§ 17b-374 — Home care provider registry.

(a) As used in this section, (1) “home care” means long-term services and supports provided to adults in a home or community-based program administered by the Department of Social Services; (2) “family caregiver” means a person who provides adult family living services under (A) the Connecticut home-care program for the elderly established pursuant to section 17b-342, (B) the personal care assistance program established pursuant to section 17b-605a, or (C) any of the three programs established under Section 1915(c) of the Social Security Act to provide home and community-based services to clients of the Department of Developmental Services; (3) “home care provider” means a person who (A) provides home care or long-term services and supports and is not licensed by the Department of Public Health pursuant to title 20, or (B) is employed by an entity that provides such services, including, but not limited to, (i) a home health agency or hospice agency, as such terms are defined in section 19a-490, or (ii) a homemaker-companion agency, as defined in section 20-670, and (C) is not a (i) personal care attendant, as defined in section 17b-706, or (ii) family caregiver; and (4) “long-term services and supports” means (A) health, health-related, personal care and social services provided to persons with physical, cognitive or mental health conditions or disabilities to facilitate optimal functioning and quality of life, or (B) hospice care provided to persons who may be nearing the end of their lives. (b) On and after January 1, 2025, the Commissioner of Social Services, in consultation with the Commissioners of Public Health and Consumer Protection, shall develop and maintain a home care provider registry and data processing system that shall promote awareness of and access to qualified home care providers for persons who receive Medicaid-covered home and community-based services, and may support recruitment and retention of qualified home care providers and support oversight of home care providers. The commissioner shall post a link to such registry on the Department of Social Services' Internet web site. (c) (1) Except as provided in subdivision (2) of this subsection, the home care provider registry shall include the following information regarding each home care provider in the state: (A) First and last name; (B) job title; (C) date of hire; (D) the home care provider's employer's legal name; (E) list of training programs offered by the home care provider's employer; and (F) the date the home care provider completed any such training. The Commissioner of Social Services, in consultation with the Commissioners of Public Health and Consumer Protection, shall develop procedures for collecting and maintaining the information described in this subsection, including, but not limited to, procedures relating to the frequency of collection and methods for updating or removing inaccurate or outdated information. (2) A home care provider may assert an exemption from the provisions of this section if such home care provider (A) is a (i) victim of domestic violence, as defined in subsection (b) of section 46b-1 , or (ii) victim of sexual assault, as defined in section 19a-112e , (B) is protected by (i) a protective order, restraining order or standing criminal protective order issued by the courts of this state, including, but not limited to, orders issued pursuant to sections 46b-15 , 46b-16a , 46b-38c , 53a-40e , 54-1k , 54-82q and 54-82r , or (ii) a foreign order of protection, as defined in section 46b-15a , or (C) asserts that extraordinary personal circumstances require an exemption be granted to protect the health, safety or welfare of such home care provider. A home care provider shall assert such an exemption directly to such home care provider's employer in a form and manner prescribed by the Commissioner of Social Services. A home care provider who asserts an exemption pursuant to the provisions of this subdivision shall not be required to submit proof that such home care provider qualifies for an exemption. (d) The home care provider registry may include, but need not be limited to, functionalities that: (1) Connect persons seeking home and community-based services with qualified home care providers by (A) helping such persons identify and match with qualified home care providers by sorting such providers based on characteristics, including, but not limited to, language proficiency, certifications and previous experience or special skills, and (B) assisting such persons and their families in navigating the home and community-based services system in the state; (2) Support recruitment and retention of qualified home care providers by (A) helping such providers become and stay enrolled as home and community-based services Medicaid providers, (B) actively recruiting home care providers through job advertisements and job fairs, (C) connecting providers to training benefits and opportunities for professional development, (D) facilitating such providers' access to health insurance coverage and other benefits, and (E) facilitating communication with such providers in the event of a public health or other emergency; and (3) Support state oversight of home care providers by (A) facilitating background checks, (B) verifying provider qualifications and identifying special skills, and (C) facilitating communication with providers in the event of a public health or other emergency. (e) The Commissioner of Social Services may submit an advanced planning document to the Centers for Medicare and Medicaid Services for enhanced federal financial participation relating to (1) developing and maintaining the registry, pursuant to the provisions of 45 CFR 95, Subpart F, as amended from time to time, or (2) ongoing operations relating to the registry, pursuant to the provisions of 42 CFR 433, Subpart C, as amended from time to time. (f) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

Legislative History

(P.A. 24-39, S. 1.)