General Assembly |
File No. 160 |
January Session, 2013 |
House of Representatives, March 26, 2013
The Committee on General Law reported through REP. BARAM of the 15th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.
AN ACT CONCERNING HOMEMAKER-COMPANION AGENCIES AND CONSUMER PROTECTION.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 20-678 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2014):
On or after January 1, 2012, each homemaker-companion agency, prior to extending an offer of employment or entering into a contract with a prospective employee, shall require such prospective employee to submit to a comprehensive background check. In addition, each homemaker-companion agency shall require that such prospective employee complete and sign a form which contains questions as to whether the prospective employee was convicted of a crime involving violence or dishonesty in a state court or federal court in any state; or was subject to any decision imposing disciplinary action by a licensing agency in any state, the District of Columbia, a United States possession or territory or a foreign jurisdiction. Any prospective employee who makes a false written statement regarding such prior criminal convictions or disciplinary action shall be guilty of a class A misdemeanor. Each homemaker-companion agency shall maintain a paper or electronic copy of any materials obtained during the comprehensive background check and shall make such records available for inspection upon request of the Department of Consumer Protection. Prior to sending an employee to a client's residence for the first time, each homemaker-companion agency shall inform such client, in writing, of the result of any comprehensive background check performed in relation to such employee pursuant to this section.
Sec. 2. Section 20-679 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2014):
Not later than seven calendar days after the date on which a homemaker-companion agency commences providing homemaker services or companion services, such agency shall provide the person who receives the services, or the authorized representative of such person, with a written contract or service plan that prescribes the anticipated scope, type, frequency, duration and cost of the services provided by the agency. In addition, any contract or service plan provided by a homemaker-companion agency to a person receiving services shall also provide [notice] conspicuous notice, in boldface type (1) of the person's right to request changes to, or review of the contract or service plan, (2) of the employees of such agency who, pursuant to section 20-678, as amended by this act, are required to submit to a comprehensive background check, [and] (3) that such agency's records are available for inspection or audit by the Department of Consumer Protection, (4) that the agency is not able to guarantee the extent to which its services will be covered under any insurance plan, and (5) that such contract or service plan may be cancelled at any time by the client if such contract or service plan does not contain a specific period of duration. No contract or service plan for the provision of homemaker or companion services shall be valid against the person who receives the services or the authorized representative of such person, unless the contract or service plan has been signed by a duly authorized representative of the homemaker-companion agency and the person who receives the services or the authorized representative of such person. The requirements of this section shall not apply to homemaker services or companion services provided under the Connecticut home-care program for the elderly administered by the Department of Social Services in accordance with section 17b-342. A written contract or service plan between a homemaker-companion agency and a person receiving services or the authorized representative of such person shall not be enforceable against such person receiving services or authorized representative unless such written contract or service plan contains all of the requirements of this section.
Sec. 3. (NEW) (Effective January 1, 2014) A client may cancel a contract or service plan entered into with a homemaker-companion agency, pursuant to chapter 400o of the general statutes, at any time if such contract or service plan does not state a specific period of duration. A client shall only be obligated to pay for actual services rendered pursuant to such contract or service plan and shall not be billed by or on behalf of a homemaker-companion agency for excess fees or costs when such agency provides the services of a higher-skilled individual than needed by the client.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
January 1, 2014 |
20-678 |
Sec. 2 |
January 1, 2014 |
20-679 |
Sec. 3 |
January 1, 2014 |
New section |
Statement of Legislative Commissioners:
In section 1, "its clients" was changed to "such client", in section 2, the comma after "conspicuous" was deleted and "notice in" and "type" were added for clarity and in section 2(2), ", as amended by this act," was added for accuracy.
GL |
Joint Favorable Subst. -LCO |
The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note
Explanation
There is no fiscal impact to the Department of Consumer Protection (DCP) in expanding various notice requirements for homemaker-companion agencies as the DCP already acts upon complaints pertaining to such entities and few additional complaints are anticipated.
The Out Years
OLR Bill Analysis
AN ACT CONCERNING HOMEMAKER-COMPANION AGENCIES AND CONSUMER PROTECTION.
This bill expands several notice requirements for homemaker-companion agencies (agencies), including notifying clients of background check results. It also adds certain consumer protections to agency contracts, including specifying payment obligations and when contracts are enforceable and can be cancelled.
By law, a homemaker-companion agency is any public or private organization that employs one or more people that provide companion or homemaker services, including assisting with personal hygiene, cooking, household cleaning, laundry, and other household chores, but not home health care.
EFFECTIVE DATE: January 1, 2014
BACKGROUND CHECK NOTIFICATION
By law, agencies must require prospective employees to submit to a comprehensive background check before extending an offer of employment or entering into a contract with a prospective employee. The bill further requires agencies to inform their clients, in writing, of the result of such checks on an employee before sending him or her to the client's residence for the first time.
CONTRACT NOTICE PROVISIONS
By law, agencies must, within seven calendar days of beginning services, provide the client with a written contract or service plan. These contracts or plans must provide notice that the (1) client or his or her representative has the right to request changes or review the contract or plan, (2) agency's employees are required to submit to a comprehensive background check, and (3) agency's records are available for inspection or audit by the Department of Consumer Protection.
The bill requires these notices to (1) be conspicuous and in boldface type and (2) also indicate that the (a) agency is not able to guarantee the extent to which its services will be covered under any insurance plan and (b) client may cancel the contract or plan if it does not contain a specific period of duration.
By law, these notice requirements do not apply to agencies servicing clients in the Connecticut Home Care Program for Elders.
CONTRACT ENFORCEABLITY AND CANCELLATION
Under the bill, written contracts or service plans are not enforceable against the client or his or her representative unless they contain all the provisions the law requires. The bill also allows a client to cancel a contract or service plan at any time if it does not state a specific period of duration.
PAYMENT OBLIGATIONS
The bill requires clients to pay only for actual services rendered. It prohibits an agency from billing for excess fees or costs when it provides the services of a higher-skilled individual than the client needs.
COMMITTEE ACTION
General Law Committee
Joint Favorable
Yea |
18 |
Nay |
0 |
(03/12/2013) |