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Connecticut Department of Consumer Protection Bans Use of Word ‘Care’ for Home Care Agencies

2/8/2023

2 Comments

 
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Last week, the Connecticut Department of Consumer Protection issued Homemaker Companion Agency Advertising Guidance to all registered home care agencies in Connecticut, prohibiting them from using the word “care.” The Department claims in its guidance that the word suggests medical services that are outside the scope of the registration credential and therefore requires a license from the Department of Public Health.

​In the guidance, the Department for the first time recognizes the important work caregivers perform in providing support to clients with memory difficulties and denotes that HCAs can advertise those non-medical services if caregivers are trained accordingly. Additionally, the guidance allows home care agencies to advertise that employees are certified in CPR.
 
Banning the word “care” goes well beyond HCAOA’s understanding of what the guidance would cover in relation to advertising on national websitesthat operate in Connecticut.
 
Under the guidance, HCAs that provide services in multiple jurisdictions where the regulations differ from those in Connecticut and advertise services both within and outside Connecticut may advertise services not permissible in Connecticut if and only if: (1) each website page that advertises services not permissible within Connecticut includes a statement reading, “Not all services available in all locations,” and (2) each website page that advertises services not permissible within Connecticut includes a link to a page that details what services are provided by the HCA within the State of Connecticut.
 
The guidance was promulgated outside the normal regulatory and administrative review process, without any specific statutory authority. It isn’t clear if the guidance has the force and effect of law and what its practical implications will be for agencies. Also, the guidance conflicts with other state laws and policies that recognize the use of the word “care” by home care agencies.
 
HCAOA is contemplating next steps. The Chapter has already informally complained to Department officials and offered a proposed amendment to key lawmakers to make it clear that agencies can use the word “care” in business names and advertising.
 
2 Comments
Jay Kiley
2/8/2023 10:17:37 am

It is a real shame that the Dept of Consumer Protection is limiting care to the elderly and disabled who need it so much. The benefits HCA registered companies provide saves families and the state an enormous amount of money every year. To the best of my knowledge Connecticut is the only state with these odd restrictions.

Reply
Lively Lowe
3/16/2023 11:23:09 am

This is what happens when Federal, State, and State Agency and various state departments do not communicate with each other and also go against the guidance of other states and federal entities.
For many years, a homemaker companion agency was able to assist the elderly with the Activities of Daily Living and hire Personal Care Attendants, sanctioned by DSS.
Also, there is auditing of all HCA agencies that participate in DSS programs, and agencies needed to be vetted based on contracts, policies, trainings and operation materials.
DSS provided training materials for the HCA agencies' caregivers and paid agencies through various programs.
This guidance is in direct conflict of precedence and have caused undue hardships to agencies that are contracted after being vetted by DSS agencies for many, many years.
Bathing, assisting with walking, toileting, feeding, or helping to prevent a fall is not medical.
It is important that there is also oversight of the Department of Consumer Protection that oversees Homemaker Companion and other agencies that also have corrupt ex-cops and unsavory people in its ranks and can lead to corruption.
There is always conflicting and confusing communication from this entity that muddles, confuse, creates chaos, and allow the reviewing team to make their own interpretations and leave areas open to for its investigators to prey on good companies working hard to do what's right while allowing companies that bribe, to take advantage and get away with wrong doings.
There needs to be a review of this policy and oversight of this department.

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  • Membership Resources
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    • Code of Conduct
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    • Newsletters
    • Product & Services Guide
    • Join HCAOA
    • Benefits: Agency Membership
    • Benefits: Associate Membership
  • State Chapters
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    • Arizona
    • California
    • Connecticut
    • Florida
    • Georgia
    • Illinois
    • Michigan
    • New Jersey
    • New York
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