| 11 | 11 | | |
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| 12 | 12 | | AN ACT CONCERNING CRIMINAL BACKGROUND CHECKS FOR EMPLOYEES OF HOMEMAKER-COMPANION AGENCIES AND HOME HEALTH AGENCIES. |
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| 13 | 13 | | |
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| 14 | 14 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 15 | 15 | | |
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| 16 | 16 | | Section 1. Section 20-670 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 17 | 17 | | |
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| 18 | 18 | | As used in sections 20-670 to 20-680, inclusive, as amended by this act: |
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| 19 | 19 | | |
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| 20 | 20 | | (1) "Certificate" means a certificate of registration issued under section 20-672, as amended by this act. |
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| 21 | 21 | | |
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| 22 | 22 | | (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, as amended by this act. |
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| 23 | 23 | | |
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| 24 | 24 | | (3) "Companion services" means nonmedical, basic supervision services to ensure the well-being and safety of a person in such person's home. |
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| 25 | 25 | | |
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| 26 | 26 | | (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. |
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| 27 | 27 | | |
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| 28 | 28 | | (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. |
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| 29 | 29 | | |
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| 30 | 30 | | (6) "Homemaker-companion agency" means any public or private organization, employing one or more persons that 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. |
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| 31 | 31 | | |
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| 32 | 32 | | (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. |
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| 33 | 33 | | |
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| 34 | 34 | | (8) "Comprehensive background check" means a background investigation performed by the homemaker-companion agency, that includes, but is not limited to: (A) A review of the employment application prepared by the agency and completed by the applicant; (B) an in-person interview of the applicant; (C) verification of the applicant's Social Security number; (D) 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; (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 name and date of birth; (G) 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 (H) a review of any other information that the agency deems necessary in order to evaluate the suitability of the applicant for the position. |
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| 35 | 35 | | |
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| 36 | 36 | | Sec. 2. Subsection (a) of section 20-672 of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 37 | 37 | | |
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| 38 | 38 | | (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 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. |
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| 39 | 39 | | |
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| 40 | 40 | | 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, 2010): |
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| 41 | 41 | | |
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| 42 | 42 | | (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, 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 as required by section 20-678. |
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| 43 | 43 | | |
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| 44 | 44 | | Sec. 4. (NEW) (Effective October 1, 2010) (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, 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. |
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| 45 | 45 | | |
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| 46 | 46 | | (b) Each home health agency shall require that any employee of such agency hired on or after October 1, 2010, submit to a comprehensive background check. In addition, each home health agency shall require that any employee of such agency hired on or after October 1, 2010, complete and sign a form disclosing whether such employee 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 home health agency hired on or after October 1, 2010, who makes a false statement regarding such prior disciplinary action shall be guilty of a class A misdemeanor. |
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| 47 | 47 | | |
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| 48 | 48 | | |
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| 49 | 49 | | |
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| 50 | 50 | | |
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| 51 | 51 | | This act shall take effect as follows and shall amend the following sections: |
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| 52 | 52 | | Section 1 October 1, 2010 20-670 |
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| 53 | 53 | | Sec. 2 October 1, 2010 20-672(a) |
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| 54 | 54 | | Sec. 3 October 1, 2010 20-675(a) |
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| 55 | 55 | | Sec. 4 October 1, 2010 New section |
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| 56 | 56 | | |
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| 57 | 57 | | This act shall take effect as follows and shall amend the following sections: |
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| 58 | 58 | | |
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| 59 | 59 | | Section 1 |
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| 60 | 60 | | |
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| 61 | 61 | | October 1, 2010 |
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| 62 | 62 | | |
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| 63 | 63 | | 20-670 |
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| 64 | 64 | | |
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| 65 | 65 | | Sec. 2 |
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| 66 | 66 | | |
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| 67 | 67 | | October 1, 2010 |
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| 68 | 68 | | |
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| 69 | 69 | | 20-672(a) |
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| 70 | 70 | | |
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| 71 | 71 | | Sec. 3 |
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| 72 | 72 | | |
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| 73 | 73 | | October 1, 2010 |
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| 74 | 74 | | |
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| 75 | 75 | | 20-675(a) |
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| 76 | 76 | | |
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| 77 | 77 | | Sec. 4 |
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| 78 | 78 | | |
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| 79 | 79 | | October 1, 2010 |
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| 80 | 80 | | |
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| 81 | 81 | | New section |
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| 82 | 82 | | |
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| 83 | 83 | | |
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| 84 | 84 | | |
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| 85 | 85 | | AGE Joint Favorable Subst. C/R PH |
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| 86 | 86 | | PH Joint Favorable |
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| 87 | 87 | | JUD Joint Favorable |
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