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

BOSTON—State Senator Jason Lewis, House Minority Leader Bradley H. Jones Jr., and State Representative Richard Haggerty 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.

Subscribe

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.

"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."

"Without having a formal licensing process in place, it is extremely difficult to guarantee that home care agencies are providing quality services to their clients and not exposing them to unnecessary risks," said House Minority Leader Bradley H. Jones, Jr. "By implementing enhanced state oversight of the industry through licensing and training, this new law will not only provide employees with a safer work environment but also will help ensure clients are receiving the level of care and services they expect and deserve."

"When folks welcome a home care worker into their home, they should be able to trust the agency sending them meets real standards of quality and safety," said Representative Richard Haggerty. "This bill builds on the major Long-Term Care reform law we passed last session, strengthening home care as another important piece of how the Commonwealth continues to take steps to make sure care of older adults and people with disabilities is safe, reliable, and there when they need it. The legislation helps create a licensing system that includes background checks, proper training, and accountability, so people can receive care safely in their own homes with peace of mind, and the workers supporting them are protected on the job. It also establishes commissions on supporting family caregivers and making long-term care more affordable, work that grows more important as our population ages."

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.