Sec. 20-675. Disciplinary actions against homemaker-companion agency. Grounds. Notice and hearing.
Sec. 20-679c. Nonmedical care written notice.
Sec. 20-679d. Consumer brochure and Internet web site.
Sec. 20-684. Complaint process guide.
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; (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; or (5) failing to provide a written notice, obtain a signed notice or maintain a copy of a signed notice, as required by section 20-679c.
(b) The commissioner shall revoke a certificate of registration if a homemaker-companion agency is found to have violated, after an administrative hearing conducted in accordance with chapter 54, the provisions of subdivisions (1) to (5), inclusive, of subsection (a) of this section three times in one calendar year.
(c) 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; P.A. 23-48, S. 12.)
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; P.A. 23-48 amended Subsec. (a) by adding Subdiv. (5) re failure to provide, obtain or maintain a copy of notice and made a conforming change, added new Subsec. (b) re revocation of certificates of registration, and redesignated existing Subsec. (b) as Subsec. (c), effective June 13, 2023.
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Sec. 20-677. Display and advertisement of certificate of registration. Prohibitions. Penalties. Changes in ownership. Expiration. Renewal. Restrictions on advertising. Notice re cessation of services. (a) Each person obtaining a homemaker-companion agency certificate of registration shall (1) exhibit the agency's certificate of registration upon request by any interested party, (2) state in any advertisement the fact that the agency is registered, and (3) include the agency's registration number in any advertisement.
(b) No person shall (1) present or attempt to present, as such person's own, the certificate of another, (2) knowingly give false evidence of a material nature to the Commissioner of Consumer Protection for the purpose of procuring a certificate, (3) represent such person falsely as, or impersonate, a registered homemaker-companion agency, (4) use or attempt to use a certificate which has expired or which has been suspended or revoked, (5) offer or provide homemaker services or companion services without having a current certificate of registration under the provisions of sections 20-670 to 20-680, inclusive, or (6) represent in any manner that such person's registration constitutes an endorsement by the commissioner of the quality of services provided by such person.
(c) In addition to any other remedy provided for in sections 20-670 to 20-676, inclusive, any person who violates any provision of subsection (b) of this section shall be fined not more than one thousand dollars or imprisoned not more than six months, or both.
(d) Certificates issued to a homemaker-companion agency shall not be transferable or assignable. Prior to any sale or change in ownership of a registered homemaker-companion agency, each proposed new individual owner, or, if a proposed new owner is a business entity, the individual owners of such business entity, shall submit to state and national criminal history records checks as required under section 20-672, unless:
(1) The proposed new owner (A) owns less than ten per cent of the shares or other equity interests in any publicly listed or traded homemaker-companion agency, and (B) will not engage in the day-to-day operations, or direct the management and policies, of the registered homemaker-companion agency that is the subject of the proposed sale or change in ownership;
(2) The proposed new owner (A) owns less than five per cent of the shares or other equity interests in any private homemaker-companion agency, and (B) will not engage in the day-to-day operations, or direct the management and policies, of the registered homemaker-companion agency that is the subject of the proposed sale or change in ownership; or
(3) The commissioner waives the requirement that a new application be filed under section 20-672.
(e) All certificates issued under the provisions of sections 20-670 to 20-680, inclusive, shall expire annually. The fee for renewal of a certificate shall be the same as the fee charged for an original application pursuant to section 20-672. Fees collected pursuant to the issuance of a certificate or renewal of a certificate shall be deposited in the General Fund.
(f) Failure to receive a notice of expiration of registration or a renewal application shall not exempt a homemaker-companion agency from the obligation to renew.
(g) A homemaker-companion agency may include in its business name and advertising the term “care” if such term is used in reference to such agency's provision of homemaker services, provided, on and after October 1, 2023, any such advertising (1) shall prominently and clearly display in plain font with distinctly contrasting colors at the top of such advertising, including, but not limited to, each page of the agency's Internet web site, social media posts, print media and audio-visual advertisements, the clear and conspicuous words: “(Insert name of homemaker-companion agency) solely provides nonmedical care.”, or, if such advertising is an audio advertisement, such words shall be audibly conveyed at the same speed and manner as the rest of such audio advertisement, and (2) shall not include any words that indicate or suggest that such agency provides any services beyond the scope of services authorized under this chapter, including, but not limited to, words relating to medical or health care licensure or services. A homemaker-companion agency may include in its advertising words that accurately describe, as determined by the commissioner, that such agency has employees who are trained to provide homemaker services to individuals experiencing memory difficulties, provided the agency details the type of training and number of hours each employee was trained to provide such services. A violation of the provisions of this subsection shall constitute untruthful or misleading advertising for the purposes of subsection (a) of section 20-675.
(h) Not later than ten days before a homemaker-companion agency ceases providing all homemaker services and companion services in this state, the homemaker-companion agency shall send a written notice to the Department of Consumer Protection disclosing the impending cessation and contact information that the department may use to contact such homemaker-companion agency to obtain additional information.
(i) (1) Except as provided in subdivision (2) of this subsection, a homemaker-companion agency shall, not later than ten days before the homemaker-companion agency unilaterally ceases providing homemaker services or companion services to any person in this state, send a written notice to such person disclosing (A) the impending cessation, (B) how such person may transition to alternative care, (C) how such person shall be reimbursed for any prepaid homemaker services or companion services, and (D) contact information that such person may use to contact such homemaker-companion agency to obtain additional information.
(2) A homemaker-companion agency may cease providing homemaker services or companion services to any person in this state during the notice period established in subdivision (1) of this subsection if (A) such person, such person's authorized representative or any other person who resides in, or has access to, such person's home has verbally or physically abused, threatened or otherwise mistreated an employee of such homemaker-companion agency, (B) providing such homemaker services or companion services would place such homemaker-companion agency at risk of failing to comply with any applicable local, state or federal law, including, but not limited to, any applicable local, state or federal antidiscrimination, employment, health or occupational safety law, or (C) such person has failed to tender payment for such homemaker services or companion services pursuant to the written contract or service plan.
(P.A. 06-187, S. 59; P.A. 08-17, S. 1; P.A. 10-32, S. 78; P.A. 23-48, S. 13; 23-99, S. 18.)
History: P.A. 08-17 amended Subsec. (b)(5) by replacing “to” with “or” to prohibit any person from offering or providing homemaker or companion services without a certificate of registration; P.A. 10-32 made a technical change in Subsec. (c), effective May 10, 2010; P.A. 23-48 added Subsec. (g) re advertising restrictions, effective June 13, 2023; P.A. 23-99 amended Subsec. (d) by adding provisions re state and national criminal history records checks, added Subsec. (g), codified by the Revisors as Subsec. (h), requiring notice to Department of Consumer Protection re cessation of all homemaker services and companion services in this state, added Subsec. (h), codified by the Revisors as Subsec. (i), requiring notice to person re unilateral cessation of homemaker services or companion services to any person in this state, and made technical and conforming changes in Subsecs. (a) and (b).
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Sec. 20-679. Written contracts or service plans. Requirements. Recovery of payment for work performed. (a) A homemaker-companion agency shall disclose, in writing, to a person who is scheduled to receive homemaker services or companion services, or such person's authorized representative, the full legal name of the employee who will provide such services. The homemaker-companion agency shall make such disclosure to such person, or such person's authorized representative, before such employee enters such person's home.
(b) 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 such services, or the authorized representative of such person, with a written contract or service plan. The written contract or service plan shall be developed in consultation with such person or authorized representative and include (1) a person-centered plan of care and services that prescribes the anticipated scope, type, frequency, duration and cost of such services, (2) the anticipated scope, type and frequency of oversight of an employee assigned to such person by the homemaker-companion agency, and (3) a predetermined frequency of meetings between the person who oversees such employee and the person who receives the services, or the authorized representative of such person. In addition, any contract or service plan provided by a homemaker-companion agency to a person receiving homemaker services or companion services shall also provide conspicuous notice, in boldface type, disclosing (A) the person's right to request changes to, or review of, the contract or service plan, (B) that such agency shall provide at least sixty days' advance written notice to such person or such person's authorized representative disclosing any change in the rate for the same level or type of services provided and charged for such services, (C) the employees of such agency who, pursuant to section 20-678 are required to submit to a comprehensive background check, (D) that upon the request of such person or an authorized representative of such person, such agency shall provide such person or representative of such person with written notice that a comprehensive background check, as required pursuant to section 20-678, was performed for all employees of such agency performing homemaker services or companion services for such person, (E) that such agency's records are available for inspection or audit by the Department of Consumer Protection, (F) that the agency is not able to guarantee the extent to which its homemaker services or companion services will be covered under any insurance plan, and (G) 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. On the date that a homemaker-companion agency provides such contract or service plan to such person, the agency shall also provide a printed copy of the guide that details the process by which such person, or such person's authorized representative, may file a complaint against such agency, posted on the Department of Consumer Protection's Internet web site pursuant to 20-284. 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. No change in the rate for the same level or type of services provided and charged for homemaker services or companion services shall be valid against a person who is receiving such services unless the homemaker-companion agency providing such services provides at least sixty days' advance written notice to such person, or such person's authorized representative, disclosing such rate change. 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.
(c) Nothing in this section shall preclude a homemaker-companion agency that has complied with subparagraphs (A) to (G), inclusive, of subsection (b) of this section from the recovery of payment for work performed based on the reasonable value of homemaker services or companion services which were requested by the person receiving such services, provided the court determines that it would be inequitable to deny such recovery.
(P.A. 06-187, S. 61; P.A. 13-88, S. 2; P.A. 23-48, S. 13; 23-99, S. 19.)
History: P.A. 13-88 designated existing provisions as Subsec. (a) and amended same to make technical changes, add provision re conspicuous, boldface type notice, add Subdivs. (3) and (5) re written notice of comprehensive background check and that agency is not able to guarantee insurance coverage, redesignate existing Subdiv. (3) as Subdiv. (4), add Subdiv. (6) re cancellation of contract or service plan at any time if it does not contain a specific duration and add provision re contract or service plan not to be enforceable if it does not contain all requirements of section, and added Subsec. (b) re homemaker-companion agency recovery of payment for work performed based on reasonable value of services, effective January 1, 2014; P.A. 23-48 amended Subsec. (a) by adding provision re development contract or service plan in consultation with person receiving services or authorized representative, adding provision re “person-centered plan of care and services”, designating existing provision re anticipated scope, type, frequency, duration and cost of services as new Subdiv. (1), adding new Subdiv. (2) re employee oversight, adding new Subdiv. (3) re frequency of oversight meetings, redesignating existing Subdivs. (1) to (6) as Subparas. (A) to (F), and adding provision re provision of printed copy of guide that details complaint process, and amended Subsec. (b) by making a conforming change; P.A. 23-99 added Subsec. (a) re written disclosure of identity of service provider, redesignated existing Subsecs. (a) and (b) as Subsecs. (b) and (c), amended redesignated Subsec. (b) by adding new Subdiv. (2), codified by the Revisors as Subpara. (B), re written notice re change in rate charged for same level or type of services, redesignating existing Subdivs. (2) to (6) as Subdivs. (3) to (7), codified by the Revisors as Subparas. (C) to (G), and adding provisions re invalidity of charges absent written notice re change in rate for same level or type of services, and made technical and conforming changes in Subsecs. (b) and (c).
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Sec. 20-679c. Nonmedical care written notice. Each homemaker-companion agency, prior to providing homemaker services or companion services, shall (1) provide the person who receives the services, or the authorized representative of such person, with a written notice that the agency provides nonmedical care, and (2) obtain the signature of such person or representative on the written notice. The agency shall maintain a paper or electronic copy of such signed notice until such time that the person who receives the services ceases receiving services from the agency and make such copy available for inspection upon the request of the Commissioner of Consumer Protection.
(P.A. 23-48, S. 17.)
History: P.A. 23-48 effective June 13, 2023.
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Sec. 20-679d. Consumer brochure and Internet web site. On and after January 1, 2024, each homemaker-companion agency, as defined in section 20-670 shall have a printed consumer brochure and maintain an Internet web site detailing the homemaker and companion services offered by such agency and provide such brochure or the address of such Internet web site upon the request of consumers.
(P.A. 23-48, S. 15.)
History: P.A. 23-48 effective June 13, 2023.
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Sec. 20-684. Complaint process guide. Not later than October 1, 2023, the Commissioner of Consumer Protection shall post a guide that details the process by which a person who receives homemaker services or companion services, as defined in section 20-670 or the authorized representative of such person, may file a complaint against a homemaker-companion agency, as defined in section 20-670 on its Internet web site.
(P.A. 23-48, S. 14.)
History: P.A. 23-48 effective June 13, 2023.
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