Connecticut 2024 Regular Session

Connecticut House Bill HB05160 Compare Versions

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Version 2 (New)

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3		-	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05160-R01-
4		-	HB.docx
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	3	+	LCO No. 1033 1 of 6
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7		-	General Assembly ~~Substitute~~ Bill No. 5160
	5	+	General Assembly Raised Bill No. 5160
8	6		February Session, 2024
	7	+	LCO No. 1033
	8	+
	9	+
	10	+	Referred to Committee on COMMITTEE ON CHILDREN
	11	+
	12	+
	13	+	Introduced by:
	14	+	(KID)
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13		-
14		-	AN ACT CONCERNING THE MAINTENANCE OF LIABILITY
15		-	INSURANCE COVERAGE BY CHILD CARE CENTERS, GROUP CHILD
16		-	CARE HOMES AND FAMILY CHILD CARE HOMES.
	19	+	AN ACT REQUIRING CHILD CARE CENTERS, GROUP CHILD CARE
	20	+	HOMES AND FAMILY CHILD CARE HOMES TO MAINTAIN LIABILITY
	21	+	INSURANCE COVERAGE.
17	22		Be it enacted by the Senate and House of Representatives in General
18	23		Assembly convened:
19	24
20		-	Section 1. (NEW) (Effective from passage) Not later than December 1, 1
21		-	2024, the Commissioner of Early Childhood shall, in consultation with 2
22		-	a nonprofit organization providing entrepreneurial and financial 3
23		-	education services to women, develop a document for distribution to 4
24		-	each person, group of persons, association, organization, corporation, 5
25		-	institution or agency licensed to maintain a child care center or group 6
26		-	child care home pursuant to section 19a-80 of the general statutes or 7
27		-	family child care home pursuant to section 19a-87b of the general 8
28		-	statutes, explaining the benefits of maintaining liability insurance 9
29		-	coverage for such center or home and the potential consequences that 10
30		-	may result in the absence of such coverage. Not later than January 1, 11
31		-	2025, and annually thereafter, the commissioner shall distribute such 12
32		-	document electronically to each such licensee. 13
33		-	Sec. 2. (NEW) (Effective from passage) On and after January 1, 2025, 14
34		-	each person, group of persons, association, organization, corporation, 15
35		-	institution or agency licensed to maintain a child care center or group 16
36		-	child care home pursuant to section 19a-80 of the general statutes or 17 Substitute Bill No. 5160
	25	+	Section 1. Subsection (a) of section 19a-79 of the general statutes is 1
	26	+	repealed and the following is substituted in lieu thereof (Effective October 2
	27	+	1, 2024): 3
	28	+	(a) The Commissioner of Early Childhood shall adopt regulations, in 4
	29	+	accordance with the provisions of chapter 54, to carry out the purposes 5
	30	+	of sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive, 6
	31	+	and to assure that child care centers and group child care homes meet 7
	32	+	the health, educational and social needs of children utilizing such child 8
	33	+	care centers and group child care homes. Such regulations shall (1) 9
	34	+	specify that before being permitted to attend any child care center or 10
	35	+	group child care home, each child shall be protected as age-appropriate 11
	36	+	by adequate immunization against diphtheria, pertussis, tetanus, 12
	37	+	poliomyelitis, measles, mumps, rubella, haemophilus influenzae type B 13
	38	+	and any other vaccine required by the schedule of active immunization 14 Raised Bill No. 5160
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43		-	family child care home pursuant to section 19a-87b of the general 18
44		-	statutes shall, at the time an agreement for the provision of child care 19
45		-	services is made or renewed, provide the individual seeking such 20
46		-	services with written notice indicating whether such licensee does or 21
47		-	does not carry liability insurance coverage of not less than one hundred 22
48		-	thousand dollars for damages by reason of bodily injury to, or the death 23
49		-	of, any one person. Such notice may state that such coverage is not 24
50		-	required by law. Not later than January 1, 2026, and annually thereafter, 25
51		-	each such licensee shall confirm, in a form and manner prescribed by 26
52		-	the Commissioner of Early Childhood, that such licensee complied with 27
53		-	the requirements of this section in the immediately preceding calendar 28
54		-	year. 29
	42	+	LCO No. 1033 2 of 6
	43	+
	44	+	adopted pursuant to section 19a-7f, (2) specify conditions under which 15
	45	+	child care center directors and teachers and group child care home 16
	46	+	providers may administer tests to monitor glucose levels in a child with 17
	47	+	diagnosed diabetes mellitus, and administer medicinal preparations, 18
	48	+	including controlled drugs specified in the regulations by the 19
	49	+	commissioner, to a child receiving child care services at such child care 20
	50	+	center or group child care home pursuant to the written order of a 21
	51	+	physician licensed to practice medicine or a dentist licensed to practice 22
	52	+	dental medicine in this or another state, or an advanced practice 23
	53	+	registered nurse licensed to prescribe in accordance with section 20-94a, 24
	54	+	or a physician assistant licensed to prescribe in accordance with section 25
	55	+	20-12d, and the written authorization of a parent or guardian of such 26
	56	+	child, (3) specify that an operator of a child care center or group child 27
	57	+	care home, licensed before January 1, 1986, or an operator who receives 28
	58	+	a license after January 1, 1986, for a facility licensed prior to January 1, 29
	59	+	1986, shall provide a minimum of thirty square feet per child of total 30
	60	+	indoor usable space, free of furniture except that needed for the 31
	61	+	children's purposes, exclusive of toilet rooms, bathrooms, coatrooms, 32
	62	+	kitchens, halls, isolation room or other rooms used for purposes other 33
	63	+	than the activities of the children, (4) specify that a child care center or 34
	64	+	group child care home licensed after January 1, 1986, shall provide 35
	65	+	thirty-five square feet per child of total indoor usable space, (5) establish 36
	66	+	appropriate child care center staffing requirements for employees 37
	67	+	certified in cardiopulmonary resuscitation by the American Red Cross, 38
	68	+	the American Heart Association, the National Safety Council, American 39
	69	+	Safety and Health Institute, Medic First Aid International, Inc. or an 40
	70	+	organization using guidelines for cardiopulmonary resuscitation and 41
	71	+	emergency cardiovascular care published by the American Heart 42
	72	+	Association and International Liaison Committee on Resuscitation, (6) 43
	73	+	specify that a child care center or group child care home (A) shall not 44
	74	+	deny services to a child on the basis of a child's known or suspected 45
	75	+	allergy or because a child has a prescription for an automatic prefilled 46
	76	+	cartridge injector or similar automatic injectable equipment used to treat 47
	77	+	an allergic reaction, or for injectable equipment used to administer 48
	78	+	glucagon, (B) shall, not later than three weeks after such child's 49 Raised Bill No. 5160
	79	+
	80	+
	81	+
	82	+	LCO No. 1033 3 of 6
	83	+
	84	+	enrollment in such a center or home, have staff trained in the use of such 50
	85	+	equipment on-site during all hours when such a child is on-site, (C) shall 51
	86	+	require such child's parent or guardian to provide the injector or 52
	87	+	injectable equipment and a copy of the prescription for such medication 53
	88	+	and injector or injectable equipment upon enrollment of such child, and 54
	89	+	(D) shall require a parent or guardian enrolling such a child to replace 55
	90	+	such medication and equipment prior to its expiration date, (7) specify 56
	91	+	that a child care center or group child care home (A) shall not deny 57
	92	+	services to a child on the basis of a child's diagnosis of asthma or because 58
	93	+	a child has a prescription for an inhalant medication to treat asthma, and 59
	94	+	(B) shall, not later than three weeks after such child's enrollment in such 60
	95	+	a center or home, have staff trained in the administration of such 61
	96	+	medication on-site during all hours when such a child is on-site, (8) 62
	97	+	establish physical plant requirements for licensed child care centers and 63
	98	+	licensed group child care homes that exclusively serve school-age 64
	99	+	children, (9) specify that a child care center or group child care home 65
	100	+	shall immediately notify the parent or guardian of a child enrolled in 66
	101	+	such center or home if such child exhibits or develops an illness or is 67
	102	+	injured while in the care of such center or home, (10) specify that a child 68
	103	+	care center or group child care home shall create a written record of any 69
	104	+	such illness or injury, which shall, (A) include, but not be limited to, (i) 70
	105	+	a description of such illness or injury, (ii) the date, time of occurrence 71
	106	+	and location of such illness or injury, (iii) any responsive action taken 72
	107	+	by an employee of such center or home, and (iv) whether such child was 73
	108	+	transported to a hospital emergency room, doctor's office or other 74
	109	+	medical facility as a result of such illness or injury, (B) be provided to 75
	110	+	the parent or guardian of such child not later than the next business day, 76
	111	+	and (C) be maintained by such center or home for a period of not less 77
	112	+	than two years and be made immediately available upon the request of 78
	113	+	the Office of Early Childhood, [and] (11) specify that a child care center 79
	114	+	or group child care home shall maintain any video recordings created at 80
	115	+	such center or home for a period of not less than thirty days, and make 81
	116	+	such recordings immediately available upon the request of the Office of 82
	117	+	Early Childhood, and (12) specify that a child care center or group child 83
	118	+	care home shall maintain liability insurance coverage of not less than 84 Raised Bill No. 5160
	119	+
	120	+
	121	+
	122	+	LCO No. 1033 4 of 6
	123	+
	124	+	one hundred thousand dollars for damages by reason of bodily injury 85
	125	+	to, or the death of, any one person. When establishing such 86
	126	+	requirements, the Office of Early Childhood shall give consideration to 87
	127	+	child care centers and group child care homes that are located in private 88
	128	+	or public school buildings. With respect to subdivision (8) of this 89
	129	+	subsection, the commissioner shall implement policies and procedures 90
	130	+	necessary to implement the physical plant requirements established 91
	131	+	pursuant to this subdivision while in the process of adopting such 92
	132	+	policies and procedures in regulation form. Until replaced by policies 93
	133	+	and procedures implemented pursuant to this subdivision, any physical 94
	134	+	plant requirement specified in the office's regulations that is generally 95
	135	+	applicable to child care centers and group child care homes shall 96
	136	+	continue to be applicable to such centers and homes that exclusively 97
	137	+	serve school-age children. The commissioner shall post notice of the 98
	138	+	intent to adopt regulations pursuant to this subdivision on the 99
	139	+	eRegulations System not later than twenty days after the date of 100
	140	+	implementation of such policies and procedures. Policies and 101
	141	+	procedures implemented pursuant to this subdivision shall be valid 102
	142	+	until the time final regulations are adopted. For purposes of this 103
	143	+	subsection, "illness" means fever, vomiting, diarrhea, rash, headache, 104
	144	+	persistent coughing, persistent crying or any other condition deemed an 105
	145	+	illness by the Commissioner of Early Childhood. 106
	146	+	Sec. 2. Subsection (f) of section 19a-87b of the 2024 supplement to the 107
	147	+	general statutes is repealed and the following is substituted in lieu 108
	148	+	thereof (Effective October 1, 2024): 109
	149	+	(f) The commissioner shall adopt regulations, in accordance with the 110
	150	+	provisions of chapter 54, to ensure that family child care homes, as 111
	151	+	described in section 19a-77, meet the health, educational and social 112
	152	+	needs of children utilizing such homes. Such regulations shall (1) ensure 113
	153	+	that the family child care home is treated as a residence, and not an 114
	154	+	institutional facility, (2) specify that each child be protected as age-115
	155	+	appropriate by adequate immunization against diphtheria, pertussis, 116
	156	+	tetanus, poliomyelitis, measles, mumps, rubella, haemophilus 117
	157	+	influenzae type B and any other vaccine required by the schedule of 118 Raised Bill No. 5160
	158	+
	159	+
	160	+
	161	+	LCO No. 1033 5 of 6
	162	+
	163	+	active immunization adopted pursuant to section 19a-7f, (3) specify 119
	164	+	conditions under which family child care home providers may 120
	165	+	administer tests to monitor glucose levels in a child with diagnosed 121
	166	+	diabetes mellitus, and administer medicinal preparations, including 122
	167	+	controlled drugs specified in the regulations by the commissioner, to a 123
	168	+	child receiving child care services at a family child care home pursuant 124
	169	+	to a written order of a physician licensed to practice medicine in this or 125
	170	+	another state, an advanced practice registered nurse licensed to 126
	171	+	prescribe in accordance with section 20-94a or a physician assistant 127
	172	+	licensed to prescribe in accordance with section 20-12d, and the written 128
	173	+	authorization of a parent or guardian of such child, (4) specify 129
	174	+	appropriate standards for extended care and intermittent short-term 130
	175	+	overnight care, (5) specify that a family child care home shall 131
	176	+	immediately notify the parent or guardian of a child enrolled in such 132
	177	+	home if such child exhibits or develops an illness or is injured while in 133
	178	+	the care of such home, (6) specify that a family child care home shall 134
	179	+	create a written record of any such illness or injury, which shall, (A) 135
	180	+	include, but not be limited to, (i) a description of such illness or injury, 136
	181	+	(ii) the date, time of occurrence and location of such illness or injury, (iii) 137
	182	+	any responsive action taken by an employee of such home, and (iv) 138
	183	+	whether such child was transported to a hospital emergency room, 139
	184	+	doctor's office or other medical facility as a result of such illness or 140
	185	+	injury, (B) be provided to the parent or guardian of such child not later 141
	186	+	than the next business day, and (C) be maintained by such home for a 142
	187	+	period of not less than two years and be made immediately available 143
	188	+	upon the request of the Office of Early Childhood, [and] (7) specify that 144
	189	+	a family child care home shall maintain any video recordings created at 145
	190	+	such home for a period of not less than thirty days, and make such 146
	191	+	recordings immediately available upon the request of the Office of Early 147
	192	+	Childhood, and (8) specify that a family child care home shall maintain 148
	193	+	liability insurance coverage of not less than one hundred thousand 149
	194	+	dollars for damages by reason of bodily injury to, or the death of, any 150
	195	+	one person. The commissioner shall inform each licensee, by way of a 151
	196	+	plain language summary provided not later than sixty days after the 152
	197	+	regulation's effective date, of any new or changed regulations adopted 153 Raised Bill No. 5160
	198	+
	199	+
	200	+
	201	+	LCO No. 1033 6 of 6
	202	+
	203	+	under this subsection with which a licensee must comply. For purposes 154
	204	+	of this subsection, "illness" means fever, vomiting, diarrhea, rash, 155
	205	+	headache, persistent coughing, persistent crying or any other condition 156
	206	+	deemed an illness by the Commissioner of Early Childhood. 157
55	207		This act shall take effect as follows and shall amend the following
56	208		sections:
57	209
58		-	Section 1 ~~from passage New section~~
59		-	Sec. 2 ~~from passage New section~~
	210	+	Section 1 October 1, 2024 19a-79(a)
	211	+	Sec. 2 October 1, 2024 19a-87b(f)
60	212
61		-	KID Joint Favorable Subst.
	213	+	Statement of Purpose:
	214	+	To require the Commissioner of the Office of Early Childhood to adopt
	215	+	regulations requiring child care centers, group child care homes and
	216	+	family child care homes to maintain liability insurance coverage.
	217	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	218	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	219	+	underlined.]
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