AN ACT CONCERNING TIMELY PAYMENTS AND TRAINING FOR PERSONAL CARE ATTENDANTS.
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HB 6560 — AN ACT CONCERNING TIMELY PAYMENTS AND TRAINING FOR PERSONAL CARE ATTENDANTS.
Last action — FILE NO. 307
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 removed145 line(s) added, 27 removed.
House of Representatives General Assembly RaisedFile Bill No.
6560307 January Session, 2021 LCOSubstitute House Bill No.
42456560 ReferredHouse toof Representatives, April 7, 2021 The Committee on HUMANHuman SERVICESServices Introducedreported by:through REP.
(HS)ABERCROMBIE ANof ACTthe CONCERNING83rd TIMELYDist., PAYMENTSChairperson TOof PERSONALthe CARECommittee ATTENDANTS.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 need not be limited to, (1) sufficient notice to allow a personal care attendant to address any issue with submittedsHB6560 LCO/ File No.
4245307 1 ofsHB6560 2File Raised Bill No.
6560307 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 thehis personalor careher 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.
(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 athe state agency administering the state-funded program for each day timely wage payment has been delayed.
ThisSec. act shall take effect as follows and shall amend the following sections:
Section2. 1 from passage New section Statement of Purpose:
ToSection require17b-706e timelyof paymentsthe forgeneral personalstatutes careis attendantsrepealed and the following is substituted in state-fundedlieu programs.thereof (Effective July 1, 2021):
[ProposedNotwithstanding deletionsthe areprovisions enclosedof 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 brackets.section 17b-706.
Proposed[, additionsat arecost indicateddirectly bywith underline,a exceptnonprofit thatlabor whenmanagement thetrust entireauthorized textby of29 aUSC bill186(c)(6).] orThis resolutionact orshall atake sectioneffect ofas afollows billand orshall resolutionamend isthe new,following itsections: is not underlined.] LCO No.
4245Section 21 offrom 2passage 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 lines (31 more)
• 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
Show all 71 changed rows (31 more)
View plain text versions (3)
- File No. 307 View text pdf
- Raised Bill View text Current pdf
- Substitute HS Joint Favorable Substitute pdf
Action History
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FILE NO. 307
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HOUSE CALENDAR NUMBER 239
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FAV. RPT., TABLED FOR HOUSE CALENDAR
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RPTD. OUT OF LCO
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REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/06/21
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FILED WITH LCO
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Joint Favorable Substitute
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PUBLIC HEARING 0311
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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.
Subjects
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.
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