Connecticut 2020 Regular Session

Connecticut Senate Bill SB00409 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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4	4	LCO No. 2641 1 of 5
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6	6	General Assembly Raised Bill No. 409
7	7	February Session, 2020
8	8	LCO No. 2641
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10	10
11	11	Referred to Committee on PUBLIC SAFETY AND SECURITY
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14	14	Introduced by:
15	15	(PS)
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20	20	AN ACT CONCERNING HO MEMAKER AND COMPANIO N SERVICES.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 20-670 of the 2020 supplement to the general 1
25	25	statutes is repealed and the following is substituted in lieu thereof 2
26	26	(Effective October 1, 2020): 3
27	27	As used in sections 20-670 to [20-680] 20-681, inclusive: 4
28	28	(1) "Certificate" means a certificate of registration issued under 5
29	29	section 20-672. 6
30	30	(2) "Commissioner" means the Commissioner of Consumer 7
31	31	Protection or any person designated by the commissioner to administer 8
32	32	and enforce the provisions of sections 20-670 to 20-680, inclusive. 9
33	33	(3) "Companion services" means nonmedical, basic supervision 10
34	34	services to ensure the well-being and safety of a person in such person's 11
35	35	home. 12
36	36	(4) "Employee" means any person employed by, or who enters into a 13 Raised Bill No. 409
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39	39
40	40	LCO No. 2641 2 of 5
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42	42	contract to perform services for, a homemaker-companion agency, 14
43	43	including, but not limited to, temporary employees, pool employees 15
44	44	and persons treated by such agency as independent contractors. 16
45	45	(5) "Comprehensive background check" means a background 17
46	46	investigation of a prospective employee performed by a homemaker-18
47	47	companion agency or a registry, that includes: (A) A review of any 19
48	48	application materials prepared or requested by the agency and 20
49	49	completed by the prospective employee; (B) an in-person interview of 21
50	50	the prospective employee; (C) verification of the prospective employee's 22
51	51	Social Security number; (D) if the position applied for within the agency 23
52	52	requires licensure on the part of the prospective employee, verification 24
53	53	that the required license is in good standing; (E) a check of the registry 25
54	54	established and maintained pursuant to section 54-257; (F) a review of 26
55	55	criminal conviction information obtained through a search of current 27
56	56	criminal matters of public record in this state based on the prospective 28
57	57	employee's name and date of birth; (G) if the prospective employee has 29
58	58	resided in this state less than three years prior to the date of the 30
59	59	application with the agency, a review of criminal conviction information 31
60	60	from the state or states where such prospective employee resided 32
61	61	during such three-year period; and (H) a review of any other 33
62	62	information that the agency deems necessary in order to evaluate the 34
63	63	suitability of the prospective employee for the position. 35
64	64	(6) "Homemaker services" means nonmedical, supportive services 36
65	65	that ensure a safe and healthy environment for a person in such person's 37
66	66	home, such services to include assistance with personal hygiene, 38
67	67	cooking, household cleaning, laundry and other household chores. 39
68	68	(7) "Homemaker-companion agency" means (A) any public or private 40
69	69	organization that employs one or more persons and is engaged in the 41
70	70	business of providing companion services or homemaker services, or (B) 42
71	71	any registry. "Homemaker-companion agency" shall not include a home 43
72	72	health care agency, as defined in subsection (d) of section 19a-490, or a 44
73	73	home health aide agency, as defined in subsection (e) of section 19a-490. 45 Raised Bill No. 409
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77	77	LCO No. 2641 3 of 5
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79	79	(8) "Registry" means any person or entity engaged in the business of 46
80	80	supplying or referring an [individual] employee to or placing an 47
81	81	[individual] employee with a consumer to provide homemaker or 48
82	82	companion services provided by such [individual] employee, when the 49
83	83	[individual] employee providing such services is either (A) directly 50
84	84	compensated as an employee, in whole or in part, by the consumer, or 51
85	85	(B) treated, referred to or considered by such person or entity as an 52
86	86	independent contractor. 53
87	87	(9) "Service plan" means a written document provided by a 54
88	88	homemaker-companion agency to a person utilizing services provided 55
89	89	by such agency, that specifies the anticipated scope, type, frequency and 56
90	90	duration of homemaker or companion services that are to be provided 57
91	91	by such agency for the benefit of the person. 58
92	92	Sec. 2. Section 20-679a of the general statutes is repealed and the 59
93	93	following is substituted in lieu thereof (Effective October 1, 2020): 60
94	94	(a) A registry that supplies, refers or places an [individual] employee 61
95	95	with a consumer shall provide the consumer with a written notice, to be 62
96	96	signed by the consumer, specifying the legal liabilities of such registry 63
97	97	to the [individual] employee supplied or referred to or placed with the 64
98	98	consumer. Such notice shall be given to the consumer before the 65
99	99	commencement of services and such services shall not commence until 66
100	100	the registry receives a signed copy of the notice from the consumer, 67
101	101	unless a bona fide emergency exists and such registry details the specific 68
102	102	nature of the emergency on a form approved by the department and 69
103	103	signed by the consumer or an authorized representative of the 70
104	104	consumer. If a bona fide emergency exists, the registry shall provide 71
105	105	such notice not later than four calendar days after the date on which it 72
106	106	supplies, refers or places an [individual] employee with a consumer. If 73
107	107	the registry maintains an Internet web site, a sample of the notice shall 74
108	108	be posted on such Internet web site. 75
109	109	(b) Each notice provided to a consumer pursuant to subsection (a) of 76
110	110	this section shall be written in boldface type and plain language and 77 Raised Bill No. 409
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114	114	LCO No. 2641 4 of 5
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116	116	shall comply with the plain language standard detailed in section 42-78
117	117	152. Such notice shall include a statement identifying the registry as an 79
118	118	employer, joint employer, leasing employer or nonemployer, as 80
119	119	applicable, along with a statement advising the consumer he or she may 81
120	120	be considered an employer under law and, if that is the case, the 82
121	121	consumer may be [held] (1) responsible for the payment of federal and 83
122	122	state taxes, Social Security, overtime and minimum wage, 84
123	123	unemployment, workers' compensation insurance payments and any 85
124	124	other applicable payment required under state or federal law; (2) 86
125	125	responsible for reporting compensation paid to an employee to the 87
126	126	Internal Revenue Service; (3) legally liable for work-related injuries; and 88
127	127	(4) legally required to carry workers' compensation insurance or other 89
128	128	forms of insurance for employees. The notice shall also include a 90
129	129	statement that the consumer should consult a financial, legal, 91
130	130	accounting or tax professional if [he or she is uncertain about his or her 92
131	131	responsibility for the payment of such taxes or payments] the consumer 93
132	132	is uncertain about the consumer's responsibilities to employees. 94
133	133	(c) For purposes of this section, a homemaker-companion agency that 95
134	134	supplies, refers or places an independent contractor with a consumer for 96
135	135	the provision of companion or homemaker services shall be considered 97
136	136	a registry, as defined in section 20-670, as amended by this act, and shall 98
137	137	be required to provide the consumer with a notice pursuant to 99
138	138	subsection (a) of this section. 100
139	139	Sec. 3. Section 20-681 of the 2020 supplement to the general statutes 101
140	140	is repealed and the following is substituted in lieu thereof (Effective 102
141	141	October 1, 2020): 103
142	142	[For purposes of this section "covenant not to compete" means any 104
143	143	contract or agreement that restricts the right of an individual to provide 105
144	144	homemaker, companion or home health services (1) in any geographic 106
145	145	area of the state for any period of time, or (2) to a specific individual. 107
146	146	Any covenant not to compete is against public policy and shall be void 108
147	147	and unenforceable.] 109 Raised Bill No. 409
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151	151	LCO No. 2641 5 of 5
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153	153	A contract or agreement between an individual and a homemaker-110
154	154	companion agency, registry or home health aide registry prohibiting 111
155	155	such individual from providing homemaker, companion or home 112
156	156	health services to a specific individual, or a competing homemaker-113
157	157	companion agency, registry or home health aide registry is a covenant 114
158	158	not to compete that is against public policy and shall be void and 115
159	159	unenforceable, unless it is a private contract or agreement (1) not to 116
160	160	solicit or accept solicitation from any client, employee or vendor of such 117
161	161	homemaker-companion agency, registry or home health aide registry, 118
162	162	and (2) limited in duration to not more than one year. For purposes of 119
163	163	this section "home health aide registry" has the same meaning as 120
164	164	provided in section 19a-490. 121
165	165	This act shall take effect as follows and shall amend the following
166	166	sections:
167	167
168	168	Section 1 October 1, 2020 20-670
169	169	Sec. 2 October 1, 2020 20-679a
170	170	Sec. 3 October 1, 2020 20-681
171	171
172	172	Statement of Purpose:
173	173	To (1) allow a registry, in addition to a homemaker-companion agency,
174	174	to conduct background checks on prospective employees; (2) expand the
175	175	contents of the required notice to a consumer regarding homemaker and
176	176	companion services; and (3) modify provisions on covenants not to
177	177	compete between an individual and a homemaker-companion agency,
178	178	registry or home health aide agency.
179	179	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
180	180	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
181	181	underlined.]
182	182