Bill Text: CT HB05586 | 2016 | General Assembly | Comm Sub

Connecticut House Bill 5586 (Prior Session Legislation)

Bill Title: An Act Concerning Workers' Compensation Coverage For Injuries Sustained By Personal Care Attendants Employed Directly By Consumers In The Community First Choice Program.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2016-03-30 - File Number 300 [HB05586 Detail]

Download: Connecticut-2016-HB05586-Comm_Sub.html

General Assembly		*Substitute Bill No. 5586*
*February Session, 2016*		_____HB05586HS____031616____

AN ACT CONCERNING WORKERS' COMPENSATION COVERAGE FOR INJURIES SUSTAINED BY PERSONAL CARE ATTENDANTS EMPLOYED DIRECTLY BY CONSUMERS IN THE COMMUNITY FIRST CHOICE PROGRAM.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2016) (a) For purposes of this section, sections 17b-706a and 31-275 of the general statutes, as amended by this act, and section 4 of this act, (1) "consumer" and "personal care attendant" have the same meaning as provided in section 17b-706 of the general statutes, and (2) "Community First Choice program" means a Medicaid-funded program that provides home and community-based care. The Commissioner of Social Services, in consultation with the Commissioner of Developmental Services, shall collaborate with the Commissioner of Administrative Services to procure workers' compensation coverage for any personal care attendant employed directly by a consumer in the Community First Choice program. The Commissioner of Social Services shall require any fiscal intermediary for the program to administer workers' compensation benefits and disburse the benefits to such personal care attendant who sustains injuries on the property of a consumer.

(b) The Commissioner of Social Services shall, if necessary, amend the Medicaid state plan, in accordance with section 17b-8 of the general statutes, to (1) require a fiscal intermediary to administer and disburse workers' compensation benefits pursuant to subsection (a) of this section, and (2) increase allotment of Medicaid moneys per consumer, to the extent permissible under federal law, to cover any additional cost for workers' compensation benefits provided pursuant to subsection (a) of this section.

(c) The provisions of this section shall not apply to a personal care attendant hired by a consumer through a third-party employer.

Sec. 2. Subparagraph (B) of subdivision (2) of subsection (e) of section 17b-706a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):

(B) In those covered programs where budgets provided to consumers receiving direct support services are allocated using the individual budget methodology, budgets shall be increased to account for additional expenses caused by (i) a contract or award negotiated in accordance with this section [which] that includes increases in wages or benefits, or (ii) any additional cost to a consumer enrolled in the Community First Choice program for workers' compensation benefits for personal care attendants.

Sec. 3. Subparagraph (B) of subdivision (9) of section 31-275 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):

(B) "Employee" shall not be construed to include:

(i) Any person to whom articles or material are given to be treated in any way on premises not under the control or management of the person who gave them out;

(ii) One whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business;

(iii) A member of the employer's family dwelling in his house; but, if, in any contract of insurance, the wages or salary of a member of the employer's family dwelling in his house is included in the payroll on which the premium is based, then that person shall, if he sustains an injury arising out of and in the course of his employment, be deemed an employee and compensated in accordance with the provisions of this chapter;

(iv) Any person, other than a personal care attendant who has workers' compensation coverage pursuant to section 1 of this act, engaged in any type of service in or about a private dwelling provided he is not regularly employed by the owner or occupier over twenty-six hours per week;

(v) An employee of a corporation who is a corporate officer and who elects to be excluded from coverage under this chapter by notice in writing to his employer and to the commissioner; or

(vi) Any person who is not a resident of this state but is injured in this state during the course of his employment, unless such person (I) works for an employer who has a place of employment or a business facility located in this state at which such person spends at least fifty per cent of his employment time, or (II) works for an employer pursuant to an employment contract to be performed primarily in this state.

Sec. 4. (NEW) (Effective July 1, 2016) The Commissioner of Social Services, in consultation with the Commissioner of Developmental Services and the Commissioner of Administrative Services, shall adopt regulations in accordance with the provisions of chapter 54 of the general statutes to provide for workers' compensation coverage for personal care attendants employed directly by a consumer in the Community First Choice program. The regulations shall provide the (1) type of benefits, (2) benefit rate, and (3) duration of the benefits.


This act shall take effect as follows and shall amend the following sections:
Section 1	July 1, 2016	New section
Sec. 2	July 1, 2016	17b-706a(e)(2)(B)
Sec. 3	July 1, 2016	31-275(9)(B)
Sec. 4	July 1, 2016	New section