As used in sections 20-670 to 20-682, 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 20-682 , inclusive.
(3)“Companion services” means nonmedical, basic supervision services to ensure the safety and well-being of a person in the person's home.
(4)“Covenant not to compete” means any agreement or contract that restricts the right of an individual to provide companion services, home health services or homemaker services (A) in any geographic area of the state for any period of time, or (B) to a specific individual.
(5)“Comprehensive background check” means a background inv
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As used in sections 20-670 to 20-682, 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 20-682 , inclusive. (3) “Companion services” means nonmedical, basic supervision services to ensure the safety and well-being of a person in the person's home. (4) “Covenant not to compete” means any agreement or contract that restricts the right of an individual to provide companion services, home health services or homemaker services (A) in any geographic area of the state for any period of time, or (B) to a specific individual. (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 homemaker-companion agency and completed by the prospective employee, (B) an in-person or video-conference interview of the prospective employee, (C) verification of the prospective employee's Social Security number, (D) if the prospective employee has applied for a position within the homemaker-companion agency that requires licensure on the part of such 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 local and national criminal background check of criminal matters of public record based on the prospective employee's name and date of birth that includes a search of a multistate and multijurisdiction criminal record locator or other similar commercial nationwide database with validation, and a search of the United States Department of Justice National Sex Offender Public Website, conducted by a third-party consumer reporting agency or background screening company that is accredited by the Professional Background Screening Association and in compliance with the federal Fair Credit Reporting Act, (G) if the prospective employee has resided in this state for less than three years prior to the date of such prospective employee's application with the homemaker-companion 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 homemaker-companion agency deems necessary in order to evaluate the suitability of the prospective employee for the position. (6) “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, pool employees, temporary employees and persons the homemaker-companion agency treats as independent contractors. (7) (A) “Homemaker-companion agency” means any (i) public or private organization that employs one or more persons and is engaged in the business of providing companion services or homemaker services, or (ii) registry. (B) “Homemaker-companion agency” does not include (i) a home health care agency, as defined in subsection (d) of section 19a-490 , or (ii) a home health aide agency, as defined in subsection (e) of section 19a-490 . (8) “Homemaker services” means nonmedical and supportive services, including assistance with cooking, household cleaning, laundry, personal hygiene and other household chores, that ensure a healthy and safe environment for a person in the person's home. (9) “Immediate family member” means a child by adoption, blood or marriage or a grandchild, grandparent, parent, sibling or spouse. (10) “Registry” means any person or entity engaged in the business of supplying or referring an individual to, or placing an individual with, a consumer for the purpose of enabling the individual to provide to the consumer companion services or homemaker services, provided such individual is (A) directly compensated, in whole or in part, by the consumer, or (B) considered, referred to or treated by such person or entity as an independent contractor. (11) “Service plan” means a written document, provided by a homemaker-companion agency to a person utilizing companion services or homemaker services provided by such agency, that specifies the anticipated duration, frequency, scope and type of the companion services or homemaker services that are to be provided by such agency for the benefit of such person.
(P.A. 06-187, S. 52; P.A. 11-230, S. 1; 11-242, S. 91; P.A. 19-97, S. 11; P.A. 21-37, S. 19; P.A. 22-104, S. 44.) 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; P.A. 19-97 amended Subdiv. (7) by replacing “homemaker-home health aide agency” with “home health aide agency”, effective July 1, 2019; P.A. 21-37 redefined “comprehensive background check” in Subdiv. (5), effective January 1, 2022; P.A. 22-104 substituted references to Sec. 20-682 for references to Sec. 20-681, redesignated existing Subdiv. (4) as new Subdiv. (6), added new Subdiv. (4) defining “covenant not to compete”, redesignated former Subdiv. (6) as new Subdiv. (8), divided existing provisions in Subdiv. (7) into Subparas., added new Subdiv. (9) defining “immediate family member”, redesignated existing Subdivs. (8) and (9) as Subdivs. (10) and (11), and made technical and conforming changes, effective May 24, 2022.