If you run a home care agency in Massachusetts, the odds are that no inspector has ever walked through your door.

On November 4 that starts to change. A new law puts every agency under a license for the first time. In July, a state senator said the quiet part out loud: "We don't even know how many such agencies there are."

We buy and run care businesses, so we went and counted. Then we read every inspection report on the public record, and looked at the eight states that went first.

Here is what the state will see when it starts looking, and what you can do before it does.

2,010 named agencies. The state can see 806 of them.

287Medicare-certified, inspected519On the state's list, not inspected1,204On no list at all

What the state is about to find

The state's own list has 595 homemaker and personal care providers. Our count of named agencies runs to 2,010. The payroll records sit in between: 1,012 home care businesses with employees and 44,552 jobs, on the 2025 annual average.

Who owns them is the next question. The answer, for most of them, is no group at all.

Medicare, state-paid or private pay: most agencies are independent.

236Medicare-certified, with owner records69% independent
519Paid by the state's Home Care Program99% independent
873Private pay, on no state list79% independent

And they are not spread evenly.

The inspected agencies cluster in four counties. The islands have none.

Middlesex: 63Worcester: 47Norfolk: 43Essex: 41Suffolk: 21Plymouth: 18Hampden: 30Bristol: 11Barnstable: 7Berkshire: 2Hampshire: 2Franklin: 0Dukes: 0Nantucket: 0Middlesex63Worcester47Norfolk43Essex41Suffolk21Plymouth18Hampden30Bristol11Barnstable7Berkshire2Hampshire2Franklin0Dukes0Nantucket0

Our take

The license will not shrink the market. It will reveal it. Most of the agencies on the federal registry first registered in the last five years, and most sit on no list the state keeps. The rules get written around whoever is counted first.

What happened in the states that went first

Thirty-one of the fifty states and DC license non-medical home care, Massachusetts included. Eight did it before; their record is the best guide to the next two years.

Eight states went first. One of them twenty years ago.

Getting from the law to a working license took years, not months.

Law to license took 12 to 41 months. Massachusetts' temporary licenses: nine.

PennsylvaniaJul 2006 to Dec 2009
Keep operating while the application is pending
IllinoisAug 2005 to Sep 2008
240-day provisional license, survey later
CaliforniaOct 2013 to Jan 2016
Apply by Dec 31, 2015, keep operating
MinnesotaMay 2013 to Jun 2015
Temporary license, 12 months; existing agencies converted at renewal
OhioSep 2021 to Sep 2022
No temporary license; bond waived for existing agencies
MaineJun 2023 to Jul 2024
Provisional license; registered agencies until expiry
MassachusettsAug 2026 to by May 2027, temporary
Law in force Nov 4, 2026; temporary license rules due within 180 days

The application itself was the same everywhere.

Every state asked for the same core file. Most did not inspect before the full license.

PAILMNCAOHMECTMA
Temporary or provisional license first◐●●◐○●○●
Inspection before the full license●◐◐○○◐○
Owners and officers named, background evidence●●●●●●●●
Worker background checks●●●●●●●●
Training hours set by the state◐●●●○●◐
Surety bond or insurance minimum○●○●●◐●●
License not transferable on a sale●●●●●
Management company counts as a change of control◐●◐
License fee$100 a year$100$1,500$1.5k$2,100+$2.1k$5,603 per 2 years$5.6k$250 per 3 years$250$500$500$375 a year$375to be settbd

● required ◐ partly, or after the license ○ not required

Our take

In most states, the license was won in the file, not at the inspection. Every application asked for the same core records, and the agencies that had them ready kept operating while the state caught up. The file you build this winter is the license.

What an inspector marks down

Most Massachusetts home care agencies have no public inspection record, and most of the ones that are inspected keep their reports private. Only the 287 Medicare-certified agencies are inspected today, and about four in five of those by a private accreditor whose reports are not published. The 309 public state surveys show what inspectors have already cited.

Missed visits and the physician not told top the list.

Services in the plan of care not provided (missed or unordered visits)25 surveys
21%
Physician not told of changes, missed visits or discharge23 surveys
20%
Infection prevention (hand hygiene, bag technique, PPE)21 surveys
18%
Plan of care incomplete or not current19 surveys
16%
Care did not match the physician's orders18 surveys
15%
Clinical notes not written or not timely15 surveys
13%
RN did not perform the required assessment14 surveys
12%
Record entries not signed, dated or authenticated13 surveys
11%

Only 8 of the 309 surveys were at condition level. The most-cited items are missed visits in the plan of care, the physician not being told, and infection prevention. After a recertification survey with deficiencies, the next one also had deficiencies in 23 of 41 cases, 56%.

The Medicare star ratings do not fill the gap either. They score patient outcomes and surveys, not inspections, and more than half of the agencies lack enough Medicare patients to be rated.

57% of agencies have no quality star in the latest release.

Our take

The inspector checks the file, not the care. Most of the list is paperwork and follow-through in Massachusetts today and in Minnesota ten years in, and a small agency with good caregivers and a thin file is the one most at risk. We think that daily record-keeping will increasingly be done by software built for one agency, and that is where we are putting our own effort.

If you own an independent agency, this is your moment

Three forces are arriving at once, and we think all three favor the owner who moves first.

The law. From November, the state starts licensing. Every agency will need a license by a date the state sets later, and every change of ownership gets a suitability review.

The law is signed. The rules are not written yet.

Aug 6, 2026Law signed (Chapter 180)
Nov 4, 2026Law in force
By May 3, 2027Temporary licenses issued
By Nov 4, 2027Rules and regulations due
Set by the stateDate every agency must be licensed

More agencies, not more caregivers. About a quarter more home care businesses than in 2019, and fewer people working in them. Of the Medicare agencies that report figures for both years, 53 of 81 grew revenue in 2024 and 14 shrank by a tenth or more.

Since 2019, Massachusetts has 26% more home care businesses and 2% fewer home care jobs.

90100110120Businesses 1,012Jobs 44,5522019202020212022202320242025

Index, 2019 = 100. Businesses with payroll and their jobs in home health care services, Massachusetts, annual averages. The latest year may be revised.

Buyers have been here since 2016. Most Massachusetts agencies are independent. Of the 38 deals with a known buyer, 29 went to investor-backed groups, franchise owners or public companies, and two to long-term owners.

38 verified deals with a known buyer since 2016. Two went to long-term owners.

Investor-backed groups11
Franchise owners10
Public companies8
Non-profits and hospitals5
Family or long-term owners2
Employees1
Local operators1

Deals verified at source, 2016 to October 2026. One more could not be checked.

Whatever you decide to do, keep the license or sell, the steps are the same, and in this order.

1. Get your books in order. Client contracts, staff contracts and background checks, visit records, the plan of care. The file gets read before anyone meets a caregiver, and three different readers are about to open it.

Three readers, one file.

The new lawA Medicare surveyA buyer (us)
Client contracts and service agreements●○●
Staff contracts and background checks◐◐●
Training and competency records●◐●
Infection control and TB screening◐◐◐
Visit records: who came, when, for how long○●●
Plan of care and physician orders◐●◐
Clinical notes, signed and dated●●
Owners with 5% or more, named●○●
Workers' compensation and liability insurance●○●
Twelve months of hours and revenue◐○●

● asks for it ◐ in part ○ does not. The law column shows what the act names; the regulations will add to it.

2. Build the private-pay side. Medicare is where today's inspections and star ratings apply, and where the thin margins show up.

The median agency gets 70% of its revenue from Medicare. A third lost money.

-10%0+10%
For-profit agencies18 of 66 lost money
+7.2%
All reporting agencies90 with cost figures for 2024
+5.3%
Non-profit agencies12 of 22 lost money
-2.4%

Median net margin, FY2024 cost reports. The 141 agencies that filed but gave no figures are not included.

3. Show growth. Growth is the one number nobody can audit into existence. Write it down month by month: hours delivered, clients served, the private-pay share, the caregivers who stayed. We think that page, a year of it, is the one a buyer reads first, and the state will not be far behind.

In 2024, 53 of 81 agencies grew. 28 grew by a tenth or more.

Our take

An agency that depends on Medicare lives on a rate it does not set, and we pay less for it. The agency we pay for has a file that passes, a year of rising private-pay hours, and a name written down for the day the owner is not there. One in three Medicare-certified agencies has a single owner who also manages it, so that last name is the first thing we look at.

Closing thoughts

Until now, Massachusetts home care grew without a license, and most of it is what it should be: independent owners, local names, caregivers who show up. The license changes who gets to see it, not what it is. Our advice is the same whether you keep the agency or sell it: get the file ready, build the private-pay side, and write down who takes over. If you want to compare notes on your own numbers, Jim's email is in the box below.