Connecticut 2023 Regular Session

Connecticut Senate Bill SB01025 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01025-~~R02~~-
	3	+	LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01025-R01-
4	4		SB.docx
5	5		1 of 6
6	6
7	7		General Assembly Substitute Bill No. 1025
8	8		January Session, 2023
9	9
10	10
11	11
12	12
13	13
14	14		AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE
15	15		HOMEMAKER -COMPANION AGENCY TASK FORCE.
16	16		Be it enacted by the Senate and House of Representatives in General
17	17		Assembly convened:
18	18
19	19		Section 1. (Effective from passage) The Secretary of the Office of Policy 1
20	20		and Management, in consultation with the Commissioners of Consumer 2
21	21		Protection and Public Health, shall develop a plan to transfer the 3
22	22		responsibility for registration and oversight of homemaker-companion 4
23	23		agencies, as defined in section 20-670 of the general statutes, as amended 5
24	24		by this act, from the Department of Consumer Protection to the 6
25	25		Department of Public Health by July 1, 2024. Not later than February 1, 7
26	26		2024, the secretary shall report, in accordance with section 11-4a of the 8
27	27		general statutes, on such plan to the joint standing committees of the 9
28	28		General Assembly having cognizance of matters relating to aging, 10
29	29		general law and public health. 11
30	30		Sec. 2. Section 20-675 of the general statutes is repealed and the 12
31	31		following is substituted in lieu thereof (Effective from passage): 13
32	32		(a) The Commissioner of Consumer Protection may revoke, suspend 14
33	33		or refuse to issue or renew any certificate of registration as a 15
34	34		homemaker-companion agency or place an agency on probation or issue 16
35	35		a letter of reprimand for: (1) Conduct by the agency, or by an employee 17
36	36		of the agency while in the course of employment, of a character likely to 18 Substitute Bill No. 1025
37	37
38	38
39	39		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01025-
40		-	~~R02~~-SB.docx }
	40	+	R01-SB.docx }
41	41		2 of 6
42	42
43	43		mislead, deceive or defraud the public or the commissioner; (2) 19
44	44		engaging in any untruthful or misleading advertising; (3) failure of such 20
45	45		agency that acts as a registry to comply with the notice requirements of 21
46	46		section 20-679a; or (4) failing to perform a comprehensive background 22
47	47		check of a prospective employee or maintain a copy of materials 23
48	48		obtained during a comprehensive background check, as required by 24
49	49		section 20-678. 25
50	50		(b) The commissioner shall revoke a certificate of registration if a 26
51	51		homemaker-companion agency violates any of the provisions of 27
52	52		subdivisions (1) to (4), inclusive, of subsection (a) of this section three 28
53	53		times in one calendar year. 29
54	54		[(b)] (c) The commissioner shall not revoke or suspend any certificate 30
55	55		of registration except upon notice and hearing in accordance with 31
56	56		chapter 54. 32
57	57		Sec. 3. (NEW) (Effective from passage) (a) Not later than January 1, 2024, 33
58	58		the Commissioner of Consumer Protection, in consultation with the 34
59	59		Commissioner of Public Health, and with the advice and guidance of 35
60	60		relevant training organizations, shall (1) develop training standards for 36
61	61		homemaker-companion agency employees, as defined in section 20-670 37
62	62		of the general statutes, as amended by this act, that (A) exemplify best 38
63	63		practices for providing homemaker and companion services, as defined 39
64	64		in section 20-670 of the general statutes, as amended by this act, (B) 40
65	65		provide instruction and specialized training benchmarks for the care of 41
66	66		clients with Alzheimer's disease, dementia and other related conditions, 42
67	67		and (C) ensure a high quality of care for homemaker-companion agency 43
68	68		clients, and (2) identify training programs that provide instruction in the 44
69	69		standards identified pursuant to subdivision (1) of this subsection. The 45
70	70		Commissioner of Consumer Protection shall post such training 46
71	71		standards and a list of such training programs on the Department of 47
72	72		Consumer Protection's Internet web site. 48
73	73		(b) Homemaker-companion agencies may adopt the training 49
74	74		standards and train employees using the training programs posted on 50 Substitute Bill No. 1025
75	75
76	76
77	77		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01025-
78		-	~~R02~~-SB.docx }
	78	+	R01-SB.docx }
79	79		3 of 6
80	80
81	81		the department's Internet web site pursuant to subsection (a) of this 51
82	82		section. 52
83	83		Sec. 4. (Effective from passage) The Commissioner of Consumer 53
84	84		Protection shall develop a plan to implement mandatory training 54
85	85		standards for employees of homemaker-companion agencies, as 55
86	86		defined in section 20-670 of the general statutes, as amended by this act. 56
87	87		Not later than February 1, 2024, the commissioner shall report, in 57
88	88		accordance with the provisions of section 11-4a of the general statutes, 58
89	89		on such plan to the joint standing committee of the General Assembly 59
90	90		having cognizance of matters relating to aging. 60
91	91		Sec. 5. Section 20-679 of the general statutes is repealed and the 61
92	92		following is substituted in lieu thereof (Effective October 1, 2023): 62
93	93		(a) Not later than seven calendar days after the date on which a 63
94	94		homemaker-companion agency commences providing homemaker 64
95	95		services or companion services, such agency shall provide the person 65
96	96		who receives the services, or the authorized representative of such 66
97	97		person, with a written contract or service plan. The written contract or 67
98	98		service plan shall be developed in consultation with such person or 68
99	99		authorized representative and include (1) a person-centered plan of care 69
100	100		and services that prescribes the anticipated scope, type, frequency, 70
101	101		duration and cost of the services provided by the agency, (2) the 71
102	102		anticipated scope, type and frequency of oversight of an employee 72
103	103		assigned to such person by the homemaker-companion agency, and (3) 73
104	104		a predetermined frequency of meetings between the person who 74
105	105		oversees such employee and the person who receives the services, or the 75
106	106		authorized representative of such person. In addition, any contract or 76
107	107		service plan provided by a homemaker-companion agency to a person 77
108	108		receiving services shall also provide conspicuous notice, in boldface 78
109	109		type [(1)] (A) of the person's right to request changes to, or review of the 79
110	110		contract or service plan, [(2)] (B) of the employees of such agency who, 80
111	111		pursuant to section 20-678 are required to submit to a comprehensive 81
112	112		background check, [(3)] (C) that upon the request of such person or an 82
113	113		authorized representative of such person, such agency shall provide 83 Substitute Bill No. 1025
114	114
115	115
116	116		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01025-
117		-	~~R02~~-SB.docx }
	117	+	R01-SB.docx }
118	118		4 of 6
119	119
120	120		such person or representative of such person with written notice that a 84
121	121		comprehensive background check, as required pursuant to section 20-85
122	122		678, was performed for all employees of such agency performing 86
123	123		services for such person, [(4)] (D) that such agency's records are 87
124	124		available for inspection or audit by the Department of Consumer 88
125	125		Protection, [(5)] (E) that the agency is not able to guarantee the extent to 89
126	126		which its services will be covered under any insurance plan, and [(6)] 90
127	127		(F) that such contract or service plan may be cancelled at any time by 91
128	128		the client if such contract or service plan does not contain a specific 92
129	129		period of duration. On the date that a homemaker-companion agency 93
130	130		provides such contract or service plan to such person, the agency shall 94
131	131		also provide a printed copy of the guide that details the process by 95
132	132		which such person, or such person's authorized representative, may file 96
133	133		a complaint against such agency, posted on the Department of 97
134	134		Consumer Protection's Internet web site pursuant to section 6 of this act. 98
135	135		No contract or service plan for the provision of homemaker or 99
136	136		companion services shall be valid against the person who receives the 100
137	137		services or the authorized representative of such person, unless the 101
138	138		contract or service plan has been signed by a duly authorized 102
139	139		representative of the homemaker-companion agency and the person 103
140	140		who receives the services or the authorized representative of such 104
141	141		person. The requirements of this section shall not apply to homemaker 105
142	142		services or companion services provided under the Connecticut home-106
143	143		care program for the elderly administered by the Department of Social 107
144	144		Services in accordance with section 17b-342. A written contract or 108
145	145		service plan between a homemaker-companion agency and a person 109
146	146		receiving services or the authorized representative of such person shall 110
147	147		not be enforceable against such person receiving services or authorized 111
148	148		representative unless such written contract or service plan contains all 112
149	149		of the requirements of this section. 113
150	150		(b) Nothing in this section shall preclude a homemaker-companion 114
151	151		agency that has complied with [subdivisions (1) to (6)] subparagraphs 115
152	152		(A) to (F), inclusive, of subsection (a) of this section from the recovery of 116
153	153		payment for work performed based on the reasonable value of services 117 Substitute Bill No. 1025
154	154
155	155
156	156		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01025-
157		-	~~R02~~-SB.docx }
	157	+	R01-SB.docx }
158	158		5 of 6
159	159
160	160		which were requested by the person receiving services, provided the 118
161	161		court determines that it would be inequitable to deny such recovery. 119
162	162		(c) The Commissioner of Consumer Protection shall develop a model 120
163	163		written contract and model service plan, as described in subsection (a) 121
164	164		of this section. Not later than January 1, 2024, the commissioner shall 122
165	165		post such model written contract and model service plan on the 123
166	166		department's Internet web site. 124
167	167		Sec. 6. (NEW) (Effective from passage) Not later than October 1, 2023, 125
168	168		the Commissioner of Consumer Protection shall post a guide that details 126
169	169		the process by which a person who receives homemaker services or 127
170	170		companion services, as defined in section 20-670 of the general statutes, 128
171	171		as amended by this act, or the authorized representative of such person, 129
172	172		may file a complaint against a homemaker-companion agency, as 130
173	173		defined in section 20-670 of the general statutes, as amended by this act, 131
174	174		on its Internet web site. 132
175	175		Sec. 7. (NEW) (Effective from passage) On and after January 1, 2024, 133
176	176		each homemaker-companion agency, as defined in section 20-670 of the 134
177	177		general statutes, as amended by this act, shall have a printed consumer 135
178	178		brochure and maintain an Internet web site detailing the homemaker 136
179	179		and companion services offered by such agency and provide such 137
180	180		brochure or the address of such Internet web site upon the request of 138
181	181		consumers. 139
182	182		Sec. 8. Subdivision (8) of section 20-670 of the general statutes is 140
183	183		repealed and the following is substituted in lieu thereof (Effective from 141
184	184		passage): 142
185	185		(8) "Homemaker services" means nonmedical and supportive in-143
186	186		home care services, including, but not limited to, assistance with 144
187	187		cooking, household cleaning, laundry, personal hygiene and other 145
188	188		household chores, that ensure a healthy and safe environment for a 146
189	189		person in the person's home. 147
190	190		Sec. 9. Section 20-677 of the general statutes is amended by adding 148 Substitute Bill No. 1025
191	191
192	192
193	193		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01025-
194		-	~~R02~~-SB.docx }
	194	+	R01-SB.docx }
195	195		6 of 6
196	196
197	197		subsection (g) as follows (Effective from passage): 149
198	198		(NEW) (g) A homemaker-companion agency may include in its 150
199	199		business name and advertising (1) the term "care" if such term is used in 151
200	200		reference to such agency's provision of homemaker services, and (2) any 152
201	201		words that accurately describe, as determined by the commissioner, that 153
202	202		such agency has employees who are trained to provide homemaker 154
203	203		services to individuals experiencing memory difficulties. 155
204	204		This act shall take effect as follows and shall amend the following
205	205		sections:
206	206
207	207		Section 1 from passage New section
208	208		Sec. 2 from passage 20-675
209	209		Sec. 3 from passage New section
210	210		Sec. 4 from passage New section
211	211		Sec. 5 October 1, 2023 20-679
212	212		Sec. 6 from passage New section
213	213		Sec. 7 from passage New section
214	214		Sec. 8 from passage 20-670(8)
215	215		Sec. 9 from passage 20-677(g)
216	216
	217	+	Statement of Legislative Commissioners:
	218	+	Throughout the bill, "as amended by this act" was added for consistency
	219	+	with standard drafting conventions, and in Section 1, the phrase ", in
	220	+	accordance with section 11-4a of the general statutes" was moved to
	221	+	after "the secretary shall report" for clarity.
217	222
218	223		AGE Joint Favorable Subst.
219		-	APP Joint Favorable
220	224