Bill Text: CT SB00990 | 2015 | General Assembly | Introduced

---

Bill Title: An Act Concerning Consumer Protection In The Home Care Industry.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2015-02-27 - Public Hearing 03/05 [SB00990 Detail]

Download: Connecticut-2015-SB00990-Introduced.html

---

General Assembly		Raised Bill No. 990
January Session, 2015		LCO No. 3780
		*03780_______LAB*
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)

AN ACT CONCERNING CONSUMER PROTECTION IN THE HOME CARE INDUSTRY.

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

Section 1. (NEW) (Effective October 1, 2015) (a) Notwithstanding the provisions of section 20-679a of the general statutes, as amended by this act, no consumer who receives (1) homemaker services, as defined in section 20-670 of the general statutes, (2) homemaker-home health aide services, as defined in section 19a-490 of the general statutes, or (3) companion services, as defined in section 20-670 of the general statutes, provided by (A) a homemaker-companion agency, as defined in section 20-670 of the general statutes, (B) a homemaker-home health aide agency, as defined in section 19a-490 of the general statutes, or (C) a registry, as defined in section 20-670 of the general statutes, shall be deemed the employer of any individual referred to, supplied to or placed with such consumer by such agency or registry to provide the services described in subdivisions (1) to (3), inclusive, of this subsection.

(b) Notwithstanding the provisions of section 20-679a of the general statutes, as amended by this act, no consumer shall be liable, during the duration of time any individual provides any service described in subdivisions (1) to (3), inclusive, of subsection (a) of this section to such consumer, for (1) payment of contributions for the purposes of compliance with chapter 567 of the general statutes, in relation to such individual, (2) payment of workers' compensation insurance for the purposes of chapter 568 of the general statutes, in relation to such individual, or (3) payment of wages for the purposes of compliance with chapter 558 of the general statutes, in relation to such individual.

(c) Any consumer who receives any service described in subdivisions (1) to (3), inclusive, of subsection (a) of this section provided by an individual referred to, supplied to or placed with such consumer by an agency or registry described in subparagraphs (A) to (C), inclusive, of subsection (a) of this section shall be immune from civil liability for any damage, injury or financial harm to such individual resulting from any act, error or omission of the consumer, unless such damage, injury or financial harm was caused by the reckless, wilful or wanton misconduct of the consumer.

Sec. 2. Subsection (b) of section 20-679a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(b) Each notice provided to a consumer pursuant to subsection (a) of this section shall be written in 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 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, except as excluded under section 1 of this act. The notice shall also include a statement that the consumer should consult a tax professional if he or she is uncertain about his or her responsibility for the payment of such taxes or payments.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2015	New section
Sec. 2	October 1, 2015	20-679a(b)

Statement of Purpose:

To prevent consumers who receive certain services from an individual provided by a homemaker-companion agency, homemaker-home health aide agency or registry from being responsible for unemployment compensation, workers' compensation and wages as they relate to the individual.

[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.]