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.

 

Brandon Calton admitted to the United States District Court of Connecticut

June 10, 2025
Brandon Calton is now admitted to the United States District Court, Connecticut! The Royal Law Firm is passionate about expanding our reach so that we can better serve our clients and their needs. Brandon is admitted in Massachusetts, the United States District Court of Massachusetts, and the United States District Court of Connecticut.

Federal Court Vacates EEOC’s “Abortion Accommodation Mandate” in PWFA

By Heather Child • June 9, 2025
On May 21, 2025, the U.S. District Court for the Western District of Louisiana struck down a provision in the Equal Employment Opportunity Commission’s (EEOC) final rule under the Pregnant Workers Fairness Act (PWFA), ruling that the agency exceeded its authority by requiring employers to accommodate elective abortions that are not medically necessary. Background Information: In June 2022, the U.S. Supreme Court issued a decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and eliminated the constitutional right to abortion. Congress passed the Pregnant Workers Fairness Act in December 2022, and it became effective in June 2023. The law requires employers with 15 or more employees to provide reasonable accommodation to qualified applicants or employees who have physical or mental conditions related to pregnancy, childbirth, or related medical conditions, unless doing so would cause significant difficulty or expense for the employer. In April 2024, The EEOC issued its final interpretation of the PWFA including abortion in the definition of “pregnancy, childbirth, or other related medical conditions” thereby requiring employers to provide accommodations related to abortion. In May 2024, the states of Mississippi and Louisiana sued the EEOC, arguing that the interpretation conflicted with the U.S. Supreme Court’s Dobbs decision and their respective state laws on abortion. In June 2024, Judge Joseph found that the EEOC exceeded its authority and issued a preliminary injunction postponing the effective date of the interpretation to provide accommodation for elective abortions until final judgment was entered in this matter. The final judgment was entered on May 21, 2025, that remanded the matter to the EEOC to revise the final rule and all related implementing regulations and guidances. Employer Takeaways: While employers are no longer (as of now) REQUIRED to provide accommodation for elective abortions, the remainder of the PWFA remains in full effect The decision to have or not have an abortion remains protected under Title VII The PWFA does not supersede state or local laws providing greater protection for pregnant workers. It is important to stay up to date on state regulations to ensure employers are complying with state laws. While it is still unclear how this ruling will impact employers nationwide, it is still important to continue to stay up to date on ever-changing legislation.  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.