Connecticut 2021 Regular Session

Connecticut Senate Bill SB00974 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	6		General Assembly Raised Bill No. 974
8	7		January Session, 2021
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12	11		Referred to Committee on AGING
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15	14		Introduced by:
16	15		(AGE)
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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 Section 20-670 of the general statutes is repealed and the 1
25	25		following is substituted in lieu thereof (Effective October 1, 2021): 2
26	26		As used in sections 20-670 to 20-680, inclusive: 3
27	27		(1) "Certificate" means a certificate of registration issued under 4
28	28		section 20-672. 5
29	29		(2) "Commissioner" means the Commissioner of Consumer 6
30	30		Protection or any person designated by the commissioner to administer 7
31	31		and enforce the provisions of sections 20-670 to 20-680, inclusive. 8
32	32		(3) "Companion services" means nonmedical, basic supervision 9
33	33		services to ensure the well-being and safety of a person in such person's 10
34	34		home. 11
35	35		(4) "Employee" means any person employed by, or who enters into a 12
36	36		contract to perform services for, a homemaker-companion agency, 13 Raised Bill No. 974
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43	42		including, but not limited to, temporary employees, pool employees 14
44	43		and persons treated by such agency as independent contractors. 15
45	44		(5) "Comprehensive background check" means a background 16
46	45		investigation of a prospective employee performed by a homemaker-17
47	46		companion agency or a registry, that includes: (A) A review of any 18
48	47		application materials prepared or requested by the agency or registry 19
49	48		and completed by the prospective employee; (B) an in-person interview 20
50	49		of the prospective employee; (C) verification of the prospective 21
51	50		employee's Social Security number; (D) if the position applied for within 22
52	51		the agency or registry requires licensure on the part of the prospective 23
53	52		employee, verification that the required license is in good standing; (E) 24
54	53		a check of the registry established and maintained pursuant to section 25
55	54		54-257; (F) a review of criminal conviction information obtained through 26
56	55		a search of current criminal matters of public record in this state based 27
57	56		on the prospective employee's name and date of birth; (G) if the 28
58	57		prospective employee has resided in this state less than three years prior 29
59	58		to the date of the application with the agency or registry, a review of 30
60	59		criminal conviction information from the state or states where such 31
61	60		prospective employee resided during such three-year period; and (H) a 32
62	61		review of any other information that the agency or registry deems 33
63	62		necessary in order to evaluate the suitability of the prospective 34
64	63		employee for the position. 35
65	64		(6) "Homemaker services" means nonmedical, supportive services 36
66	65		that ensure a safe and healthy environment for a person in such person's 37
67	66		home, such services to include assistance with personal hygiene, 38
68	67		cooking, household cleaning, laundry and other household chores. 39
69	68		(7) "Homemaker-companion agency" means (A) any public or private 40
70	69		organization that employs one or more persons and is engaged in the 41
71	70		business of providing companion services or homemaker services, or (B) 42
72	71		any registry. "Homemaker-companion agency" shall not include a home 43
73	72		health care agency, as defined in subsection (d) of section 19a-490, or a 44
74	73		home health aide agency, as defined in subsection (e) of section 19a-490. 45 Raised Bill No. 974
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81	79		(8) "Registry" means any person or entity engaged in the business of 46
82	80		supplying or referring an [individual] employee to or placing an 47
83	81		[individual] employee with a consumer to provide homemaker or 48
84	82		companion services provided by such [individual] employee, when the 49
85	83		[individual] employee providing such services is either (A) directly 50
86	84		compensated as an employee, in whole or in part, by the consumer, or 51
87	85		(B) treated, referred to or considered by such person or entity as an 52
88	86		independent contractor. 53
89	87		(9) "Service plan" means a written document provided by a 54
90	88		homemaker-companion agency to a person utilizing services provided 55
91	89		by such agency, that specifies the anticipated scope, type, frequency and 56
92	90		duration of homemaker or companion services that are to be provided 57
93	91		by such agency for the benefit of the person. 58
94	92		Sec. 2. Section 20-679a of the general statutes is repealed and the 59
95	93		following is substituted in lieu thereof (Effective October 1, 2021): 60
96	94		(a) A registry that supplies, refers or places an [individual] employee 61
97	95		with a consumer shall provide the consumer with a written notice, to be 62
98	96		signed by the consumer, specifying the legal liabilities of such registry 63
99	97		to the [individual] employee supplied or referred to or placed with the 64
100	98		consumer. Such notice shall be given to the consumer before the 65
101	99		commencement of services and such services shall not commence until 66
102	100		the registry receives a signed copy of the notice from the consumer, 67
103	101		unless a bona fide emergency exists and such registry details the specific 68
104	102		nature of the emergency on a form approved by the department and 69
105	103		signed by the consumer or an authorized representative of the 70
106	104		consumer. If a bona fide emergency exists, the registry shall provide 71
107	105		such notice not later than four calendar days after the date on which it 72
108	106		supplies, refers or places an [individual] employee with a consumer. If 73
109	107		the registry maintains an Internet web site, a sample of the notice shall 74
110	108		be posted on such Internet web site. 75
111	109		(b) Each notice provided to a consumer pursuant to subsection (a) of 76
112	110		this section shall be written in boldface type and plain language and 77 Raised Bill No. 974
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119	116		shall comply with the plain language standard detailed in section 42-78
120	117		152. Such notice shall include a statement identifying the registry as an 79
121	118		employer, joint employer, leasing employer or nonemployer, as 80
122	119		applicable, along with a statement advising the consumer he or she may 81
123	120		be considered an employer under law and, if that is the case, the 82
124	121		consumer may be [held] (1) responsible for the payment of federal and 83
125	122		state taxes, Social Security, overtime and minimum wage, 84
126	123		unemployment, workers' compensation insurance payments and any 85
127	124		other applicable payment required under state or federal law; (2) 86
128	125		responsible to report compensation paid to employees to the Internal 87
129	126		Revenue Service; and (3) legally liable for work-related injuries, 88
130	127		including that employees shall be covered by workers' compensation 89
131	128		insurance or other form of insurance. The notice shall also include a 90
132	129		statement that the consumer should consult a financial, legal, 91
133	130		accounting or tax professional if he or she is uncertain [about his or her 92
134	131		responsibility for the payment of such taxes or payments] regarding his 93
135	132		or her responsibilities for employees. 94
136	133		(c) For purposes of this section, a homemaker-companion agency that 95
137	134		supplies, refers or places an independent contractor with a consumer for 96
138	135		the provision of companion or homemaker services shall be considered 97
139	136		a registry, as defined in section 20-670, and shall be required to provide 98
140	137		the consumer with a notice pursuant to subsection (a) of this section. 99
141	138		Sec. 3. Section 305 of public act 19-117 is repealed and the following 100
142	139		is substituted in lieu thereof (Effective from passage): 101
143	140		For purposes of this section "covenant not to compete" means any 102
144	141		contract or agreement [that restricts the right of an individual to 103
145	142		provide] between an individual and a homemaker-companion agency, 104
146	143		registry or provider of home health services prohibiting such individual 105
147	144		from providing homemaker, companion or home health services [(1) in 106
148	145		any geographic area of the state for any period of time, or (2)] to a 107
149	146		specific individual, or for a competing homemaker-companion agency, 108
150	147		registry or provider of home health services, but does not include any 109
151	148		private contract or agreement not to solicit or accept solicitation from 110 Raised Bill No. 974
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158	154		any client, employee or vendor of such homemaker-companion agency, 111
159	155		registry or provider of home health services, provided such contract or 112
160	156		agreement shall be limited in duration to not more than six months. Any 113
161	157		covenant not to compete is against public policy and shall be void and 114
162	158		unenforceable. 115
163	159		This act shall take effect as follows and shall amend the following
164	160		sections:
165	161
166	162		Section 1 October 1, 2021 20-670
167	163		Sec. 2 October 1, 2021 20-679a
168	164		Sec. 3 from passage PA 19-117, Sec. 305
169	165
170		-	AGE Joint Favorable C/R HS
	166	+	Statement of Purpose:
	167	+	To classify individuals referred by homemaker-companion registries as
	168	+	employees of the registries, expand the requirements of consumers who
	169	+	employ homemaker-companions and exempt noncompete contracts of
	170	+	six months or less from a prohibition on noncompete contracts.
	171	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	172	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	173	+	underlined.]
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