Connecticut Chapter Holds Lunch & Learn Webinar to Discuss Practical Considerations about ‘No-Hire’ Clauses

​Last Thursday, Sami Asaad, partner at FordHarrison, LLP in Hartford and chair of its Home Healthcare Practice Group, presented a Lunch and Learn webinar program for the HCAOA Connecticut Chapter to discuss practical considerations in light of the legislature’s recent ban on non-hire agreements in home care.

Asaad presented an overview of the legal and legislative history concerning the solicitation and hiring of caregivers; a review of the new law (Public Act 22-118, sec. 244); and practical issues home care agency owners should consider in light of the changes. He said HCAs should emphasize the value of the employer-based model of home care to clients; incorporate practical, sensible provisions in contracts; ensure they are enforceable; and not ignore the remainder of the agreement and the statutory requirements for written contracts or service plans.
 
How owners proceed may depend on their level of risk tolerance, Asaad said. “In partnership with legal counsel,” he said, “business leaders can still take effective steps to protect their caregiver relationships and their investment in recruitment and retention.”
 
It’s not clear at this time which state agency will enforce the new law and how it will be enforced. The Department of Consumer Protection hasn’t opened any investigations related to the new law. HCAOA Connecticut is planning a fall educational program with DCP officials to discuss the new law.