Bill Text: CT SB00003 | 2011 | General Assembly | Comm Sub
Bill Title: An Act Concerning A Criminal History And Patient Abuse Background Search Program.
Spectrum: Moderate Partisan Bill (Democrat 18-3-1)
Status: (Introduced - Dead) 2011-05-17 - Favorable Report, Tabled for the Calendar, Senate [SB00003 Detail]
Download: Connecticut-2011-SB00003-Comm_Sub.html
General Assembly |
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January Session, 2011 |
LCO No. 3862 | ||
*03862SB00003AGE* | |||
Referred to Committee on Aging |
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Introduced by: |
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(AGE) |
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AN ACT CONCERNING CRIMINAL BACKGROUND CHECKS FOR EMPLOYEES OF HOMEMAKER-COMPANION AGENCIES AND HOME HEALTH AGENCIES.
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 Section 20-670 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
As used in sections 20-670 to 20-680, inclusive:
(1) "Certificate" means a certificate of registration issued under section 20-672.
(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 services for, a homemaker-companion agency, including, but not limited to, temporary employees, pool employees and independent contractors.] "Comprehensive background check" means a background investigation performed by a homemaker-companion agency of an applicant for employment or a registrant, that includes: (A) A review of the employment application or application for registration with the agency prepared by the agency and completed by the applicant or registrant; (B) an in-person interview of the applicant or registrant; (C) verification of the applicant's or registrant's Social Security number; (D) if the position applied for within the agency requires licensure on the part of the applicant or registrant, 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 applicant's or registrant's name and date of birth; (G) if the applicant or registrant has resided in this state less than three years prior to the date of the application for employment or application for registration with the agency, a review of criminal conviction information from the state or states where such applicant or registrant 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 applicant or registrant for the position.
(5) "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.
(6) "Homemaker-companion agency" means any public or private organization [, employing] that employs one or more persons [that] and is engaged in the business of providing companion services or homemaker services. 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.
(7) "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.
(8) "Registrant" means any person, other than an employee, who provides companion services or homemaker services for a homemaker-companion agency.
Sec. 2. Subsection (a) of section 20-672 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(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, as amended by this act, concerning employee comprehensive background checks, (2) 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) such agency maintains a surety bond, and (4) all records maintained by such agency shall be open, at all reasonable hours, for inspection, copying or audit by the commissioner.
Sec. 3. Subsection (a) of section 20-675 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) The Commissioner of Consumer Protection may revoke, suspend or refuse to issue or renew any certificate of registration as a homemaker-companion agency or place an agency on probation or issue a letter of reprimand for: (1) Conduct by the agency, [or by] an employee of the agency while in the course of employment or a registrant, of a character likely to mislead, deceive or defraud the public or the commissioner; [or] (2) engaging in any untruthful or misleading advertising; or (3) failing to perform a comprehensive background check of an applicant for employment or a registrant as required by section 20-678, as amended by this act.
Sec. 4. Section 20-678 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
[Each homemaker-companion agency shall require that any employee of such agency hired on or after October 1, 2006,] On or after October 1, 2011, each homemaker-companion agency, prior to (1) extending an offer of employment to an applicant for employment with the agency, or (2) entering into a contract with a registrant, shall require such applicant or registrant to submit to a comprehensive background check. In addition, each homemaker-companion agency shall require that [any employee of such agency hired on or after October 1, 2006,] such applicant or registrant complete and sign a form which contains questions as to whether the [current or prospective employee] applicant or registrant was convicted of a crime involving violence or dishonesty in a state court or federal court in any state; or was subject to any decision imposing disciplinary action by a licensing agency in any state, the District of Columbia, a United States possession or territory or a foreign jurisdiction. Any [employee of a homemaker-companion agency hired on or after October 1, 2006,] applicant or registrant who makes a false written statement regarding such prior criminal convictions or disciplinary action shall be guilty of a class A misdemeanor.
Sec. 5. (NEW) (Effective October 1, 2011) (a) As used in this section, "comprehensive background check" means a background investigation performed by a home health agency, as defined in subsection (k) of section 19a-490 of the general statutes, of an applicant for employment that includes, but is not limited to: (1) A review of the employment application prepared by the agency and completed by the applicant; (2) an in-person interview of the applicant; (3) verification of the applicant's Social Security number; (4) if the position applied for within the agency requires licensure on the part of the applicant, verification that the required license is in good standing; (5) a check of the registry established and maintained pursuant to section 54-257 of the general statutes; (6) a review of criminal conviction information obtained through a search of current criminal matters of public record in this state based on the applicant's name and date of birth; (7) if the applicant has resided in this state less than three years prior to the date of the application for employment, a review of criminal conviction information from the state or states where such applicant resided during such three-year period; and (8) a review of any other information that the agency deems necessary in order to evaluate the suitability of the applicant for the position.
(b) On or after October 1, 2011, each home health agency, prior to extending an offer of employment to an applicant for employment with the agency, shall require such applicant to submit to a comprehensive background check. In addition, each home health agency shall require that any such applicant complete and sign a form disclosing whether the applicant was subject to any decision imposing disciplinary action by a licensing agency in any state, the District of Columbia, a United States possession or territory or a foreign jurisdiction. Any applicant who makes a false statement regarding such prior disciplinary action with intent to mislead the home health agency shall be guilty of a class A misdemeanor.
(c) (1) No home health agency shall deny employment to any applicant for employment solely because of a prior conviction of a crime, unless the agency determines that such applicant is not suitable for the position of employment sought based on a review by the agency of (A) the nature of the crime and its relationship to the position for which the applicant has applied, (B) information pertaining to the degree of rehabilitation of the applicant, and (C) the time elapsed since the conviction or the applicant's release from prison. If an agency denies employment to an applicant because of a prior conviction of a crime, the agency shall provide the applicant with a written rejection letter, sent by registered mail, stating what evidence was reviewed and why the agency rejected the applicant.
(2) No home health agency shall use, distribute or disseminate any applicant's record of arrest that did not result in conviction or record of conviction that has been erased to determine the applicant's suitability for the position of employment sought.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2011 |
20-670 |
Sec. 2 |
October 1, 2011 |
20-672(a) |
Sec. 3 |
October 1, 2011 |
20-675(a) |
Sec. 4 |
October 1, 2011 |
20-678 |
Sec. 5 |
October 1, 2011 |
New section |
Statement of Purpose:
To enhance the background check requirements for employees of homemaker-companion and home health agencies.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]
SEN. PRAGUE, 19th Dist.; REP. SERRA, 33rd Dist. REP. MILLER L., 122nd Dist.; REP. SCHOFIELD, 16th Dist. |