SB 802 — AN ACT CONCERNING WORKERS' COMPENSATION COVERAGE FOR INJURIES SUSTAINED BY PERSONAL CARE ATTENDANTS EMPLOYED DIRECTLY BY CONSUMERS IN STATE-FUNDED PROGRAMS.

AN ACT CONCERNING WORKERS' COMPENSATION COVERAGE FOR INJURIES SUSTAINED BY PERSONAL CARE ATTENDANTS EMPLOYED DIRECTLY BY CONSUMERS IN THESTATE-FUNDED COMMUNITYPROGRAMS. FIRST CHOICE PROGRAM.

General Assembly   RaisedSubstitute Bill No.

802 January Session, 2017   LCO*_____SB00802HS_APP031617____* No.AN ACT CONCERNING WORKERS' COMPENSATION COVERAGE FOR INJURIES SUSTAINED BY PERSONAL CARE ATTENDANTS EMPLOYED DIRECTLY BY CONSUMERS IN STATE-FUNDED PROGRAMS.

3653   *03653_______HS_* Referred to Committee on HUMAN SERVICES   Introduced by:

  (HS)   AN ACT CONCERNING WORKERS' COMPENSATION COVERAGE FOR INJURIES SUSTAINED BY PERSONAL CARE ATTENDANTS EMPLOYED DIRECTLY BY CONSUMERS IN THE COMMUNITY FIRST CHOICE PROGRAM.

(NEW) (Effective July 1, 2017) (a) For purposes of this section,section and sections 17b-706a and 31-275 of the general statutes, as amended by this act, and"consumer", section 4 of this act, (1) "consumer" means a Medicaid recipient who employs and directs a personal care attendant in the Community First Choice program, (2) "personal care attendant" means a person who provides a consumer with assistance in activities of daily living, as defined in section 19a-693 of the general statutes, and in"state-funded health-related tasks, and (3) "Community First Choice program" meanshave the Medicaid-fundedsame program,meanings establishedas pursuantprovided toin section 17b-263c17b-706 of the general statutes,statutes. that allows a consumer to employ a personal care attendant.

(b) The Commissioner of Social Services, shallin collaborateconsultation with the Commissioner of AdministrativeDevelopmental ServicesServices, shall require any fiscal intermediary hired to administer payroll services for consumers in state-funded programs to procure and administer group workers' compensation coverage for any personal care attendantattendants employedfor directlyinjuries byor aoccupational consumerdiseases arising out of and in the Communitycourse Firstof Choicetheir program.employment by consumers.

TheSuch Commissionerfiscal ofintermediary Social Services shall requirebe anydeemed fiscal intermediary for the programemployer toof administersuch thepersonal workers'care compensationattendants benefitssolely andfor disburse the benefitspurpose toof anyprocuring personalsuch carecoverage attendanton whobehalf sustainsof injuriesall onsuch theconsumers propertyas ofrequired aby consumersection while31-284 workingof for the consumer.general statutes.

(c)Consumers Theshall Commissionerbe ofdeemed Social Services shall, if necessary, amend the Medicaidemployer stateof plan,personal incare accordanceattendants with sectionrespect 17b-8 of the general statutes, to (1)such requireattendants' aservices fiscal intermediary to administerthe andconsumer disbursefor workers'all compensationother benefitspurposes pursuantunder tochapter subsection568 (b) of this section, and (2) increase allotment of Medicaid funding per consumer, to the extentgeneral permissiblestatutes. under federal law, to cover any additional cost for benefits.

(d)(c) The provisionsCommissioner of thisSocial Services shall, if necessary, amend the Medicaid state plan or Medicaid waivers, in accordance with section do17b-8 notof applythe general statutes, to (1) require a personalfiscal careintermediary attendantto workingprocure forand aadminister third-partyworkers' employercompensation whobenefits receivespursuant compensationto forsubsection services(b) providedof bythis section, and (2) increase allotment of Medicaid funding per consumer, to the personalextent carepermissible attendantunder federal law, to acover consumer.any additional cost for such benefits.

(d) The Commissioner of Social Services, in consultation with the Commissioner of Developmental Services, may adopt regulations in accordance with the provisions of chapter 54 of the general statutes to implement the provisions of this section.

(e) The provisions of this section do not apply to a personal care attendant working for a third-party employer when such employer receives compensation for services provided by the personal care attendant to a consumer.

(iv) Any person, otherexcept thanfor a personal care attendant employed directly by a consumer, engaged in any type of service in or about a private dwelling provided he[he] such person is not regularly employed by the owner or occupier over twenty-six hours per week;

Sec.(v) An employee of a corporation who is a corporate officer and who elects to be excluded from coverage under this chapter by notice in writing to his employer and to the commissioner;

4.or (vi) Any person who is not a resident of this state but is injured in this state during the course of his employment, unless such person (I) works for an employer who has a place of employment or a business facility located in this state at which such person spends at least fifty per cent of his employment time, or (II) works for an employer pursuant to an employment contract to be performed primarily in this state.

(NEW) (Effective July 1, 2017) The Commissioner of Social Services, in consultation with the Commissioners of Developmental Services and Administrative Services, shall adopt regulations in accordance with the provisions of chapter 54 of the general statutes to provide workers' compensation coverage for a personal care attendant employed directly by a consumer.

The regulations shall provide the (1) type of workers' compensation benefits, (2) benefit rate, and (3) duration of the benefits.

3 July 1, 2017 31-275(9)(B) Sec.HS Joint Favorable Subst.

4C/R JulyAPP 1, 2017 New section Statement of Purpose:

To require the state to procure and administer workers' compensation coverage for personal care attendants employed directly by consumers in the Community First Choice program.

[Proposed deletions are enclosed in brackets.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]