PA 17-53—SB 867

General Law Committee

AN ACT CONCERNING NOTICE REQUIREMENTS FOR HOME HEALTH CARE REGISTRIES

SUMMARY: With one exception, this act requires homemaker-companion service registries to give consumers a written legal liability notice before commencing services, rather than within four days after supplying, referring, or placing an individual homemaker or companion with a consumer. If a bona fide emergency exists, prior law's four-day deadline applies, provided the registry details the specific nature of the emergency on a form approved by the Department of Consumer Protection and signed by the consumer or his or her authorized representative. The act also requires that the notice be in boldface type.

Existing law, unchanged by the act, requires the consumer to sign the notice, which, among other things, must (1) be in plain language; (2) detail the registry's legal liabilities to the homemaker or companion; and (3) advise the consumer that he or she may be considered an employer and responsible for paying taxes, Social Security, overtime and minimum wage, unemployment, workers' compensation, or other payments required by law. The notice must also include a statement advising the consumer to consult a tax professional if he or she is uncertain about his or her responsibility for these taxes or payments.

By law, a homemaker-companion service registry is a person or entity engaged in the business of supplying or referring an individual to, or placing an individual with, a consumer to provide nonmedical support or supervision services when the individual is either (1) directly compensated, in whole or in part, by the consumer or (2) treated, referred to, or considered by the supplying person or entity as an independent contractor.

EFFECTIVE DATE: October 1, 2017