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General Assembly Substitute Bill No. 6774
January Session, 2025
AN ACT CONCERNING LONG -TERM CARE FACILITY EMPLOYEE
BACKGROUND CHECKS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsections (a) to (c), inclusive, of section 19a-491c of the 1
general statutes are repealed and the following is substituted in lieu 2
thereof (Effective October 1, 2025): 3
(a) As used in this section: 4
(1) "Criminal history and patient abuse background search" or 5
"background search" means (A) a review of the registry of nurse's aides 6
maintained by the Department of Public Health pursuant to section 20-7
102bb, (B) checks of state and national criminal history records 8
conducted in accordance with section 29-17a, and (C) a review of any 9
other registry specified by the Department of Public Health which the 10
department deems necessary for the administration of a background 11
search program. 12
(2) "Direct access" means physical access to a patient or resident of a 13
long-term care facility that affords an individual with the opportunity 14
to commit abuse or neglect against or misappropriate the property of a 15
patient or resident. 16
(3) "Disqualifying offense" means a conviction of (A) any crime 17 Substitute Bill No. 6774
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described in 42 USC 1320a-7(a)(1), (2), (3) or (4), (B) a substantiated 18
finding of neglect, abuse or misappropriation of property by a state or 19
federal agency pursuant to an investigation conducted in accordance 20
with 42 USC 1395i-3(g)(1)(C) or 42 USC 1396r(g)(1)(C), or (C) a 21
conviction of any crime described in section 53a-59a, 53a-60b, 53a-60c, 22
53a-61a, 53a-321, 53a-322 or 53a-323. 23
(4) "Long-term care facility" means any facility, agency or provider 24
that is a nursing home, as defined in section 19a-521, a residential care 25
home, as defined in section 19a-521, a home health care agency, hospice 26
agency or home health aide agency, as defined in section 19a-490, an 27
assisted living services agency, as defined in section 19a-490, an 28
intermediate care facility for individuals with intellectual disabilities, as 29
defined in 42 USC 1396d(d), except any such facility operated by a 30
Department of Developmental Services' program subject to background 31
checks pursuant to section 17a-227a, a chronic disease hospital, as 32
defined in section 19a-490, or an agency providing hospice care which 33
is licensed to provide such care by the Department of Public Health or 34
certified to provide such care pursuant to 42 USC 1395x. 35
(b) The Department of Public Health shall create and implement a 36
criminal history and patient abuse background search program, within 37
available appropriations, in order to facilitate the performance, 38
processing and analysis of the criminal history and patient abuse 39
background search of [individuals who have direct access] (1) any 40
individual (A) to whom a long-term care facility will extend an offer of 41
employment, or (B) with whom a long-term care facility will enter into 42
a contract for the provision of long-term care services, and (2) any 43
volunteers who have direct access. 44
(c) (1) Except as provided in subdivision (2) of this subsection, each 45
long-term care facility, prior to extending an offer of employment to, or 46
entering into a contract for, the provision of long-term care services with 47
any individual, [who will have direct access,] or prior to allowing any 48
individual to begin volunteering at such long-term care facility when 49
the long-term care facility reasonably expects such volunteer will 50 Substitute Bill No. 6774
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regularly perform duties that are substantially similar to those of an 51
employee with direct access, shall require that such individual submit 52
to a background search. The Department of Public Health shall 53
prescribe the manner by which (A) long-term care facilities perform the 54
review of (i) the registry of nurse's aides maintained by the department 55
pursuant to section 20-102bb, and (ii) any other registry specified by the 56
department, including requiring long-term care facilities to report the 57
results of such review to the department, and (B) individuals submit to 58
state and national criminal history records checks, including requiring 59
the Department of Emergency Services and Public Protection to report 60
the results of such checks to the Department of Public Health. 61
(2) No long-term care facility shall be required to comply with the 62
provisions of this subsection if (A) the individual provides evidence to 63
the long-term care facility that such individual submitted to a 64
background search conducted pursuant to subdivision (1) of this 65
subsection not more than three years immediately preceding the date 66
such individual applies for employment, seeks to enter into a contract 67
or begins volunteering with the long-term care facility and that the prior 68
background search confirmed that the individual did not have a 69
disqualifying offense, or (B) the commissioner determines the need to 70
temporarily suspend the requirements of this subsection in the event of 71
an emergency or significant disruption. The commissioner shall inform 72
the long-term care facility when the commissioner has suspended the 73
requirements of this subsection pursuant to subparagraph (B) of this 74
subdivision and when such suspension is rescinded. 75
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 19a-491c(a) to (c)
AGE Joint Favorable Subst.