§ 20-679 — Written contracts or service plans. Requirements. Recovery of payment for work performed.

Connecticut § 20-679

• Jurisdiction: Connecticut
• Title 20: Professional and Occupational Licensing, Certification, Title Protection and Registration. Examining Boards
• Ch. 400o: Homemaker-Companion Agencies

Text

(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.

Legislative History

(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). The plain language is clear that section does not provide an exception to the requirement that home care contracts be in writing. 172 CA 182.