On October 13th, California Governor Jerry Brown signed the Home Care Services Consumer Protection Act of 2013 (AB 1217). This Act applied to all home care agencies who provide non-medical services to clients who, perhaps because of advanced age or physical or mental disability cannot perform activities of daily living (ADL). It mandates the licensure and regulation of home care organizations, as defined by the State Department of Social Services, and the registration of home care aides (HCA) A.K.A. caregivers.

When Did This Go Into Effect?

This Act went into effect and became law on January 1, 2016.

What is Included in the Act?

This legislation requires agencies to:

• List HCAs in an online registry
• Conduct background checks on HCAs
• Provide five (5) hours of training for new

hires

• Fingerprint HCAs for criminal background

checks

• Obtain a license from the state certifying

their compliance with basic standards

How does this affect a person looking for home care?  

This Act was created to regulate home care organizations (HCO) to provide you with more security and higher standards of care and safety when you hire their services.  The state has an online registry of all licensed HCOs which shows you information like contact numbers, website, office locations; including more details about citations, inspections, and complaints. This registry is intended to help individuals like you and your family learn more about an HCO you might be considering. The law also requires that all caregivers employed by HCOs be registered as home care aides (HCA) and comply with all HCA requirements.

What happens if an agency I am considering is not licensed?

To protect consumers, agencies that are not licensed by the California Department of Social Services are not legally allowed to provide care until their license is approved. As with any violations of a law, there are penalties that will be imposed on agencies that are non-compliant.

Penalties include:

• $900 fine per day for each day if not licensed by 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 Act.

–  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.**

**For more information on AB 1217, refer to the California Legislative Information website: https://leginfo.legislature.ca.gov/

Note that the information provided in this article is strictly for educational purposes and is not intended to serve as legal advice, either expressed or implied. For all employment regulations, it is strongly recommended that you consult with your legal counsel.

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