Sec. 20-670. Definitions. As used in sections 20-670 to 20-680, inclusive:
(1) "Certificate" means a certificate of registration issued under section 20-672.
(2) "Commissioner" means the Commissioner of Consumer Protection or any person designated by the commissioner to administer and enforce the provisions of sections
20-670 to 20-680, inclusive.
(3) "Companion services" means nonmedical, basic supervision services to ensure
the well-being and safety of a person in such person's home.
(4) "Employee" means any person employed by, or who enters into a contract to
perform services for, a homemaker-companion agency, including, but not limited to,
temporary employees, pool employees and persons treated by such agency as independent contractors.
(5) "Comprehensive background check" means a background investigation of a
prospective employee performed by a homemaker-companion agency, that includes:
(A) A review of any application materials prepared or requested by the agency and
completed by the prospective employee; (B) an in-person interview of the prospective
employee; (C) verification of the prospective employee's Social Security number; (D) if
the position applied for within the agency requires licensure on the part of the prospective
employee, verification that the required license is in good standing; (E) a check of the
registry established and maintained pursuant to section 54-257; (F) a review of criminal
conviction information obtained through a search of current criminal matters of public
record in this state based on the prospective employee's name and date of birth; (G) if
the prospective employee has resided in this state less than three years prior to the date
of the application with the agency, a review of criminal conviction information from
the state or states where such prospective employee resided during such three-year period; and (H) a review of any other information that the agency deems necessary in order
to evaluate the suitability of the prospective employee for the position.
(6) "Homemaker services" means nonmedical, supportive services that ensure a
safe and healthy environment for a person in such person's home, such services to
include assistance with personal hygiene, cooking, household cleaning, laundry and
other household chores.
(7) "Homemaker-companion agency" means (A) any public or private organization
that employs one or more persons and is engaged in the business of providing companion
services or homemaker services, or (B) any registry. "Homemaker-companion agency"
shall not include a home health care agency, as defined in subsection (d) of section 19a-490, or a homemaker-home health aide agency, as defined in subsection (e) of section
19a-490.
(8) "Registry" means any person or entity engaged in the business of supplying or
referring an individual to or placing an individual with a consumer to provide homemaker or companion services provided by such individual, when the individual providing such services is either (A) directly compensated, in whole or in part, by the consumer,
or (B) treated, referred to or considered by such person or entity as an independent
contractor.
(9) "Service plan" means a written document provided by a homemaker-companion
agency to a person utilizing services provided by such agency, that specifies the anticipated scope, type, frequency and duration of homemaker or companion services that
are to be provided by such agency for the benefit of the person.
(P.A. 06-187, S. 52; P.A. 11-230, S. 1; 11-242, S. 91.)
History: P.A. 11-230 redefined "employee" in Subdiv. (4), added new Subdiv. (7) defining "registry", redesignated
existing Subdiv. (7) as Subdiv. (8) and made a technical change, effective January 1, 2012; P.A. 11-242 redefined "employee" in Subdiv. (4), added new Subdiv. (5) defining "comprehensive background check", redesignated existing Subdivs.
(5) and (6) as Subdivs. (6) and (7), redefined "homemaker-companion agency" in said Subdiv. (7), added new Subdiv. (8)
defining "registry" and redesignated existing Subdiv. (7) as Subdiv. (9), effective January 1, 2012.
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Sec. 20-672. Application for registration. Fees. Failure to register. (a) Any person seeking a certificate of registration as a homemaker-companion agency shall apply
to the Commissioner of Consumer Protection, in writing, on a form provided by the
commissioner. The application shall include the applicant's name, residence address,
business address, business telephone number and such other information as the commissioner may require. An applicant shall also be required to submit to state and national
criminal history records checks in accordance with section 29-17a and to certify under
oath to the commissioner that: (1) Such agency complies with the requirements of section
20-678 concerning employee comprehensive background checks, (2) such agency provides all persons receiving homemaker or companion services with a written individualized contract or service plan that specifically identifies the anticipated scope, type, frequency and duration of homemaker or companion services provided by the agency to
the person, (3) such agency maintains a surety bond, and (4) all records maintained by
such agency shall be open, at all reasonable hours, for inspection, copying or audit by
the commissioner.
(b) Each application for a certificate of registration as a homemaker-companion
agency shall be accompanied by a fee of three seventy-five hundred dollars.
(c) Upon the failure by a homemaker-companion agency to comply with the registration provisions of this section, the Attorney General, at the request of the Commissioner of Consumer Protection, is authorized to apply in the name of the state of Connecticut to the Superior Court for an order temporarily or permanently restraining and
enjoining a homemaker-companion agency from continuing to do business in the state.
(P.A. 06-187, S. 54; June Sp. Sess. P.A. 09-3, S. 276; P.A. 11-242, S. 92.)
History: June Sp. Sess. P.A. 09-3 amended Subsec. (b) to increase fee; P.A. 11-242 amended Subsec. (a) by requiring
an applicant to submit to state and national criminal history records checks in accordance with Sec. 29-17a, effective
January 1, 2012.
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Sec. 20-675. Disciplinary actions against homemaker-companion agency.
Grounds. Notice and hearing. (a) The Commissioner of Consumer Protection may
revoke, suspend or refuse to issue or renew any certificate of registration as a homemaker-companion agency or place an agency on probation or issue a letter of reprimand
for: (1) Conduct by the agency, or by an employee of the agency while in the course
of employment, of a character likely to mislead, deceive or defraud the public or the
commissioner; (2) engaging in any untruthful or misleading advertising; (3) failure of
such agency that acts as a registry to comply with the notice requirements of section
20-679a; or (4) failing to perform a comprehensive background check of a prospective
employee or maintain a copy of materials obtained during a comprehensive background
check, as required by section 20-678.
(b) The commissioner shall not revoke or suspend any certificate of registration
except upon notice and hearing in accordance with chapter 54.
(P.A. 06-187, S. 58; P.A. 11-230, S. 2; 11-242, S. 93.)
History: P.A. 11-230 amended Subsec. (a) by adding Subdiv. (3) re failure of agency that acts as registry to comply
with notice requirements of Sec. 20-679a, effective January 1, 2012; P.A. 11-242 amended Subsec. (a) by adding provision,
codified by the Revisors as Subdiv. (4), re failure to conduct or maintain copy of comprehensive background check,
effective January 1, 2012.
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Sec. 20-678. Prospective employees required to submit to comprehensive
background check. Written statements re prior criminal convictions or disciplinary action. Maintenance and inspection of records. 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.
(P.A. 06-187, S. 60; P.A. 11-242, S. 94.)
History: P.A. 11-242 added provisions requiring prospective employees to submit to a comprehensive background
check and sign a form re past criminal convictions and disciplinary action by licensing agencies, deleted provisions re
employees hired on or after October 1, 2006, and added provision requiring homemaker-companion agencies to maintain
background check records and make such records available for inspection by Department of Consumer Protection, effective
January 1, 2012.
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Sec. 20-679a. Written notice requirements for registries. (a) Not later than
seven calendar days after the date on which a registry supplies, refers or places an
individual with a consumer, the registry shall provide the consumer with a written notice,
to be signed by the consumer, specifying the legal liabilities of such registry to the
individual supplied or referred to or placed with the consumer. If the registry maintains
an Internet web site, a sample of the notice shall be posted on such Internet web site.
(b) Each notice provided to a consumer pursuant to subsection (a) of this section
shall be written in plain language and shall comply with the plain language standard
detailed in section 42-152. Such notice shall include a statement identifying the registry
as an employer, joint employer, leasing employer or nonemployer, as applicable, along
with a statement advising the consumer he or she may be considered an employer under
law and, if that is the case, the consumer may be held responsible for the payment of
federal and state taxes, Social Security, overtime and minimum wage, unemployment,
workers' compensation insurance payments and any other applicable payment required
under state or federal law. The notice shall also include a statement that the consumer
should consult a tax professional if he or she is uncertain about his or her responsibility
for the payment of such taxes or payments.
(c) For purposes of this section, a homemaker-companion agency that supplies,
refers or places an independent contractor with a consumer for the provision of companion or homemaker services shall be considered a registry, as defined in section 20-670,
and shall be required to provide the consumer with a notice pursuant to subsection (a)
of this section.
(P.A. 11-230, S. 3.)
History: P.A. 11-230 effective January 1, 2012.
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