Date: 09/14/2009
Final
Report Regarding Recommendations from the Home Care Placement Agency Task Force
HEALTH CARE TASK FORCE
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09:58 AM -- Home Care Placement Agency Report
Representative Frangas described the charge of the Home Care Placement Agency Task Force which was established under House Joint Resolution 09-1022 to study whether home care placement agencies should be regulated. He spoke to the preliminary report from the task force and highlighted the recommendations in the report (Attachment H). He stated that the general consensus of the task force was to recommend licensure of home care placement agencies. Representative Kerr asked how that state would fund licensure. Representative Frangas stated that the home care placement agencies would pay a fee and that the funding would not be passed onto the consumer. Representative Massey asked if the Department of Regulatory Agencies (DORA) or the Department of Public Health and Environment (DPHE) had an opinion on the matter. Senator Schwartz stated that DORA and DPHE would be the oversight entities.
10:17 AM
Committee members discussed the various models of licensure and which department would have the authority to regulate home care placement agencies as well as home care workers. A copy of a memorandum prepared by Legislative Council staff regarding regulation of home care placement agencies was provided to the task force (Attachment I).
10:33 AM
Jesi Dobosz, Legislative Liaison, Colorado Department of Public Health of Environment, spoke to the licensure of home care agencies and the discussion around licensure of home care placement agencies. She stated that the department pursued licensure for home care agencies in 2008. She stated that the business model of a home care placement agency (as an employment placement agency) prohibits the department from having oversight authority over the home care placement agencies' independent contractors. She stated that the department would have difficulties assuring the same level of consumer protection that it can provide under licensure of home care agencies because of the lack of oversight authority of independent contractors. She acknowledged that there are concerns over the lack of oversight of home care placement agencies and the individuals who work in the homes of the elderly. Ms. Dobosz stated that the department established a registry for home care placement agencies. Ms. Dobosz reiterated that the department does not necessarily have regulatory authority over 'independent contract workers' and struggles with how it would enforce penalties for home care placement agencies or the workers placed by the agency.
10:50 AM
Fran Coleman spoke to the committee which agency can appropriately regulate home care placement agencies and their workers. She spoke to the licensure and registry system that was established after Senate Bill 08-153 passed. She spoke to the need to license home care placement agencies and expressed her concern that the department was not enforcing the requirement for home care placement agencies to register. Ms. Dobosz stated that the department does not have any funding to verify registration.