Table of Contents Sec.17b-420.Commission on Aging. Established. Membership. Report to
Governor. Duties. (a) There is established a Commission on Aging to advocate on
behalf of elderly persons on issues and programs of concern to the elderly including,
but not limited to, health care, nutrition, housing, employment, transportation, legal
assistance and economic security. The commission shall be composed of eleven voting
members who are knowledgeable about areas of interest to the elderly to be appointed
as follows: Five by the Governor, one by the president pro tempore of the Senate, one
by the speaker of the House of Representatives, one by the majority leader of the Senate,
one by the majority leader of the House of Representatives, one by the minority leader
of the Senate and one by the minority leader of the House of Representatives. The initial
appointments to the commission shall be made by August 15, 1993. The initial term for
three of the members appointed by the Governor and the members appointed by the
president pro tempore of the Senate, majority leader of the House of Representatives
and minority leader of the Senate shall expire August 15, 1997, and the initial term for
two of the members appointed by the Governor and the members appointed by the
speaker of the House of Representatives, majority leader of the Senate and minority
leader of the House of Representatives shall expire August 15, 1995. Thereafter, all
members shall be appointed for a term of four years from August fifteenth in the year
of their appointment. Members shall be limited to two consecutive terms. The commission shall include the following ex-officio nonvoting members: The chairpersons and
ranking members of the joint standing committee of the General Assembly having cognizance of matters concerning the provision of services to the elderly and the Commissioners of Social Services, Public Health, Mental Health and Addiction Services, Mental
Retardation, Economic and Community Development and Transportation, the Insurance
Commissioner and the Labor Commissioner. The chairperson of the commission shall
be selected by the Governor. Members of the commission shall receive no compensation
for their services, but shall be reimbursed for any necessary expenses incurred in the
performance of their duties. The Commissioner of Social Services shall convene the
initial organizational meeting of the Commission on Aging on or before September
1, 1993. Sec.17b-421.(Formerly Sec. 17a-304). Area agencies on aging. The state shall
be divided into five elderly planning and service areas, in accordance with federal law
and regulations, each having an area agency on aging to carry out the mandates of the
federal Older Americans Act of 1965, as amended. The area agencies shall (1) represent
elderly persons within their geographic areas, (2) develop an area plan for approval by
the Department of Social Services and upon such approval administer the plan, (3)
coordinate and assist local public and nonprofit, private agencies in the development
of programs, (4) receive and distribute federal and state funds for such purposes, in
accordance with applicable law, (5) carry out any additional duties and functions required by federal law and regulations. Sec.17b-422.(Formerly Sec. 17a-305). Allocation of funds. Review. Voluntary
fee for meals. (a) The state Department of Social Services shall equitably allocate, in
accordance with federal law, federal funds received under Title IIIB and IIIC of the
Older Americans Act to the five area agencies on aging established pursuant to section
17b-421. The department, before seeking federal approval to spend any amount above
that allotted for administrative expenses under said act, shall inform the joint standing
committee of the General Assembly having cognizance of matters relating to human
services that it is seeking such approval. Sec.17b-423.(Formerly Sec. 17a-306). Community services policy manual.
Regulations. (a) The state Department of Social Services by July 1, 1987, shall prepare
and routinely update a community services policy manual. The pages of such manual
shall be consecutively numbered and indexed, containing all departmental policy regulations and substantive procedure. Said manual shall be published by the department and
distributed so that it is available to all district, subdistrict and field offices of the state
Department of Social Services. The state Department of Social Services shall adopt
such policy manual in regulation form in accordance with the provisions of chapter 54.
The department may operate under any new policy necessary to conform to a requirement of a federal or joint state and federal program. The department may operate under
any new policy while it is in the process of adopting the policy in regulation form,
provided the state Department of Social Services prints notice of intent to adopt the
regulations in the Connecticut Law Journal within twenty days after adopting the policy.
Such policy shall be valid until the time final regulations are effective. Sec.17b-424.Adult foster care program. The Commissioner of Social Services
shall establish an adult foster care program which shall provide room, board and personal
care services in a home or substantially equivalent environment to elderly persons who
volunteer and may otherwise be placed in a nursing home or who are inappropriately
institutionalized. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to administer this program. Sec.17b-425.(Formerly Sec. 17a-310). State grants for community services
and programs for the elderly. The Department of Social Services may make a grant
to any city, town or borough or public or private agency, organization or institution
for the following purposes: (a) For community planning and coordination of programs
carrying out the purposes of the Older Americans Act of 1965, as amended; (b) for
demonstration programs or activities particularly valuable in carrying out such purposes;
(c) for training of special personnel needed to carry out such programs and activities; (d)
for establishment of new or expansion of existing programs to carry out such purposes,
including establishment of new or expansion of existing centers of service for elderly
persons, providing recreational, cultural and other leisure time activities, and informational, transportation, referral and preretirement and postretirement counseling services
for elderly persons and assisting such persons in providing volunteer community or
civic services, except that no costs of construction, other than for minor alterations and
repairs, shall be included in such establishment or expansion; (e) for programs to develop
or demonstrate approaches, methods and techniques for achieving or improving coordination of community services for elderly or aging persons and such other programs and
services as may be allowed under Title III of the Older Americans Act of 1965, as
amended, or to evaluate these approaches, techniques and methods, as well as others
which may assist elderly or aging persons to enjoy wholesome and meaningful living
and to continue to contribute to the strength and welfare of the state and nation. Sec.17b-426.(Formerly Sec. 17a-313). Payment of administrative expenses.
The Department of Social Services may use moneys appropriated for the purposes of
section 17b-425 for the expenses of administering the grant program under said section,
provided the total of such moneys so used shall not exceed five per cent of the moneys
so appropriated. Sec.17b-427.(Formerly Sec. 17a-314). Program of assistance to Medicare patients. Responsibilities of hospitals with regard to Medicare patients. (a) The Department of Social Services shall establish a program to provide assistance to Medicare
patients. The program shall: (1) Provide for toll-free telephone advice and information
on Medicare benefits and the Medicare appeals process from a qualified attorney or
paralegal at least five days per week during normal business hours and (2) provide for
the preparation and distribution of written materials to Medicare patients, their families
and senior citizen organizations regarding Medicare benefits. Sec.17b-427a.Medicare consumers guide. (a) As used in this section: Sec.17b-428.Program of All-Inclusive Care for the Elderly (PACE). (a) As
used in this section:
Sec.17b-420.Commission on Aging. Established. Membership. Report to Governor. Duties.
Sec.17b-421.(Formerly Sec. 17a-304). Area agencies on aging.
Sec.17b-422.(Formerly Sec. 17a-305). Allocation of funds. Review. Voluntary fee for
meals.
Sec.17b-423.(Formerly Sec. 17a-306). Community services policy manual. Regulations.
Sec.17b-424.Adult foster care program.
Sec.17b-425.(Formerly Sec. 17a-310). State grants for community services and programs
for the elderly.
Sec.17b-426.(Formerly Sec. 17a-313). Payment of administrative expenses.
Sec.17b-427.(Formerly Sec. 17a-314). Program of assistance to Medicare patients. Responsibilities of hospitals with regard to Medicare patients.
Sec.17b-427a.Medicare consumers guide.
Sec.17b-428.Program of All-Inclusive Care for the Elderly (PACE).
Secs.17b-429 to 17b-449.
(b)The Commission on Aging shall: (1) Prepare and issue an annual report to the
Governor, General Assembly and the legislative body of each municipality in the state
on its findings and recommendations concerning services for the elderly in the state;
(2) conduct annual public hearings on issues affecting the well-being of the elderly in
the state; (3) meet at least monthly with the commissioner and the head of the Division
of Elderly Services of the Department of Social Services to review and comment on
the policies and procedures of the department concerning the elderly; (4) review and
comment on the budget of the Division of Elderly Services of the Department of Social
Services; (5) meet as needed with state officials to discuss issues affecting the elderly;
(6) conduct studies and report on issues affecting the elderly; and (7) disseminate information to the business community, education community, state and local governments
and the media on the nature and scope of the problems faced by the elderly. The commission may accept any gifts, donations or bequests for any of the purposes of this section.
(c)There shall be an executive director of the Commission on Aging who shall be
appointed by the commission. There may be additional staff within available appropriations. The commission shall be within the Department of Social Services for administrative purposes only.
(P.A. 93-262, S. 5, 87; 93-381, S. 9, 39; 93-435, S. 59, 95; P.A. 95-250, S. 1; 95-257, S. 11, 12, 21, 58.)
History: P.A. 93-262 effective July 1, 1993; P.A. 93-381 and P.A. 93-435 authorized substitution of commissioner and
department of public health and addiction services for commissioner and department of health services and executive
director of Connecticut alcohol and drug abuse commission, effective July 1, 1993; P.A. 95-250 replaced Commissioner
and Department of Housing with Commissioner and Department of Economic and Community Development; P.A. 95-
257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department
of Public Health and replaced Commissioner and Department of Mental Health with Commissioner and Department of
Mental Health and Addiction Services, effective July 1, 1995 (Revisor's note: In Subsec. (a), references to "Commissioner
of Insurance" and "Commissioner of Labor" were replaced editorially by the Revisors with "Insurance Commissioner"
and "Labor Commissioner" for consistency with customary statutory usage and minor changes in wording were made to
accommodate the changes).
See Sec. 4-38f for definition of "administrative purposes only".
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(P.A. 83-89, S. 2; P.A. 86-368, S. 1, 5; P.A. 93-262, S. 1, 87.)
History: P.A. 86-368 specified the number of planning and service areas for the elderly to be five; Sec. 17-136g
transferred to Sec. 17a-304 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services
for commissioner and department on aging, effective July 1, 1993; Sec. 17a-304 transferred to Sec. 17b-421 in 1995.
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(b)Sixty per cent of the state funds appropriated to the five area agencies on aging
for elderly nutrition and social services shall be allocated in the same proportion as
allocations made pursuant to subsection (a) of this section. Forty per cent of all state
funds appropriated to the five area agencies on aging for elderly nutrition and social
services used for purposes other than the required nonfederal matching funds shall be
allocated at the discretion of the Commissioner of Social services, in consultation with
the area agencies on aging, based on their need for such funds. Any state funds appropriated to the five area agencies on aging for administrative expenses shall be allocated
equally.
(c)The state Department of Social Services in consultation with the five area agencies on aging shall review the method of allocation set forth in subsection (a) and shall
report any findings or recommendations to the joint standing committees on appropriations and human services.
(d)An area agency may request a person participating in the elderly nutrition program to pay a voluntary fee for meals furnished except that no eligible person shall be
denied a meal due to an inability to pay such fee.
(P.A. 86-368, S. 2, 3, 5; P.A. 88-301, S. 1, 2; P.A. 92-230, S. 1; P.A. 93-262, S. 1, 87.)
History: P.A. 88-301 changed the formula for the allocation of state funds in Subsec. (b) and added Subsec. (d) allowing
an area agency to request a voluntary fee for meals furnished; Sec. 17-136h transferred to Sec. 17a-305 in 1991; P.A. 92-
230 amended Subsec. (a) by deleting formula for allocation of federal funds and substituting requirement that funds be
allocated equitably between the five area agencies on aging and amended Subsecs. (b) and (c) for consistency; P.A. 93-
262 authorized substitution of commissioner and department of social services for commissioner and department on aging,
effective July 1, 1993; Sec. 17a-305 transferred to Sec. 17b-422 in 1995.
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(b)The state Department of Social Services shall write the community services
policy manual using plain language as described in section 42-152. The manual shall
include an index for frequent referencing and a separate section or manual which specifies procedures to follow to clarify policy.
(P.A. 86-368, S. 4, 5; P.A. 93-262, S. 1, 87.)
History: Sec. 17-136i transferred to Sec. 17a-306 in 1991; P.A. 93-262 authorized substitution of commissioner and
department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-306 transferred
to Sec. 17b-423 in 1995.
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(P.A. 93-212, S. 1, 2; 93-262, S. 1, 87; 93-435, S. 59, 95.)
History: P.A. 93-212 effective June 23, 1993; P.A. 93-262 and 93-435 authorized substitution of commissioner and
department of social services for commissioner and department on aging, effective July 1, 1993.
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(1967, P.A. 883, S. 1; 1969, P.A. 814, S. 13; P.A. 75-474, S. 7, 10; P.A. 93-262, S. 1, 87.)
History: 1969 act replaced commission on services for elderly persons with department on aging; P.A. 75-474 allowed
grants to private agencies; Sec. 17-137c transferred to Sec. 17a-310 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-310
transferred to Sec. 17b-425 in 1995.
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(1967, P.A. 883, S. 5; 1969, P.A. 814, S. 16; P.A. 92-230, S. 2; P.A. 93-262, S. 1, 87.)
History: 1969 act replaced commission on services for elderly persons with department on aging; Sec. 17-137f transferred to Sec. 17a-313 in 1991; P.A. 92-230 deleted references to repealed sections; P.A. 93-262 authorized substitution
of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec.
17a-313 transferred to Sec. 17b-426 in 1995.
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(b)All hospitals, as defined in section 19a-490, which treat persons covered by
Medicare Part A shall: (1) Notify incoming patients covered by Medicare of the availability of the services established pursuant to subsection (a) of this section, (2) post or
cause to be posted in a conspicuous place therein the toll-free number established pursuant to subsection (a) of this section and (3) provide each Medicare patient with the toll-
free number and directives on access to the program.
(P.A. 89-135, S. 1, 6; P.A. 93-262, S. 1, 87.)
History: P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and
department on aging, effective July 1, 1993; Sec. 17a-314 transferred to Sec. 17b-427 in 1995.
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(1)"Beneficiary" means a resident of this state who is enrolled in the Medicare
program;
(2)"CHOICES health insurance counseling and assistance program" means the
federally recognized state health insurance assistance program managed and operated
by the Department of Social Services, in cooperation with the area agencies on aging
and the Center for Medicare Advocacy, that provides free information and assistance
related to health insurance issues and concerns of older persons and other Medicare
beneficiaries in Connecticut;
(3)"Guide" means the Connecticut Medicare consumers guide published by the
CHOICES health insurance counseling and assistance program;
(4)"Medicare plan" means a plan offered by a Medicare organization that provides
health care services to Medicare beneficiaries in this state;
(5)"Medicare organization" means any corporate entity or other organization or
group that contracts with the federal Health Care Financing Administration to provide
health care services to Medicare beneficiaries in this state as an alternative to the traditional Medicare fee-for-service plan;
(6)"Medicare" means "Medicare", as defined in section 38a-495a;
(7)"Program" means the CHOICES health insurance counseling and assistance
program.
(b)The Department of Social Services shall, through its CHOICES health insurance
counseling and assistance program, after consultation with the Insurance Commissioner
and other organizations involved in servicing, representing or advocating for Medicare
beneficiaries, develop and distribute a Connecticut Medicare consumers guide. The
guide shall include: (1) Information permitting beneficiaries to compare their options
for delivery of Medicare services; (2) information concerning the Medicare plans available to beneficiaries, including the traditional Medicare fee-for-service plan and the
benefits and services available through each plan; (3) information concerning the procedure to appeal denials of care and the procedure to request an expedited appeal of denial
of care; (4) information concerning private insurance policies and federal and state
funded programs that are available to supplement Medicare coverage for beneficiaries;
(5) a worksheet for beneficiaries to use to evaluate the various plans; and (6) any other
information the program deems relevant to beneficiaries.
(c)The program may test market a draft of the guide prior to its state-wide publication and distribution. As a result of such test marketing, the program may make any
necessary modification to the guide's form or substance.
(d)The Department of Social Services, through the program, shall provide a copy
of the guide to any individual who requests one.
(e)The Insurance Commissioner, in cooperation with, or on behalf of the Commissioner of Social Services, may require each Medicare organization to: (1) Annually
submit to the commissioner any data, reports or information relevant to plan beneficiaries; and (2) at any other times at which changes occur, submit information to the commissioner concerning current benefits, services or costs to beneficiaries. Such information
may include information required under section 38a-478c.
(f)Each Medicare organization that fails to file the annual data, reports or information requested pursuant to subsection (e) of this section shall pay a late fee of one hundred
dollars per day for each day from the due date of such data, reports or information to
the date of filing. Each Medicare organization that files incomplete annual data, reports
or information shall be so informed by the Insurance Commissioner, shall be given a
date by which to remedy such incomplete filing and shall pay said late fee commencing
from the new due date.
(g)On or before June 1, 2000, and annually thereafter, the Insurance Commissioner
shall submit to the Governor and to the joint standing committees of the General Assembly having cognizance of matters relating to public health and insurance and to the select
committee of the General Assembly having cognizance of matters relating to aging, a list
of those Medicare organizations that have failed to file any data, reports or information
requested pursuant to subsection (e) of this section.
(P.A. 99-177, S. 1, 2.)
History: P.A. 99-177 effective July 1, 1999.
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(1)"Commissioner" means the Commissioner of Social Services;
(2)"Eligible individual" means "PACE program eligible individual", as defined in
Subtitle I of Public Law 105-33, as amended from time to time, or in a waiver application
approved by the United States Department of Health and Human Services;
(3)"PACE program" means "PACE program", as defined in Subtitle I of Public
Law 105-33, as amended from time to time, and includes a program of all-inclusive
care for the elderly;
(4)"PACE program agreement" means "PACE program agreement", as defined in
Subtitle I of Public Law 105-33, as amended from time to time;
(5)"PACE provider" means "PACE provider", as defined in Subtitle I of Public
Law 105-33, as amended from time to time;
(6)"Secretary" means the Secretary of the United States Department of Health and
Human Services;
(7)"State administering agency" means "state administering agency", as defined
in Subtitle I of Public Law 105-33, as amended from time to time.
(b)Not later than July 1, 1998, the commissioner shall establish a pilot program in
which PACE providers deliver PACE program services to eligible individuals in this
state pursuant to a PACE program agreement. Under said program, the commissioner,
in consultation with the Insurance Commissioner, may initially enter into contracts with
integrated service networks which have successfully completed a feasibility study, in
conjunction with a PACE technical assistance center, for the provision of PACE program
services.
(c)The Department of Social Services shall be the state administering agency for
the state of Connecticut responsible for administering PACE program agreements in
this state. The department, upon request, shall assist the secretary in establishing procedures for entering into, extending and terminating PACE program agreements for the
operation of PACE programs by PACE providers in this state.
(d)The commissioner shall provide medical assistance under this section for PACE
program services to eligible individuals who are eligible for medical assistance in this
state and enrolled in a PACE program under a PACE program agreement. The commissioner shall seek any waiver from federal law necessary to permit federal participation
for Medicaid expenditures for PACE programs in this state.
(e)The commissioner may adopt regulations in accordance with chapter 54 to implement the provisions of this section.
(P.A. 98-198, S. 1, 4.)
History: P.A. 98-198 effective June 8, 1998.
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