Home Care Aides Must Register With New State Agency No Later Than March 1, 2016

New California law, effective January 1, 2016, requires all home care organizations (HCOs) to be licensed and to register all of their home care aides (HCAs) with the state. See our blog “Caregivers Agencies Must Comply With Home Care Services Consumer Protection Act or Cease Operation” describing the Home Care Services Consumer Protection Act (HCSCPA).

The HCSCPA required all Home Care Organizations (HCO) to submit by December 31, 2015 to the new Home Care Services Bureau (Bureau) a “notice of intent” to apply for such licensing.

This new law also requires HCOs to submit the actual application for licensing by March 1, 2016. No HCO is authorized to operate without a Bureau-issued license after July 1, 2016.

The HCSCPA did not include a specific deadline date for HCAs listed in an HCO’s Notice of Intent to file registration forms. However, such aides are required to file within 60 days of the “Home Care Aide Registry” going live online. The Registry went live January 1, 2016. The HCA registration filing deadline, 60 days from that date, is thus March 1, 2016.

Home Care Aide registration requires completion and submission to the Bureau of three forms: HCS 100 – Application for Home Care Registration ; LIC 508 – Criminal Record Statement ; and HCS 9163 – Request for LiveScan Services (fingerprinting form).

This new law and the Bureau procedures to administer are detailed, covered in the Bureau’s 80 page booklet available online. This publication includes sections on civil penalties starting at page 31. Such penalties include a possible $900 per day fine for operation without a license. Operators of unlicensed facilities are also subject to criminal prosecution.

To date, we have found no guidance from the Bureau on the consequence of an HCO having missed that December 31, 2015 notice of intent deadline. However, good sense would indicate that: a) now filing that notice as soon as possible is better than not filing it at all; and b) not waiting until the last minute on March 1 to file the HCO licensing application and HCA registrations is preferred.

Our office is available to assist HCO owners and managers navigate these new legal requirements. Please contact Tim Bowles, Cindy Bamforth, or Helena Kobrin for more information.

Helena Kobrin, January 22, 2016