Pou’s Bill to Clarify Definition of Health Care Service Firms and Homemaker-Home Health Aides Clears Committee

Trenton – A bill sponsored by Senator Nellie Pou that would revise the current law to clarify the definition of health care service firms and homemaker-home health aides advanced yesterday in the Senate Commerce Committee.

The bill, S-2773, would clarify that any firm that employs, places or arranges the placement of an individual to provide companion, personal or health care services in the personal residence of a person with a disability or who is 60 years old or older,  must register as a health care service firm.

“This bill will ensure that all firms acting as health care agencies for our elderly, including the ones using the Internet to arrange and provide companions or health care services are properly registered.” said Senator Pou (D-Bergen/Passaic). “We need to ensure that adequate care is provided with registered and qualified caregivers at all times.”

The bill would authorize the Division of Consumer Affairs to enforce the health care service firm registration, a prerequisite upon any person who operates a firm that is subject to the registration requirement, whether the operations include the direct employment of individuals, the use of an Internet website or application, or any other process or business model.

Currently there are more than 1,000 health care service firms registered in the state of New Jersey.

In addition to any other penalty provided by law, the bill would provide that a person is liable for a penalty of $500 per each day that the person continues to operate a firm without being registered as a health care service firm as required.

The bill would also clarify that certified homemaker-home health aides must work under the supervision of a duly licensed registered professional nurse, which is provided by the home care services agency that directly employs the homemaker-home health aide when following a delegated nursing regimen.

The bill was released from the Senate Commerce Committee by a vote of 4-0 and next heads to the full Senate for further consideration.

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