


PROVIDER INFORMATION NOTICES

The Community Care Licensing Division (CCLD), including the Home Care Services Bureau (HCSB), uses Provider Information Notices (PINs) to formally communicate important license-related information to licensed providers. Each PIN is catalogued numerically by year, sequential order of PIN release, and applicable program acronym.

Please click the link to view HCSB's PINs.