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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.

 

Recent Department of Education Investigation has Created More Questions Regarding DEI-Type Protocols for Employers

February 26, 2025
Recent executive orders issued by the executive branch have raised questions for many employers, especially relating to DEI policies. While it was initially interpreted that the executive orders regarding the presence of DEI policies only applied to federal agencies and companies that receive federal funds, a recent investigation by the Department of Education has raised questions about whether privately funded organizations and companies could face prosecution.  In Massachusetts, the Massachusetts Interscholastic Athletic Association (as known as MIAA), a program not directly funded by the federal government, is being investigated by the Department of Education for an alleged violation of Title IX in allowing transgender individuals to participate in women’s sports. While MIAA’s policy is loosely related to DEI protocols, this investigation seems to declare that support of DEI-type programs and policies by private companies can be prosecuted akin to this investigation. It is investigations such as these that has led to a movement called “rainbow-hushing,” in which companies drop or quietly rebrand their diversity, equity and inclusion programs to avoid prosecution. While confusion and contradictions between anti-discrimination laws and the new wave of executive orders issued by the executive branch remain abound, it is prudent practice to seek legal counsel to avoid prosecution under the new executive orders, akin to MIAA. 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.

Massachusetts’ Superior Court Judge Rules Recording in Workplace Admissible

February 19, 2025
The Massachusetts Superior Court found that Massachusetts’ wiretap statue does not bar employers from using allegedly illegally obtained recordings in civil proceedings. In a recent case, an employee claimed she was forced to resign. Plaintiff’s coworker recorded an argument between the Plaintiff and her supervisor without her consent and shared it with supervisors. The employee then sued for discrimination and retaliation, along with two counts for violation of the wiretap statute. Massachusetts is a two-party consent state but, in this case, it was found that the consent of only one party was needed because nothing in the Wiretap Statute bars the use of an allegedly illegally obtained communication in a civil proceeding. The court found that the provisions about the use of illegally obtained communications in evidence are limited to criminal trials. However, depending on the court, results may differ, as this recording was central to proving and/or disproving the Plaintiff’s claim, and as such, the recording was indispensable as a piece of evidence. Issues with unauthorized recordings have been arising all the time in civil proceedings because recording devices are everywhere, whether they be a cell phone, laptop or other recording device. This ruling is good for employers, as if there is an otherwise inadmissible recording that is made that disproves an employee’s claims, it can be admissible as evidence if meets the same scenario above. However, employers must be careful to use these recordings as they may be inadmissible and may not show the same thing that the employer believes in the court’s eyes. This being said, it is prudent to consult an attorney before utilizing a recording for any employment action or in legal action to avoid unwanted consequences. 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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