On May 22, 2024 the Department proposed this routine technical rulemaking operationalizing the statutory requirements of PL 2023 Ch. 309, An Act to Authorize the Department of Health and Human Services to License and Ensure the Quality of Personal Care Agencies. This rulemaking repeals and replaces 10-144 CMR Ch. 129, Rules and Regulations Governing In-Home Personal Care and Support Workers, which became effective on January 1, 1999.
The new rule replaces the existing requirement for registration with a licensing process, incorporates a new statutory definition for Personal Care Agency (PCA), establishes standards and fees for the licensing of personal care agencies, establishes types and terms of licenses, creates quality assurance and technical assistance mechanisms, and establishes right of entry, penalties, and enforcement actions for failure to comply with the rule. The new rule also creates an appeal process for PCAs aggrieved by the Department’s decisions.
10-144 CMR Ch 129, Personal Care Agency Licensing Rule
Personal Care Agency Licensing Rule Rollout Guidelines (Word)
Resources for PCA Agencies
The below provides sample templates for your agency's use. The information contained within these documents may exceed current licensing or policy requirements for Personal Care Agencies (PCA). Providers of PCA agencies should refer to 10-144 CMR Ch. 129 for regulatory requirements.
- Client Service Plan (Word)
- Client Referral Form Template (Word)
- HIPAA Privacy Authorization Form (Word)
- Neglect and Abuse Reporting Form (Word)
- Organization Chart Template (Word)
- PCA Infection Control Log (Word)
- PCA Emergency Preparedness Plan (Word)
- PCA Training and Competency Verification (Word)
- PCA Discharge/ Transfer Form (Word)
- PCA Operational Manual Template Sample (Word)
- Personal Care Assessment Form Template (Word)