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Connecticut Passes Act Adding Additional Home Health Aide Protections

October 4, 2024

Following the death of a visiting nurse in Willimantic, Connecticut in October 2023, measures have been taken to enhance protections of home health aides and visiting nurses. The visiting nurse was tragically killed by a client, with a violent past, that she had no knowledge of. After this tragedy, petitions for additional protections spread through Connecticut resulting in the passing of Public Act No-24-19 which will increase protections for health aides and require agencies to provide workers with detailed client information.


What Employers Are Affected?

Key Takeaways:

Starting on October 1, Home Health Care and Home Health agencies will now be required to collect certain client information including:

  • History of Violence against healthcare workers
  • Domestic abuse
  • Substance abuse
  • Psychiatric history, including details regarding stability of symptoms/diagnoses
  • Any violent acts involving the client
  • Sex offender registry status


Home Health Care and Home Health agencies will also be required to provide information on the service location including:

  • Municipalities crime rate
  • Presence of hazardous materials
  • Presence of firearms and other weapons
  • Any other safety hazards 


Agencies are required to annually review the Department of Emergency Services and Public Protection (DESPP) report to collect related data for locations.


Agencies are prohibited from denying services to clients solely based on collected information/clients’ refusal to provide information.


Agencies are required to conduct monthly safety assessments with direct care staff and comply with specific workplace safety-related training requirements. Medicaid reimbursement is conditioned on compliance with training requirements and timely reporting will result in Medicaid rate enhancement.



Agencies will be required, beginning in 2025, to annual report to the Department of Public Health (DPH) on each instance of a client’s verbal abuse that an agency staff member perceives as a threat or danger, physical or sexual abuse, or any other client abuse of staff members.


Next Steps for Employers:

With this new act having taken effect on October 1, 2024, employers should begin to review DESPP reports and should begin to collect required information to provide to staff. They should also start preparing reports for DPH regarding any incidents, as the first annual report will be due on January 1, 2025.


It is extremely important for employers to remain up to date on legislation to ensure compliance and to update existing policies as needed.


If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

 

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Though the Difference Makers event has come to a close, let's continue to shine a light on the transformative power of giving back to our community! Every year, The Royal Law Firm is humbled to be a part of this incredible event that spotlights the brightest stars in our community. We can't wait to celebrate the 2026 Difference Makers and the boundless impact they'll have!

Appellate Court Affirms ADA Right to Accommodation

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The United States District Court for the Northern District of New York issued an order granting summary judgment in favor of the Defendant, a school district, in a claim brought pursuant to the Americans with Disabilities Act (ADA). The Court agreed that the Plaintiff, a teacher, did not qualify for accommodation under the ADA because she could perform her job fully without the accommodation. It was agreed upon that her job functions could be performed but under “great duress and harm.” The Plaintiff appealed this decision to the United States Court of Appeals for the Second Circuit. The Court disagreed with the USDC NY decision, stating that “an employee may qualify for a reasonable accommodation even if she can perform the essential functions of her job without the accommodation.” For Employers This ruling reminds us that the crux of the ADA is if the accommodation is reasonable, aimed at mitigating disability related limitations, and does not place an undue burden on the employer, the employer is expected to fulfill that accommodation. Every request for accommodation should be looked at on a case-by-case basis. A broad metric should not be how a business decides if it should allow any requests for ADA accommodation(s). The attorneys at The Royal Law Firm are dedicated to helping employers navigate ADA accommodations and interpretations in their day-to-day practice and handbooks. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
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