Malden Delegation and Mass. Legislature Bring Oversight to Massachusetts’ Unregulated Home Care Industry

BOSTON—State Representatives Kate Lipper-Garabedian, Paul Donato, and Steven Ultrino and State Senator Jason Lewis joined their colleagues in the Massachusetts Legislature to pass legislation that establishes a licensure process for home care agencies to ensure that consumers receive quality non-medical services and that home care workers are protected.

An Act to improve Massachusetts home care creates a new licensing and oversight process for home care agencies whose staff provide care such as dressing, meal preparation, bathing, companionship, and other tasks that help residents safely age in place.

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The legislation ensures the safety and security of residents who rely on home care workers, who often provide significant support to not only the individuals utilizing their services but to their families as well.

"As the former Vice Chair of the Joint Committee on Aging and Independence, I'm delighted that the legislature this session has built on the long-term care law that I filed and championed last session with Chair Stanley, establishing enhanced protections for nursing home residents and workforce and expanding healthcare services in assisted living residences. I also worked closely on the home care licensing law and am thrilled to support its enactment to address the full continuum of care for older adults," said House Chair Kate Lipper-Garabedian. "Older adults want to age at home, and demand is increasing as our population ages. The legislation will enhance consumer protections for older adults and their families by increasing quality of care expectations and heightening transparency. The legislature further acknowledges the dignity of home care workers by codifying important workplace protections."

"This bill establishes new accountability measures to help elderly residents continue to safely live in their homes," said Senator Jason Lewis. "Consistent standards through the licensure system and new oversight from the executive branch will protect residents as well as home care workers."

"I am thrilled we were able to pass this important legislation for the Home Care Industry in Massachusetts," said House Second Assistant Majority Leader Paul Donato. "This bill is necessary to continue to work with staff and employees in these agencies to make sure they are fairly compensated and appreciated."

"By establishing clear standards and accountability for home care agencies, this legislation helps ensure that residents receive quality care while protecting the workers who provide these essential services," said House Chair Steven Ultrino. "These protections will give families greater confidence and help residents maintain their independence at home."

The bill tasks the Executive Office of Health and Human Services with implementing the licensure process and grants them the authority to approve licenses, survey and investigate home care agencies, and impose fines when appropriate.

Home care agencies will now be required to disclose anyone with at least a 5 percent ownership interest in the agency, carry workers compensation and liability insurance, and provide appropriate levels of training for their employees.

Highlights of the home care licensure legislation include:

• Establishing a licensure process for home care workers which includes background checks, driving records, and annual training and competency requirements that cover confidentiality rights, emergency situations, documents changes in care, and more.
• Developing oversight to promote transparency and accountability by requiring that the executive branch establish standards for consumer-specific service contracts and quality metrics for monitoring home care agency performance as well as authorizing them to investigate home care agencies for compliance and impose fines for violations.
• Ensuring workforce protections by establishing clear procedures to ensure home care workers have safe working conditions, adequate training, and a process for submitting complaints as well as requiring licensed home care agencies to provide adequate equipment and supplies and have coverage for worker's compensation and liability insurance.
• Analyzing progress and preparing for future modernization by establishing special commissions and advisory councils to review and develop new policies relating to home care licensure, family caregiving, and the idea of a possible state program which people could pay into and from which older and retired adults could receive long-term services or support.

After passing in both the Senate and the House of Representatives, Governor Maura Healey signed the bill into law on August 7, 2026.