Section 17b-262-596 - Personal care assistant qualifications(a) The consumer is responsible for ensuring that his or her personal care assistants meet all of the following qualifications:(1) be at least 16 years of age except that, if the consumer chooses to hire an individual who is 16 or 17 years old, the consumer shall comply with specific standards and restrictions imposed by state and federal law;(2) be able to understand and carry out directions given by the consumer or conservator;(3) be physically able to perform all duties delineated in the service plan;(4) be willing to receive training from the consumer or conservator in performance of all personal care assistance services delineated in the service plan;(5) be able to handle emergencies; and(6) demonstrate competencies in effective employer/employee relationships, disability awareness, use of equipment, and activities of daily living.(b) The Commissioner shall require any person providing personal care assistance services to a consumer to submit to a criminal background check.(c) The Commissioner shall have the discretion to refuse payments for personal care assistance services if the personal care assistant performing the services has been convicted in this state or any other state of a felony, as defined in section 53a-25 of the Connecticut General Statutes, involving forgery under section 53a-137 of the Connecticut General Statutes, robbery under section 53a-133 of the Connecticut General Statutes, larceny under sections 53a-119, 53a-122, 53a-123 and 53a-124 of the Connecticut General Statutes, or of a violation of section 53a-290 to 53a-296, inclusive involving vendor fraud, section 53-20 of the Connecticut General Statutes involving cruelty to persons, sections 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b, or 53a-73a of the Connecticut General Statutes involving sexual assault, section 53a-59 of the Connecticut General Statutes involving assault, section 53a-59a of the Connecticut General Statutes involving assault of an elderly, blind, disabled, pregnant or mentally retarded person, and sections 53a-320 to 53a-323, inclusive, of the Connecticut General Statutes involving abuse of elderly, blind, disabled or mentally retarded persons.(d) A personal care assistant may be suspended from participation in the program if he or she has accepted payment for services that were never provided to the consumer or otherwise violates the rules, regulations, standards or laws governing the program, in accordance with sections 17-83k-1 to 17-83k-7, inclusive, of the Regulations of Connecticut State Agencies.(e) The department may deny coverage of services performed by a personal care assistant who does not meet the department's qualifications as set forth in this section.Conn. Agencies Regs. § 17b-262-596
Adopted effective February 8, 1999; Amended March 9, 2006