Connecticut 2025 Regular Session

Connecticut Senate Bill SB01417 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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2	2
3		-	LCO 1 of 7
	3	+	LCO No. 4849 1 of 7
4	4
5		-	General Assembly ~~Substitute~~ Bill No. 1417
	5	+	General Assembly Raised Bill No. 1417
6	6		January Session, 2025
	7	+	LCO No. 4849
	8	+
	9	+
	10	+	Referred to Committee on HUMAN SERVICES
	11	+
	12	+
	13	+	Introduced by:
	14	+	(HS)
	15	+
7	16
8	17
9	18
10	19		AN ACT CONCERNING THE ESTABLISHMENT OF A NURSING HOME
11	20		WORKFORCE STANDARDS BOARD.
12	21		Be it enacted by the Senate and House of Representatives in General
13	22		Assembly convened:
14	23
15	24		Section 1. (NEW) (Effective July 1, 2025) (a) As used in this section: 1
16	25		(1) "Board" means the Nursing Home Workforce Standards Board 2
17	26		established under subsection (b) of this section; 3
18	27		(2) "Certified worker organization" means a worker organization that 4
19	28		is certified by the board to conduct nursing home worker trainings; 5
20	29		(3) "Compensation" means all income and benefits paid by a nursing 6
21	30		home employer to a nursing home worker or on behalf of a nursing 7
22	31		home worker, including, but not limited to, wages, bonuses, 8
23	32		differentials, paid leave, pay for scheduling changes and pay for 9
24	33		training or occupational certification; 10
25	34		(4) "Employer organization" means: 11
26	35		(A) An organization that is exempt from federal income taxation 12
27	36		under section 501(c)(6) of the Internal Revenue Code, as amended from 13
	37	+	Raised Bill No. 1417
	38	+
	39	+
	40	+
	41	+	LCO No. 4849 2 of 7
	42	+
28	43		time to time, and that represents nursing home employers; or 14
29	44		(B) An entity that employers, who together employ a majority of 15
30		-	nursing home workers in the state, have selected as a representative; 16 Substitute Bill No. 1417
31		-
32		-
33		-	LCO 2 of 7
34		-
	45	+	nursing home workers in the state, have selected as a representative; 16
35	46		(5) "Nursing home" has the same meaning as provided under section 17
36	47		19a-490 of the general statutes; 18
37	48		(6) "Nursing home employer" means an employer of nursing home 19
38	49		workers in a licensed, Medicaid-certified facility that is reimbursed 20
39	50		under chapter 319y of the general statutes; 21
40	51		(7) "Nursing home worker" means any worker who provides services 22
41	52		for a nursing home employer in the state, including direct care staff, 23
42		-	~~nondirect~~ care staff and contractors, but excluding administrative staff, 24
	53	+	non-direct care staff and contractors, but excluding administrative staff, 24
43	54		medical directors, nursing directors, physicians and individuals 25
44	55		employed by a supplemental nursing services agency; and 26
45	56		(8) "Worker organization" means an organization that is exempt from 27
46	57		federal income taxation under section 501(c)(3), 501(c)(4) or 501(c)(5) of 28
47	58		the Internal Revenue Code, as amended from time to time, that is not 29
48	59		dominated or interfered with by any nursing home employer within the 30
49	60		meaning of 29 USC 158a(2), as amended from time to time, and that has 31
50	61		at least five years of demonstrated experience engaging with and 32
51	62		advocating for nursing home workers. 33
52	63		(b) There is established a Nursing Home Workforce Standards Board 34
53	64		to establish nursing home employment, training and minimum 35
54	65		compensation standards necessary to ensure the safety and well-being 36
55	66		of nursing home residents and workers. The board shall have the 37
56	67		following members: 38
57	68		(1) The Commissioner of Social Services, or the commissioner's 39
58	69		designee; 40
59	70		(2) The commissioner of Public Health, or the commissioner's 41
60	71		designee; 42
	72	+	Raised Bill No. 1417
	73	+
	74	+
	75	+
	76	+	LCO No. 4849 3 of 7
	77	+
61	78		(3) The Labor Commissioner, or the commissioner's designee; 43
62	79		(4) Three members who represent nursing home employers or 44
63	80		employer organizations, appointed by the Governor, with one initially 45
64		-	serving a two-year term, one initially serving a three-year term and one 46 Substitute Bill No. 1417
65		-
66		-
67		-	LCO 3 of 7
68		-
	81	+	serving a two-year term, one initially serving a three-year term and one 46
69	82		initially serving a four-year term; 47
70	83		(5) Three members who represent nursing home workers or worker 48
71	84		organizations, appointed by the Governor, with one initially serving a 49
72	85		two-year term, one initially serving a three-year term and one initially 50
73	86		serving a four-year term; and 51
74	87		(6) The chairpersons of the joint standing committee of the General 52
75	88		Assembly having cognizance of matters relating to human services, or 53
76	89		their designees. 54
77	90		(c) In making appointments under subdivisions (4) and (5) of 55
78	91		subsection (b) of this section, the Governor shall consider the geographic 56
79	92		distribution of nursing homes within the state. After the initial terms of 57
80	93		board members appointed under subdivisions (4) and (5) of subsection 58
81	94		(b) of this section have expired, appointed board members shall serve 59
82	95		four-year terms, limited to two consecutive terms. Any vacancy in the 60
83	96		board membership shall be filled by the appointing authority. 61
84	97		(d) The board shall (1) meet not later than thirty days after all 62
85	98		members have been appointed, (2) elect a member by majority vote to 63
86		-	serve as its chairperson, and (3) determine the duration of time that a 64
87		-	member elected as chairperson shall serve in that capacity. The 65
88		-	affirmative vote of six board members is required for the board to take 66
89		-	any action. 67
90		-	(e) The Labor Commissioner shall appoint an administrative director 68
91		-	for the board and provide office space, resources and personnel to assist 69
92		-	the board in carrying out its duties. 70
93		-	(f) To carry out its duties, the board shall hold public hearings on, and 71
94		-	conduct investigations into, working conditions in the nursing home 72
95		-	industry. The board shall examine (1) wage rate and benefit data 73
96		-	collected by or submitted to the board for nursing home workers by 74
97		-	occupation in the relevant geographic area; (2) statements showing 75
98		-	wage rates and benefits paid to nursing home workers by occupation in 76
99		-	the relevant geographic area; (3) signed collective bargaining 77 Substitute Bill No. 1417
	99	+	serve as its chairperson, and (3) determine the term to be served by the 64
	100	+	chairperson. The affirmative vote of six board members is required for 65
	101	+	the board to take any action. 66
	102	+	(e) The Labor Commissioner shall appoint an administrative director 67
	103	+	for the board and provide office space, resources and personnel to assist 68
	104	+	the board in carrying out its duties. 69
	105	+	(f) To carry out its duties, the board shall hold public hearings on, and 70
	106	+	conduct investigations into, working conditions in the nursing home 71
	107	+	Raised Bill No. 1417
100	108
101	109
102		-	LCO 4 of 7
103	110
104		-	agreements applicable to nursing home workers by occupation in the 78
105		-	relevant geographic area; (4) testimony and information from current 79
106		-	and former nursing home workers, worker organizations, nursing home 80
107		-	employers, nursing home resident representatives and employer 81
108		-	organizations; (5) training provided to nursing home workers and 82
109		-	experience necessary for an organization to be designated a certified 83
110		-	worker organization to conduct such training; (6) state and federal laws 84
111		-	and regulations governing nursing home care and labor; and (7) any 85
112		-	other information pertinent to establishing nursing home workplace 86
113		-	standards. 87
114		-	(g) The board shall adopt minimum compensation and training 88
115		-	standards and may (1) adopt regional compensation standards based on 89
116		-	wage rate and benefit data for similar occupations in a geographic area; 90
117		-	(2) establish minimum compensation standards by occupation of a 91
118		-	nursing home worker; and (3) approve a waiver to such standards for 92
119		-	any nursing home employer that presents the board with evidence of 93
120		-	financial difficulty risking such home's closure if the standards are 94
121		-	applied to such nursing home. Before adopting any compensation or 95
122		-	training standards for workers at Medicaid-funded nursing homes with 96
123		-	rates of payment set pursuant to chapter 319y of the general statutes, the 97
124		-	board shall consult with the Commissioner of Social Services to 98
125		-	determine the amount of state funding needed to implement any 99
126		-	changes in compensation or additional costs associated with new 100
127		-	training requirements. No such standards shall be adopted or 101
128		-	implemented until such date as any necessary state appropriations are 102
129		-	made. 103
130		-	(h) The board shall establish (1) requirements for a worker 104
131		-	organization to be certified by the board to provide training; and (2) the 105
132		-	curriculum for such training, which, at a minimum, shall contain (A) the 106
133		-	applicable compensation and working condition standards adopted by 107
134		-	the board pursuant to subsection (g) of this section, and (B) the anti-108
135		-	retaliation protections established pursuant to subsection (k) of this 109
136		-	section. The training shall include, but need not be limited to, follow-up 110
137		-	written materials in languages in which nursing home workers taking 111 Substitute Bill No. 1417
	111	+	LCO No. 4849 4 of 7
	112	+
	113	+	industry. The board shall examine (1) wage rate and benefit data 72
	114	+	collected by or submitted to the board for nursing home workers in the 73
	115	+	relevant geographic area and nursing home occupations; (2) statements 74
	116	+	showing wage rates and benefits paid to nursing home workers in the 75
	117	+	relevant geographic area and nursing home occupations; (3) signed 76
	118	+	collective bargaining agreements applicable to nursing home workers 77
	119	+	in the relevant geographic area and nursing home occupations; (4) 78
	120	+	testimony and information from current and former nursing home 79
	121	+	workers, worker organizations, nursing home employers, nursing home 80
	122	+	resident representatives and employer organizations; (5) training 81
	123	+	provided to nursing home workers and experience necessary for an 82
	124	+	organization to be designated a certified worker organization to conduct 83
	125	+	such training; (6) state and federal laws and regulations governing 84
	126	+	nursing home care and labor; and (7) any other information pertinent to 85
	127	+	establishing nursing home workplace standards. 86
	128	+	(g) The board shall adopt minimum compensation and training 87
	129	+	standards and may (1) adopt regional compensation standards based on 88
	130	+	wage rate and benefit data for similar occupations in a geographic area; 89
	131	+	(2) establish minimum compensation standards by occupation of a 90
	132	+	nursing home worker; and (3) approve a waiver to such standards for 91
	133	+	any nursing home employer that presents the board with evidence of 92
	134	+	financial difficulty risking such home's closure if the standards are 93
	135	+	applied to such nursing home. Before adopting any compensation or 94
	136	+	training standards for workers at Medicaid-funded nursing homes with 95
	137	+	rates of payment set pursuant to chapter 319y of the general statutes, the 96
	138	+	board shall consult with the Commissioner of Social Services to 97
	139	+	determine the amount of state funding needed to implement any 98
	140	+	changes in compensation or additional costs associated with new 99
	141	+	training requirements. No such standards shall be adopted or 100
	142	+	implemented until such date as any necessary state appropriations are 101
	143	+	made. 102
	144	+	(h) The board shall establish (1) requirements for a worker 103
	145	+	organization to be certified by the board to provide training; and (2) the 104
	146	+	Raised Bill No. 1417
138	147
139	148
140		-	LCO 5 of 7
141	149
142		-	the training are proficient. Before establishing or updating curriculum 112
143		-	requirements, the board shall hold at least one public hearing to solicit 113
144		-	input. 114
145		-	(i) A nursing home employer shall compensate its nursing home 115
146		-	workers at their regular hourly rate of wages and benefits for each hour 116
147		-	of training completed as required by this section and reimburse any 117
148		-	reasonable travel expenses associated with attending training sessions 118
149		-	not held on the premises of the nursing home. A nursing home 119
150		-	employer shall submit written documentation to the board to certify 120
151		-	that every two years after training standards are adopted and 121
152		-	implemented pursuant to this section each of its nursing home workers 122
153		-	completes one hour of training that meets the requirements of this 123
154		-	section and is provided by a certified worker organization. Upon 124
155		-	request by a certified worker organization, a nursing home employer 125
156		-	shall provide the certified worker organization with the names and 126
157		-	contact information of the nursing home workers who attended the 127
158		-	training session unless such worker opts out in a written statement filed 128
159		-	with the nursing home employer. 129
160		-	(j) Nursing home employers shall provide notices informing nursing 130
161		-	home workers of applicable minimum nursing home employment 131
162		-	standards. The notice shall be in writing and include contact 132
163		-	information for the Labor Commissioner to report violations of this 133
164		-	section and, at the request of a nursing home worker, provided in the 134
165		-	language in which such worker is proficient. 135
166		-	(k) A nursing home employer shall not discharge, discipline, 136
167		-	penalize, interfere with, threaten, restrain, coerce or otherwise retaliate 137
168		-	or discriminate against a nursing home worker because such worker has 138
169		-	exercised or attempted to exercise rights protected under this section, 139
170		-	including participating in any investigations concerning violations of 140
171		-	this section or attending training or board proceedings. It shall be 141
172		-	unlawful for a nursing home employer to: (1) Inform another employer 142
173		-	that a nursing home worker or former nursing home worker has 143
174		-	engaged in an investigation of a violation of this section or exercised or 144 Substitute Bill No. 1417
	150	+	LCO No. 4849 5 of 7
	151	+
	152	+	curriculum for such training, which, at a minimum, shall contain (A) the 105
	153	+	applicable compensation and working condition standards adopted by 106
	154	+	the board pursuant to subsection (g) of this section, and (B) the anti-107
	155	+	retaliation protections established pursuant to subsection (k) of this 108
	156	+	section. The training shall include, but need not be limited to, follow-up 109
	157	+	written materials in languages in which nursing home workers taking 110
	158	+	the training are proficient. Before establishing or updating curriculum 111
	159	+	requirements, the board shall hold at least one public hearing to solicit 112
	160	+	input. 113
	161	+	(i) A nursing home employer shall compensate its nursing home 114
	162	+	workers at their regular hourly rate of wages and benefits for each hour 115
	163	+	of training completed as required by this section and reimburse any 116
	164	+	reasonable travel expenses associated with attending training sessions 117
	165	+	not held on the premises of the nursing home. A nursing home 118
	166	+	employer shall submit written documentation to the board to certify 119
	167	+	that every two years each of its nursing home workers completes one 120
	168	+	hour of training that meets the requirements of this section and is 121
	169	+	provided by a certified worker organization. Upon request by a certified 122
	170	+	worker organization, a nursing home employer shall provide the 123
	171	+	certified worker organization with the names and contact information 124
	172	+	of the nursing home workers who attended the training session unless 125
	173	+	such worker opts out in a written statement filed with the nursing home 126
	174	+	employer. 127
	175	+	(j) Nursing home employers shall provide notices informing nursing 128
	176	+	home workers of applicable minimum nursing home employment 129
	177	+	standards. The notice shall be in writing and include contact 130
	178	+	information for the Labor Commissioner to report violations of this 131
	179	+	section and, at the request of a nursing home worker, provided in the 132
	180	+	language in which such worker is proficient. 133
	181	+	(k) A nursing home employer shall not discharge, discipline, 134
	182	+	penalize, interfere with, threaten, restrain, coerce or otherwise retaliate 135
	183	+	or discriminate against a nursing home worker because such worker has 136
	184	+	Raised Bill No. 1417
175	185
176	186
177		-	LCO 6 of 7
178	187
179		-	attempted to exercise any right protected under this section; or (2) report 145
180		-	or threaten to report the actual or suspected citizenship or immigration 146
181		-	status of a nursing home worker, former nursing home worker or family 147
182		-	member of a nursing home worker to a federal, state or local agency for 148
183		-	exercising or attempting to exercise any right protected under this 149
184		-	section. 150
185		-	(l) It shall be unlawful for a nursing home employer to employ a 151
186		-	nursing home worker for lower wages or other compensation than that 152
187		-	adopted as the minimum nursing home employment standards by the 153
188		-	board and adopted pursuant to the provisions of subsection (g) of this 154
189		-	section. One or more nursing home workers may bring a civil action in 155
190		-	any superior court in the state against a nursing home employer who 156
191		-	violates the provisions of this section and such action may represent a 157
192		-	class of similarly situated nursing home workers. Upon a finding of one 158
193		-	or more violations, a nursing home employer shall be liable to each 159
194		-	nursing home worker for the full amount of any wages, benefits and 160
195		-	overtime compensation lost due to the violation, less any amount the 161
196		-	nursing home employer is able to establish was actually paid to each 162
197		-	nursing home worker, in addition to liquidated damages, costs and 163
198		-	attorneys' fees. A court may also issue an order requiring compliance 164
199		-	with this section. A nursing home worker found to have experienced 165
200		-	retaliation and loss of pay in violation of this section and subsection (k) 166
201		-	of this section shall be entitled to back pay and reinstatement to the 167
202		-	worker's previous position, wages, benefits, hours and other conditions 168
203		-	of employment. 169
204		-	(m) An agreement between a nursing home employer and nursing 170
205		-	home worker or labor union entered into after the board adopts and 171
206		-	implements minimum standards pursuant to this section that fails to 172
207		-	meet such minimum standards shall not be a defense to an action 173
208		-	brought under subsection (l) of this section. 174
209		-	(n) Not later than December 1, 2025, and annually thereafter, the 175
210		-	board shall file a report, in accordance with the provisions of section 11-176
211		-	4a of the general statutes, on actions taken, standards recommended or 177 Substitute Bill No. 1417
	188	+	LCO No. 4849 6 of 7
	189	+
	190	+	exercised or attempted to exercise rights protected under this section, 137
	191	+	including participating in any investigations concerning violations of 138
	192	+	this section or attending training or board proceedings. It shall be 139
	193	+	unlawful for a nursing home employer to: (1) Inform another employer 140
	194	+	that a nursing home worker or former nursing home worker has 141
	195	+	engaged in an investigation of a violation of this section or exercised or 142
	196	+	attempted to exercise any right protected under this section; or (2) report 143
	197	+	or threaten to report the actual or suspected citizenship or immigration 144
	198	+	status of a nursing home worker, former nursing home worker or family 145
	199	+	member of a nursing home worker to a federal, state or local agency for 146
	200	+	exercising or attempting to exercise any right protected under this 147
	201	+	section. 148
	202	+	(l) It shall be unlawful for a nursing home employer to employ a 149
	203	+	nursing home worker for lower wages or other compensation than that 150
	204	+	adopted as the minimum nursing home employment standards by the 151
	205	+	board and adopted pursuant to the provisions of subsection (g) of this 152
	206	+	section. One or more nursing home workers may bring a civil action in 153
	207	+	any Superior Court in the state against a nursing home employer who 154
	208	+	violates the provisions of this section and such action may represent a 155
	209	+	class of similarly situated nursing home workers. Upon a finding of one 156
	210	+	or more violations, a nursing home employer shall be liable to each 157
	211	+	nursing home worker for the full amount of any wages, benefits and 158
	212	+	overtime compensation lost due to the violation, less any amount the 159
	213	+	nursing home employer is able to establish was actually paid to each 160
	214	+	nursing home worker, in addition to liquidated damages, costs and 161
	215	+	attorneys' fees. A court may also issue an order requiring compliance 162
	216	+	with this section. A nursing home worker found to have experienced 163
	217	+	retaliation and loss of pay in violation of this section shall be entitled to 164
	218	+	back pay and reinstatement to the worker's previous position, wages, 165
	219	+	benefits, hours and other conditions of employment. 166
	220	+	(m) An agreement between a nursing home employer and nursing 167
	221	+	home worker or labor union that fails to meet the minimum standards 168
	222	+	adopted by the board pursuant to this section shall not be a defense to 169
	223	+	Raised Bill No. 1417
212	224
213	225
214		-	LCO 7 of 7
215	226
216		-	adopted and state appropriations necessary to implement such 178
217		-	standards with the joint standing committees of the General Assembly 179
218		-	having cognizance of matters relating to aging, appropriations and the 180
219		-	budgets of state agencies, human services, labor and public health. 181
220		-	(o) The Labor Commissioner, in consultation with the board, shall 182
221		-	adopt regulations concerning minimum compensation standards, in 183
222		-	accordance with chapter 54 of the general statutes, to implement the 184
223		-	provisions of this section. 185
224		-	(p) The Commissioner of Public Health, in consultation with the 186
225		-	board, shall adopt regulations concerning minimum training standards 187
226		-	for nursing home workers, in accordance with chapter 54 of the general 188
227		-	statutes, to implement the provisions of this section. 189
	227	+	LCO No. 4849 7 of 7
	228	+
	229	+	an action brought under subsection (l) of this section. 170
	230	+	(n) Not later than December 1, 2025, and annually thereafter, the 171
	231	+	board shall file a report, in accordance with the provisions of section 11-172
	232	+	4a of the general statutes, on actions taken, standards recommended or 173
	233	+	adopted and state appropriations necessary to implement such 174
	234	+	standards with the joint standing committees of the General Assembly 175
	235	+	having cognizance of matters relating to aging, appropriations and the 176
	236	+	budgets of state agencies, human services, labor and public health. 177
	237	+	(o) The Labor Commissioner, in consultation with the board, shall 178
	238	+	adopt regulations concerning minimum compensation standards, in 179
	239	+	accordance with chapter 54 of the general statutes, to implement the 180
	240	+	provisions of this section. 181
	241	+	(p) The Commissioner of Public Health, in consultation with the 182
	242	+	board, shall adopt regulations concerning minimum training standards 183
	243	+	for nursing home workers, in accordance with chapter 54 of the general 184
	244	+	statutes, to implement the provisions of this section. 185
228	245		This act shall take effect as follows and shall amend the following
229	246		sections:
230	247
231	248		Section 1 July 1, 2025 New section
232	249
233		-	Statement of Legislative Commissioners:
234		-	In, Subsec. (d)(3), "term to be served by the chairperson" was removed
235		-	and replaced with "duration of time that a member elected as
236		-	chairperson shall serve in that capacity" for clarity, Subsecs. (f)(1) to
237		-	(f)(3), inclusive, "by occupation" was inserted after "workers" and "and
238		-	nursing home occupations" was removed, for clarity; in Subsec. (i),
239		-	"after training standards are adopted and implemented pursuant to this
240		-	section" was inserted after "two years", for clarity; in Subsec. (l), "and
241		-	subsection (k) of this section" was inserted, for clarity; and in Subsec.
242		-	(m), "entered into after the board adopts and implements minimum
243		-	standards pursuant to this section" was inserted after "union", "such"
244		-	was inserted before "minimum" and "adopted by the board pursuant to
245		-	this section" was deleted for accuracy and clarity.
	250	+	Statement of Purpose:
	251	+	To establish a board to develop minimum nursing home workforce
	252	+	standards for compensation and training.
246	253
247		-	HS Joint Favorable Subst. -LCO
	254	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	255	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	256	+	underlined.]
248	257