Page 388

House Bill No. 5506

Public Act No. 22-118 388 of 739

and the regional community ombudsmen shall ensure that any health data obtained pursuant to subsection (b) of this section relating to a home care client is protected in accordance with the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time. Sec. 244. (NEW) (Effective from passage) (a) As used in this section, (1) "homemaker-companion agency" and "employee" have the same meanings as provided in section 20-670 of the general statutes, and (2) "no-hire clause" means a provision of a contract between a homemaker- companion agency and a client of such agency that (A) imposes a financial penalty, (B) assesses any charges or fees, including legal fees, or (C) contains any language that can create grounds for an assertion of breach of contract or a claim for damages or injunctive relief against the client for directly hiring an employee of such agency. (b) Any no-hire clause in a contract between a homemaker- companion agency and a client of such agency is against public policy and shall be void. Sec. 245. (NEW) (Effective from passage) (a) As used in this section, (1) "home health agency" has the same meaning as provided in section 19a- 490 of the general statutes, and (2) "no-hire clause" means a provision of a contract between a home health agency and a client of such agency that (A) imposes a financial penalty, (B) assesses any charges or fees, including legal fees, or (C) contains any language that can create grounds for an assertion of breach of contract or a claim for damages or injunctive relief against the client for directly hiring an employee of such agency. (b) Any no-hire clause in a contract between a home health agency and a client of such agency is against public policy and shall be void. Sec. 246. (Effective July 1, 2022) The Commissioner of Social Services