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
Fingerprint HCAs for criminal background
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.
$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.**
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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The health care or medical information provided on 1Heart Caregiver Services is, at best, of a general nature and cannot replace the advise of a health care/medical professional. 1Heart Caregiver Services will not take responsibility for the results or consequences in attempting to use or adopt any information presented in its blog articles.
Belina C. Nernberg
Belina Calderon-Nernberg is the CEO and founder of 1Heart Caregiver Services. Recently offering 1Heart franchise business opportunities to the public, Belina provided the vision, leadership, and direction that the company needed to achieve its goal of making a positive difference in the homecare industry. As her greatest accomplishment, the company is now equipped with the expertise to expand its business operations to different States in the U.S. Belina brings with her a corporate experience of 25 years, with 15 solid years of experience as CEO of an employment agency and a senior care service company in Southern California. Belina has a Bachelor’s degree in Economics from the University of St. La Salle, Philippines. She has been the recipient of several awards given to emerging leaders in business, community service, arts, and entertainment. She has also been honored as an Ambassador of Goodwill by the HiFi (Historic Filipinotown) Neighborhood Council. This title is bestowed to carefully selected Filipino-Americans who are persons of integrity who have the ability “to promote, reach out, influence and mobilize public interest and support of the ideals, values, principles, and programs of the Historic Filipinotown.