The Home Care Consumer Protection Act requires all In-Home Care Companies or Home Care Organization (HCO) to be licensed by the Home Care Services Bureau. A Home Care Organization is an entity that arranges for home care services by an affiliated Home Care Aide or Caregivers to a client. This entity can be an individual who is 18 years of age or older, firm, partnership, corporation, Limited Liability Company, joint venture, association, etc.
There are 3 components which an HCO must comply with. First all entities must obtain licensure. Second, employers must make sure all of their employees comply with the requirements of AB 1217. Although the requirements are the responsibility of the caregiver or home care aide the HCO must make sure their employees have met the requirements before they are placed in contact with a client. Finally, all HCOs must meet the business operation requirements set forth by AB 1217. You can read more about each of these components below.
To achieve licensure there are several steps which an HCO will have to take. To apply for a license to operate a HCO, please complete the following steps:
- Review the HCS 281 for application instructions. Read these carefully, there is a lot of information and detailed directions in the application instructions.
- Complete your application forms in Section A with all required documentation
- Complete the application forms in Section B and compile all the supplemental documents.
- Mail the completed application with appropriate application fees to the Home Care Service Bureau.
For more detailed Home Care Organization Licensure information you can visit the CDSS website at
Although employees are responsible for meeting the requirements of AB 1217 an HCO who employs any Caregiver or Home Care Aide must make sure that their employee has meet the the requirements of AB 1217 and is placed on the Home Care Aide registry before they have direct contact with or provide service to a client.
An home care aide (HCA) shall meet the requirements of AB 1217 in addition to completing a minimum of five hours of entry-level training prior to presence with a client, as follows:
- Two hours of orientation regarding his or her role as caregiver and the applicable terms of employment.
- Three hours of entry level training which should consist of:
- Safety training, including basic safety precautions
- Emergency procedures
- Infection control.
- HCA shall prove that they are free of active Tuberculosis either through a negative TB skin test or through chest X-ray. TB clearance must be provided to the employer with in 7 days of employee's hire date or 90 day prior to the date of hire.
- HCAs are required to provide ongoing TB clearance at least once every 2 years.
- Home Care Organization must keep a copy on file of the TB clearance and make sure clearance is provided by the HCA every 2 years. The examination is a condition of initial and continuing employment at the HCO.
- HCAs shall be mandated reports and sign SOC 341A which is a signed statement acknowledging requirement to report suspected abuse of dependent adults or elders.
- HCA must submit an application (HCS 100) for HCA registration to HCSB with the application fee and the signed criminal record statement (LIC 508)
- HCA shall submit finger prints for live scan clearance (LIC 9163)
In addition to the entry level training requirements a home care aide shall complete a minimum of five hours of annual training. The annual training shall relate to core competencies and be population specific, which shall include, but not be limited to, the following areas:
- Clients’ rights and safety
- How to provide for, and respond to, a client’s daily living needs
- How to report, prevent, and detect abuse and neglect
- How to assist a client with personal hygiene and other home care services
- If transportation services are provided, how to safely transport a client
As well as achieving an Home Care Organization license, an HCO will have to meet business operation regulations of AB 1217. HCOs licensees shall do all of the following:
- Post its license, business hours, and any other information required by the department in its place of business in a conspicuous location, visible both to clients and affiliated home care aides.
- Maintain and abide by a valid workers’ compensation policy covering its affiliated home care aides.
- Maintain and abide by an employee dishonesty bond, including third-party coverage, with a minimum limit of ten thousand dollars ($10,000).
- Maintain proof of general and professional liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) in the aggregate.
- Report any suspected or known dependent adult or elder abuse as required by Section 15630 of the Welfare and Institutions Code and suspected or known child abuse as required by Sections 11164 to 11174.3, inclusive, of the Penal Code. A copy of each suspected abuse report shall be maintained and available for review by the department during normal business hours.
- HCA/Employers shall also have to maintain records for each HCA which should include:
- Personnel record form (HCS 501)
- TB Clearance
- A copy of the criminal record history form (LIC 508)
- Documentation of criminal record clearance or criminal exemption
- All employee documentation from CBCB or HCSB regarding the HCA
- Verification of training hours
- Form SOC 341A, which is a signed statement of acknowledging requirement to report suspected abuse of dependent adults or elders.