Section 20-677 - Display and advertisement of certificate of registration. Prohibitions. Penalties. Changes in ownership. Expiration. Renewal. Restrictions on advertising. Notice re cessation of services(a) Each person obtaining a homemaker-companion agency certificate of registration shall (1) exhibit the agency's certificate of registration upon request by any interested party, (2) state in any advertisement the fact that the agency is registered, and (3) include the agency's registration number in any advertisement.(b) No person shall (1) present or attempt to present, as such person's own, the certificate of another, (2) knowingly give false evidence of a material nature to the Commissioner of Consumer Protection for the purpose of procuring a certificate, (3) represent such person falsely as, or impersonate, a registered homemaker-companion agency, (4) use or attempt to use a certificate which has expired or which has been suspended or revoked, (5) offer or provide homemaker services or companion services without having a current certificate of registration under the provisions of sections 20-670 to 20-680, inclusive, or (6) represent in any manner that such person's registration constitutes an endorsement by the commissioner of the quality of services provided by such person.(c) In addition to any other remedy provided for in sections 20-670 to 20-676, inclusive, any person who violates any provision of subsection (b) of this section shall be fined not more than one thousand dollars or imprisoned not more than six months, or both.(d) Certificates issued to a homemaker-companion agency shall not be transferable or assignable. Prior to any sale or change in ownership of a registered homemaker-companion agency, each proposed new individual owner, or, if a proposed new owner is a business entity, the individual owners of such business entity, shall submit to state and national criminal history records checks as required under section 20-672, unless: (1) The proposed new owner (A) owns less than ten per cent of the shares or other equity interests in any publicly listed or traded homemaker-companion agency, and (B) will not engage in the day-to-day operations, or direct the management and policies, of the registered homemaker-companion agency that is the subject of the proposed sale or change in ownership;(2) The proposed new owner (A) owns less than five per cent of the shares or other equity interests in any private homemaker-companion agency, and (B) will not engage in the day-to-day operations, or direct the management and policies, of the registered homemaker-companion agency that is the subject of the proposed sale or change in ownership; or(3) The commissioner waives the requirement that a new application be filed under section 20-672.(e) All certificates issued under the provisions of sections 20-670 to 20-680, inclusive, shall expire annually. The fee for renewal of a certificate shall be the same as the fee charged for an original application pursuant to section 20-672. Fees collected pursuant to the issuance of a certificate or renewal of a certificate shall be deposited in the General Fund.(f) Failure to receive a notice of expiration of registration or a renewal application shall not exempt a homemaker-companion agency from the obligation to renew.(g) A homemaker-companion agency may include in its business name and advertising the term "care" if such term is used in reference to such agency's provision of homemaker services, provided, on and after October 1, 2023, any such advertising (1) shall prominently and clearly display in plain font with distinctly contrasting colors at the top of such advertising, including, but not limited to, each page of the agency's Internet web site, social media posts, print media and audio-visual advertisements, the clear and conspicuous words: "(Insert name of homemaker-companion agency) solely provides nonmedical care.", or, if such advertising is an audio advertisement, such words shall be audibly conveyed at the same speed and manner as the rest of such audio advertisement, and (2) shall not include any words that indicate or suggest that such agency provides any services beyond the scope of services authorized under this chapter, including, but not limited to, words relating to medical or health care licensure or services. A homemaker-companion agency may include in its advertising words that accurately describe, as determined by the commissioner, that such agency has employees who are trained to provide homemaker services to individuals experiencing memory difficulties, provided the agency details the type of training and number of hours each employee was trained to provide such services. A violation of the provisions of this subsection shall constitute untruthful or misleading advertising for the purposes of subsection (a) of section 20-675.(h) Not later than ten days before a homemaker-companion agency ceases providing all homemaker services and companion services in this state, the homemaker-companion agency shall send a written notice to the Department of Consumer Protection disclosing the impending cessation and contact information that the department may use to contact such homemaker-companion agency to obtain additional information.(i)(1) Except as provided in subdivision (2) of this subsection, a homemaker-companion agency shall, not later than ten days before the homemaker-companion agency unilaterally ceases providing homemaker services or companion services to any person in this state, send a written notice to such person disclosing (A) the impending cessation, (B) how such person may transition to alternative care, (C) how such person shall be reimbursed for any prepaid homemaker services or companion services, and (D) contact information that such person may use to contact such homemaker-companion agency to obtain additional information.(2) A homemaker-companion agency may cease providing homemaker services or companion services to any person in this state during the notice period established in subdivision (1) of this subsection if (A) such person, such person's authorized representative or any other person who resides in, or has access to, such person's home has verbally or physically abused, threatened or otherwise mistreated an employee of such homemaker-companion agency, (B) providing such homemaker services or companion services would place such homemaker-companion agency at risk of failing to comply with any applicable local, state or federal law, including, but not limited to, any applicable local, state or federal antidiscrimination, employment, health or occupational safety law, or (C) such person has failed to tender payment for such homemaker services or companion services pursuant to the written contract or service plan.Conn. Gen. Stat. § 20-677
( P.A. 06-187 , S. 59 ; P.A. 08-17 , S. 1 ; P.A. 10-32 , S. 78 .)
Amended by P.A. 23-0099,S. 18 of the Connecticut Acts of the 2023 Regular Session, eff. 10/1/2023.Amended by P.A. 23-0048, S. 16 of the Connecticut Acts of the 2023 Regular Session, eff. 6/13/2023.Amended by P.A. 10-0032, S. 78 of the February 2010 Regular Session, eff. 5/10/2010.