Connecticut 2021 Regular Session Status: In Committee

HB 6560 — AN ACT CONCERNING TIMELY PAYMENTS AND TRAINING FOR PERSONAL CARE ATTENDANTS.

Last action — FILE NO. 307

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

145 added · 27 removed

145 line(s) added, 27 removed.

→
Previous
Latest
General Assembly Raised Bill No.
House of Representatives General Assembly File No.
6560 January Session, 2021 LCO No.
307 January Session, 2021 Substitute House Bill No.
4245 Referred to Committee on HUMAN SERVICES Introduced by:
6560 House of Representatives, April 7, 2021 The Committee on Human Services reported through REP.
(HS) AN ACT CONCERNING TIMELY PAYMENTS TO PERSONAL CARE ATTENDANTS.
ABERCROMBIE of the 83rd Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.
AN ACT CONCERNING TIMELY PAYMENTS AND TRAINING FOR PERSONAL CARE ATTENDANTS.
Such communication shall include, but not be limited to, (1) sufficient notice to allow a personal care attendant to address any issue with submitted LCO No.
Such communication shall include, but need not be limited to, (1) sufficient notice to allow a personal care attendant to address any issue with sHB6560 / File No.
4245 1 of 2 Raised Bill No.
307 1 sHB6560 File No.
6560 time records to receive correct payment on the personal care attendant's regular payment date, (2) a specific and accessible means to address an issue that may affect payment in sufficient time to receive the correct payment on the personal care attendant's regular payment date, and (3) a method for a personal care attendant to receive the correct payment not later than forty-eight hours after a payment discrepancy has been resolved.
307 submitted time records to receive correct payment on the personal care attendant's regular payment date, (2) a specific and accessible means for a personal care attendant to address an issue that may affect payment in sufficient time for the personal care attendant to receive the correct payment on his or her regular payment date, and (3) a method for a personal care attendant to receive the correct payment not later than forty-eight hours after a payment discrepancy has been resolved.
(c)A fiscal intermediary for astate-fundedprogramthat failsto make timely payments to a personal care attendant in violation of the provisions of this section shall be subject to a fine of twenty-five dollars by a state-funded program for each day timely wage payment has been delayed.
(c)A fiscal intermediary for astate-fundedprogramthat failsto make timely payments to a personal care attendant in violation of the provisions of this section shall be subject to a fine of twenty-five dollars imposed by the state agency administering the state-funded program for each day timely wage payment has been delayed.
This act shall take effect as follows and shall amend the following sections:
Sec.
Section 1 from passage New section Statement of Purpose:
2.
To require timely payments for personal care attendants in state-funded programs.
Section 17b-706e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2021):
[Proposed deletions are enclosed in brackets.
Notwithstanding the provisions of sections 17b-706 to 17b-706c, inclusive, where authorized by a collective bargaining agreement negotiated pursuant to section 17b-706b, the [parties may contract] Personal Care Attendant Workforce Council may solicit proposals for the provision of training and related services to personal care attendants, as defined in section 17b-706.
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.] LCO No.
[, at cost directly with a nonprofit labor management trust authorized by 29 USC 186(c)(6).] This act shall take effect as follows and shall amend the following sections:
4245 2 of 2
Section 1 from passage New section Sec.
2 July 1, 2021 17b-706e Statement of Legislative Commissioners:
In Section 1(c), "by a" was changed to "imposed by the state agency administering the" for clarity.
HS Joint Favorable Subst.
sHB6560 / File No.
307 2 sHB6560 File No.
307 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
Agency Affected Fund-Effect FY 22 $ FY 23 $ Social Services, Dept.;
GF - Potential See Below See Below Developmental Services, Dept.
Note:
GF=General Fund Municipal Impact:
None Explanation The bill could result in a state revenue gain associated with requiring certain fiscal intermediaries to pay a fine of $125 per day for violations of the payroll-related requirements established under the bill.
The potential revenue gain may be offset to the extent state contracts are adjusted to reflect increased costs incurred by the fiscal intermediary to meet the requirements of the bill.
The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.
The Departments of Social Services and Developmental Services contract with fiscal intermediaries to provide payroll services for personal care attendants (PCAs) who support individuals in various programs.
sHB6560 / File No.
307 3 sHB6560 File No.
307 OLR Bill Analysis sHB 6560 AN ACT CONCERNING TIMELY PAYMENTS AND TRAINING FOR PERSONAL CARE ATTENDANTS.
SUMMARY The bill requires fiscal intermediaries (i.e., payroll service providers) to provide timely payments (i.e., on a regular payment date or within 48 hours after resolving any issue delaying payment) to personal care attendants (PCAs) employed by a consumer under the following state- funded programs:
• Medicaid Acquired Brain Injury Waiver Program;
• Medicaid PCA Waiver Program for adults with disabilities;
• Connecticut Home Care Program for Elders;
• Connecticut Home Care Program for Disabled Adults Pilot Program;
Show all 71 changed rows (31 more)
Previous
Latest
• Individual, Family Support, and Comprehensive Medicaid waivers programs administered by DDS;
and • any other state-funded program that provides PCA services.
It requires a fiscal intermediary to provide clear and timely communication to PCAs about payment discrepancies, payment confirmation, or a change in consumer (i.e., client) status that may affect timely payment to them, including:
1.
sufficient notice to allow a PCA to address any issue with submitted time records to receive correct payment on his or her regular payment date;
sHB6560 / File No.
307 4 sHB6560 File No.
307 2.
aspecificandaccessiblemeanstoaddressanissuethatmayaffect payment in time to receive the correct payment on the PCA’s regular payment date;
and 3.
a method for a PCA to receive the correct payment within 48 hours after a payment discrepancy has been resolved.
The bill subjects a fiscal intermediary that fails to make timely payments to a PCA in violation of the bill’s provisions to a fine (by the state agency administering the program) of $25 for each day timely wage payment was delayed.
To the extent this provision of the bill applies to existing contracts, it may implicate the Contracts Clause of the U.S.
Constitution (see BACKGROUND).
By law, the state and the union representing state-funded PCAs may contract directly with a non-profit labor management trust to provide PCA training and related services at cost.
The training contract must be authorized under the collective bargaining agreement between the state and the PCA union and the trust providing the services must be authorized to receive payments from an employer under federal labor law.Thebillreplacesthisauthorizationbyinsteadallowingthe Personal Care Attendant Workforce Council to solicit proposals for PCA training and related services.
EFFECTIVE DATE:
Upon passage, except the contracting provision is effective July 1, 2021.
BACKGROUND Contracts Clause of the U.S.
Constitution The Contracts Clause (Article I, Section 10) bars states from passing laws that impair the obligation of contracts.
When analyzing an alleged contracts clause violation, the threshold inquiry for a court is whether a state law has substantially impaired a contractual relationship.
If so, in deciding whether to uphold the law at issue, the court must determine whether the (1) law has a legitimate and important public purpose and (2) adjustment of the rights of the parties to the contractual relationship was reasonable and appropriate in light of that purpose (Energy Reserves sHB6560 / File No.
307 5 sHB6560 File No.
307 Group, Inc.
v.
Kansas Power & Light Co., 459 U.S.
400, 411-413 (1983)).
Related Bills sSB 942 (File 219), favorably reported by the Labor and Public Employees Committee, similarly requires fiscal intermediaries to providePCAswitha way to addresspay discrepanciesandreceive their pay, but imposes a fine of $100 per violation, per day, until the violation is corrected.
SB 1075 (File X), favorably reported by the Government AdministrationandElectionsCommittee, imposessimilar requirements on responders to a request for proposals for the provision of PCA payroll services.
COMMITTEE ACTION Human Services Committee Joint Favorable Substitute Yea 19 Nay 0 (03/18/2021) sHB6560 / File No.
307 6
View plain text versions (3)

Action History

  1. FILE NO. 307

  2. HOUSE CALENDAR NUMBER 239

  3. FAV. RPT., TABLED FOR HOUSE CALENDAR

  4. RPTD. OUT OF LCO

  5. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/06/21

  6. FILED WITH LCO

  7. Joint Favorable Substitute

  8. PUBLIC HEARING 0311

  9. REF. TO JOINT COMM. ON Human Services

Sponsors

  • Human Services Committee · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 186 not signed on

Sponsors (1)

  • Human Services Committee

Co-sponsors (0)

None.

Not signed on (186)

186 members have not signed on to this bill.

Show all 186 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 6560?
HB 6560 is sponsored by Human Services Committee.
What is the current status of HB 6560?
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 6560?
Track HB 6560 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 6560

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Stay ahead of HB 6560

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →