Bill Text: CT HB05322 | 2018 | General Assembly | Comm Sub
Bill Title: An Act Concerning Registration Of Employees Providing Homemaker Services And Requirements For Registries And Long-term Care Insurers.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-03-20 - Favorable Change of Reference, Senate to Committee on General Law [HB05322 Detail]
Download: Connecticut-2018-HB05322-Comm_Sub.html
General Assembly |
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February Session, 2018 |
*_____HB05322AGEGL_031518____* |
AN ACT CONCERNING REGISTRATION OF EMPLOYEES PROVIDING HOMEMAKER SERVICES AND REQUIREMENTS FOR REGISTRIES AND LONG-TERM CARE INSURERS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 20-670 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
As used in sections 20-670 to 20-680 and section 2 of this act, inclusive:
(1) "Certificate" means a certificate of registration issued under section 20-672, as amended by this act.
(2) "Commissioner" means the Commissioner of Consumer Protection or any person designated by the commissioner to administer and enforce the provisions of sections 20-670 to 20-680, inclusive.
(3) "Companion services" means nonmedical, basic supervision services to ensure the well-being and safety of a person in such person's home.
(4) "Employee" means any person employed by, or who enters into a contract to perform homemaker services for, a homemaker-companion agency, including, but not limited to, temporary employees, pool employees and persons treated by such agency as independent contractors.
(5) "Comprehensive background check" means a background investigation of a prospective employee performed by a homemaker-companion agency, that includes: (A) A review of any application materials prepared or requested by the agency and completed by the prospective employee; (B) an in-person interview of the prospective employee; (C) verification of the prospective employee's Social Security number; (D) if the position applied for within the agency requires licensure on the part of the prospective employee, verification that the required license is in good standing; (E) a check of the registry established and maintained pursuant to section 54-257; (F) a review of criminal conviction information obtained through a search of current criminal matters of public record in this state based on the prospective employee's name and date of birth; (G) if the prospective employee has resided in this state less than three years prior to the date of the application with the agency, a review of criminal conviction information from the state or states where such prospective employee resided during such three-year period; and (H) a review of any other information that the agency deems necessary in order to evaluate the suitability of the prospective employee for the position.
(6) "Homemaker services" means nonmedical, supportive services that ensure a safe and healthy environment for a person in such person's home, such services to include assistance with personal hygiene, cooking, household cleaning, laundry and other household chores.
(7) "Homemaker-companion agency" means (A) any public or private organization that employs one or more persons and is engaged in the business of providing companion services or homemaker services, or (B) any registry. "Homemaker-companion agency" shall not include a home health care agency, as defined in subsection (d) of section 19a-490, [or] a homemaker-home health aide agency, as defined in subsection (e) of section 19a-490, or an agency that provides nursing or care of the sick in connection with the practice of the religious tenets of any church by adherents thereof, in accordance with the provisions of section 20-101.
(8) "Registry" or "home care registry" means any person or entity engaged in the business of supplying or referring an [individual] employee to or placing an [individual] employee with a consumer to provide homemaker or companion services provided by such [individual] employee, when the [individual] employee providing such services is either (A) directly compensated, in whole or in part, by the consumer, or (B) treated, referred to or considered by such person or entity as an independent contractor.
(9) "Service plan" means a written document provided by a homemaker-companion agency to a person utilizing services provided by such agency, that specifies the anticipated scope, type, frequency and duration of homemaker or companion services that are to be provided by such agency for the benefit of the person.
Sec. 2. (NEW) (Effective October 1, 2018) (a) No employee shall provide homemaker services without first obtaining a certificate of registration from the Commissioner of Consumer Protection.
(b) Any employee seeking a certificate of registration to provide homemaker services shall apply every two years to the Commissioner of Consumer Protection, in writing, on a form provided by the commissioner. The application shall include the applicant's name, residence address, business address, business telephone number and such other information as the commissioner may require.
(c) An employee seeking a certificate of registration pursuant to this section shall also be required to submit to state and national criminal history records checks, in accordance with section 29-17a of the general statutes, and to certify under oath to the commissioner that: (1) The employee is legally eligible for employment in the United States, (2) the employee has had a health examination in the past two years and is medically fit to provide homemaker services, and (3) the employee has been employed by a Connecticut homemaker-companion agency or placed by a Connecticut home care registry in the past twelve months. The employee's initial application shall also include proof of training in homemaker services, as a certified nurse assistant, or home health aide, or minimum two-year relevant experience.
(d) Upon failure by such employee to comply with the registration provisions of this section, the Attorney General, at the request of the Commissioner of Consumer Protection, is authorized to apply in the name of the state to the Superior Court for an order temporarily or permanently restraining and enjoining such employee from continuing to provide homemaker services in the state.
(e) The Commissioner of Consumer Protection shall adopt regulations to implement the provisions of this section.
Sec. 3. Section 20-672 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(a) Any person seeking a certificate of registration as a homemaker-companion agency shall apply to the Commissioner of Consumer Protection, in writing, on a form provided by the commissioner. The application shall include the applicant's name, residence address, business address, business telephone number and such other information as the commissioner may require. An applicant shall also be required to submit to state and national criminal history records checks in accordance with section 29-17a and to certify under oath to the commissioner that: (1) Such agency complies with the requirements of section 20-678 concerning employee comprehensive background checks, (2) such agency requires that its employees provide proof of (A) legal eligibility for employment in the United States, (B) training in homemaker services, as a certified nurse assistant or home health aide, or a minimum of two years of relevant experience, and (C) a biennial health examination demonstrating medical fitness to provide homemaker services; (3) such agency provides all persons receiving homemaker or companion services with a written individualized contract or service plan that specifically identifies the anticipated scope, type, frequency and duration of homemaker or companion services provided by the agency to the person, [(3)] (4) such agency maintains a surety bond of not less than ten thousand dollars coverage, which coverage shall include theft by an employee of such agency from a person for whom homemaker or companion services are provided by the agency, and [(4)] (5) all records maintained by such agency shall be open, at all reasonable hours, for inspection, copying or audit by the commissioner.
(b) Each application for a certificate of registration as a homemaker-companion agency shall be accompanied by a fee of [three seventy-five] four hundred dollars.
(c) Upon the failure by a homemaker-companion agency to comply with the registration provisions of this section, the Attorney General, at the request of the Commissioner of Consumer Protection, is authorized to apply in the name of the state of Connecticut to the Superior Court for an order temporarily or permanently restraining and enjoining a homemaker-companion agency from continuing to do business in the state.
Sec. 4. Section 20-679a of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(a) A registry that supplies, refers or places an [individual] employee with a consumer shall provide the consumer with a written notice, to be signed by the consumer, specifying the legal liabilities of such registry to the [individual] employee supplied or referred to or placed with the consumer. Such notice shall be given to the consumer before the commencement of services and such services shall not commence until the registry receives a signed copy of the notice from the consumer, unless a bona fide emergency exists and such registry details the specific nature of the emergency on a form approved by the department and signed by the consumer or an authorized representative of the consumer. If a bona fide emergency exists, the registry shall provide such notice not later than four calendar days after the date on which it supplies, refers or places an [individual] employee with a consumer. If the registry maintains an Internet web site, a sample of the notice shall be posted on such Internet web site.
(b) Each notice provided to a consumer pursuant to subsection (a) of this section shall be written in boldface type and plain language and shall comply with the plain language standard detailed in section 42-152. Such notice shall include a statement identifying the registry as an employer, joint employer, leasing employer or nonemployer, as applicable, along with a statement advising the consumer he or she may be considered an employer under law and, if that is the case, the consumer may be (1) [held] responsible for the payment of federal and state taxes, Social Security, overtime and minimum wage, unemployment, workers' compensation insurance payments and any other applicable payment required under state or federal law; (2) responsible to report compensation paid to employees to the Internal Revenue Service; and (3) legally liable for work-related injuries. The notice shall also include a statement that the consumer should consult a financial, legal, accounting or tax professional if he or she is uncertain [about his or her responsibility for the payment of such taxes or payments] regarding his or her responsibilities for employees.
(c) For purposes of this section, a homemaker-companion agency that supplies, refers or places an independent contractor with a consumer for the provision of companion or homemaker services shall be considered a registry, as defined in section 20-670, and shall be required to provide the consumer with a notice pursuant to subsection (a) of this section.
Sec. 5. Section 38a-475 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(a) The Insurance Department shall only precertify long-term care insurance policies that (1) alert the purchaser to the availability of consumer information and public education provided by the Department of Social Services pursuant to section 17b-251; (2) offer the option of home and community-based services in addition to nursing home care; (3) in all home care plans, include case management services delivered by an access agency approved by the Office of Policy and Management and the Department of Social Services as meeting the requirements for such agency as defined in regulations adopted pursuant to subsection (e) of section 17b-342, which services shall include, but need not be limited to, the development of a comprehensive individualized assessment and care plan and, as needed, the coordination of appropriate services and the monitoring of the delivery of such services; (4) provide inflation protection; (5) provide for the keeping of records and an explanation of benefit reports on insurance payments which count toward Medicaid resource exclusion; and (6) provide the management information and reports necessary to document the extent of Medicaid resource protection offered and to evaluate the Connecticut Partnership for Long-Term Care. No policy shall be precertified if it requires prior hospitalization or a prior stay in a nursing home as a condition of providing benefits. The commissioner may adopt regulations, in accordance with chapter 54, to carry out the precertification provisions of this section.
(b) Long-term care insurance policies shall include nonmedical care benefits when such services are furnished by a provider duly licensed by or registered in the state.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2018 |
20-670 |
Sec. 2 |
October 1, 2018 |
New section |
Sec. 3 |
October 1, 2018 |
20-672 |
Sec. 4 |
October 1, 2018 |
20-679a |
Sec. 5 |
October 1, 2018 |
38a-475 |
AGE |
Joint Favorable Subst. C/R |
GL |