Connecticut Seal

Substitute House Bill No. 5508

Public Act No. 04-76

AN ACT CONCERNING REVISIONS TO THE GENERAL STATUTES NECESSITATED BY THE ELIMINATION OF THE GENERAL ASSISTANCE PROGRAM.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 4-71c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

The Secretary of the Office of Policy and Management shall annually compute the cost of an increase in assistance payments under the state-administered general assistance program, state supplement program, medical assistance program, temporary family assistance program and food stamp program based on the percentage increase, if any, in the most recent calendar year average in the consumer price index for urban consumers provided if the increase in such index exceeds five per cent, the computation shall be based on a five per cent increase.

Sec. 2. Section 8-72 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

Each developer or housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with providing decent, safe and sanitary dwelling accommodations, and no housing authority or nonprofit corporation shall construct or operate any such project for profit. To this end an authority or a nonprofit corporation shall fix the rentals for dwelling in its projects at no higher rates than it finds to be necessary in order to produce revenues which, together with all other available money, revenues, income and receipts of the authority or nonprofit corporation from whatever sources derived, will be sufficient (a) to pay, as the same become due, the principal and interest on the bonds of the authority or nonprofit corporation; (b) to meet the cost of, and to provide for, maintaining and operating the projects, including the cost of any insurance, and the administrative expenses of the authority or nonprofit corporation; provided nothing in this section shall be construed as prohibiting any authority or nonprofit corporation from providing for variable rentals based on family income. In the operation or management of housing projects an authority or nonprofit corporation shall, at all times, rent or lease the dwelling accommodations therein at rentals within the financial reach of families of low income. The Commissioner of Economic and Community Development may establish maximum income limits for admission and continued occupancy of tenants, provided such maximum income limits and all revisions thereof for housing projects operated pursuant to any contract with any agency of the federal government shall be subject to the prior approval of such federal agency. The Commissioner of Economic and Community Development shall define the income of a family to provide the basis for determining eligibility for the admission, rentals and for the continued occupancy of families under the maximum income limits fixed and approved. The definition of family income, by the Commissioner of Economic and Community Development, may provide for the exclusion of all or part of the income of family members which, in the judgment of said commissioner, is not generally available to meet the cost of basic living needs of the family. No housing authority or developer shall refuse to rent any dwelling accommodation to an otherwise qualified applicant on the ground that one or more of the proposed occupants are children born out of wedlock. Each housing authority and developer shall provide a receipt to each applicant for admission to its housing projects stating the time and date of application and shall maintain a list of such applications, which shall be a public record as defined in section 1-200. The Commissioner of Economic and Community Development shall, by regulation, provide for the manner in which such list shall be created, maintained and revised. No provision of this part shall be construed as limiting the right of the authority to vest in an obligee the right, in the event of a default by such authority, to take possession of a housing project or cause the appointment of a receiver thereof or acquire title thereto through foreclosure proceedings, free from all the restrictions imposed by this chapter with respect to rental rates and tenant selection. The Commissioner of Economic and Community Development shall approve an operation or management plan of each housing project, which shall provide an income adequate for debt service, if any, administration, including a state service charge, other operating costs and establishment of reasonable reserves for repairs, maintenance and replacements, vacancy and collection losses. Said commissioner shall have the right of inspection of any housing during the period between the date on which construction thereof begins and the date the state loan is fully paid or, in the case of a grant, during the period for which any housing project built pursuant to such grant is used for housing for families of low and moderate income. An authority or developer shall semiannually submit to said commissioner a sworn statement setting forth such information with respect to the tenants and rentals for each housing project hereunder and the costs of operating each housing project under its jurisdiction as said commissioner requires. Any person who makes a false statement concerning the income of the family for which application for admission to or continued occupancy of housing projects is made may be fined not more than five hundred dollars or imprisoned not more than six months or both. With regard to a family who, since the last annual recertification, received any public assistance or state-administered general assistance and received earnings from employment, the authority or developer shall not require any interim recertification due to an earnings increase. At the annual recertification, the authority or developer shall base rent levels on such family's average income throughout the preceding twelve months. During the subsequent twelve-month period, the authority or developer shall not require any interim recertifications due to increased earnings from employment. However, if a family's income has decreased, nothing in this section shall preclude an interim recertification or recertification based on the reduced income level.

Sec. 3. Subsection (s) of section 12-574 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(s) Any person or business organization issued a license to conduct dog racing pursuant to subsection (c) of section 12-574c shall employ persons who, at the time of employment, are recipients of assistance under the state-administered general assistance program, state supplement program, medical assistance program, temporary family assistance program or food stamps program to fill not less than twenty per cent of the positions created by the conversion of a jai alai fronton to a dog race track if such persons have been trained for such employment by public or publicly-funded agencies in coordination with such licensee.

Sec. 4. Subsections (a) and (b) of section 16a-41h of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) Each electric and gas company, as defined in section 16-1, as amended, having at least seventy-five thousand customers, shall include in its monthly bills a request to each customer to add a one-dollar donation to the bill payment. Each company shall transmit all such donations received each month to Operation Fuel, Inc. , a state-wide nonprofit organization designed to respond to people within the state who are in financial crisis and need emergency energy assistance. Donations shall be distributed to nonprofit social services agencies and private fuel banks in accordance with guidelines established by the board of directors of Operation Fuel, Inc. , provided such funds shall be distributed on a priority basis to low-income elderly and working poor households which are not eligible for public assistance or state-administered general assistance but who are faced with a financial crisis and are unable to make timely payments on winter fuel, electricity or gas bills.

(b) If Operation Fuel, Inc. ceases to exist, such electric and gas companies shall jointly establish a nonprofit, tax-exempt corporation for the purpose of holding in trust and distributing such customer donations. The board of directors of such corporation shall consist of eleven members appointed as follows: Four by the companies, each of which shall appoint one member; one by the president pro tempore of the Senate; one by the minority leader of the Senate; one by the speaker of the House of Representatives; one by the minority leader of the House of Representatives; and three by the Governor. The board shall distribute such funds to nonprofit organizations and social service agencies which provide emergency energy or fuel assistance. The board shall target available funding on a priority basis to low-income elderly and working poor households which are not eligible for public assistance or state-administered general assistance but who are faced with a financial crisis and are unable to make timely payments on winter fuel, electricity or gas bills.

Sec. 5. Subsection (b) of section 16a-44b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(b) Funds allocated for the purposes of sections 16a-44b to 16a-44d, inclusive, shall be distributed among the towns in the following manner: (1) Ten per cent of the amount shall be distributed pro rata on the basis of the ratio of the total population of each town to the total population of the state. (2) Fifty per cent of the amount shall be divided among those towns whose adjusted equalized net grand list per capita falls below that of the town at the seventy-fifth percentile among all towns in the state, as determined by ranking in ascending order of all towns in the state according to their adjusted equalized net grand list per capita. The distribution shall be made to each town pro rata on the basis of the following ratio: The difference between the adjusted equalized net grand list per capita for the town at the seventy-fifth percentile and that of such town multiplied by the population of such town shall be the numerator of the fraction. For each town whose adjusted equalized net grand list per capita falls below that of the town at the seventy-fifth percentile, the resulting products of all such towns shall be added together and the sum shall be the denominator of the fraction. (3) Twenty per cent of the amount shall be distributed pro rata on the basis of the ratio of the average number of monthly paid maintenance cases for such town to the average number of monthly paid maintenance cases in the state. (4) Twenty per cent of the amount shall be distributed pro rata on the basis of the ratio of the number of elderly persons in such town receiving assistance under section 12-129b and chapter 204a to the number of elderly persons in the state receiving such assistance. For the purposes of this section, "adjusted equalized net grand list per capita" and "total population" shall be defined as in section 10-261, as amended, and "average number of monthly paid maintenance cases" means the monthly number of recipients of temporary family assistance, state-administered general assistance, and assistance to the aged, the blind and the totally disabled, [Connecticut assistance and medical aid program for the disabled and general assistance,] averaged over the most recent fiscal year for which information is available.

Sec. 6. Subsection (b) of section 17a-460c of the general statutes, as amended by section 36 of public act 03-19, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(b) The agreements and other contractual arrangements identified in subsection (a) of this section may include plans and arrangements certified by the Department of Social Services, the Department of Mental Health and Addiction Services, or the federal Centers for Medicare and Medicaid Services, to provide services to Medicaid, Medicare, state-administered general assistance, Department of Mental Health and Addiction Services or Centers for Medicare and Medicaid Services beneficiaries, as well as private plans and arrangements satisfactory to the commissioner.

Sec. 7. Section 17b-10 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) The Department of Social Services shall prepare and routinely update state medical services and public assistance manuals. [and general assistance policy manuals. ] The pages of such manuals shall be consecutively numbered and indexed, containing all departmental policy regulations and substantive procedure. Said manuals shall be published by the department and distributed so that they are available to (1) all district, subdistrict and field offices of the Department of Social Services; (2) each town hall in the state; (3) all legal assistance programs in the state; and (4) any interested member of the public who requests a copy. All policy manuals of the department, as they exist on May 23, 1984, including the supporting bulletins but not including statements concerning only the internal management of the department and not affecting private rights or procedures available to the public, shall be construed to have been adopted as regulations in accordance with the provisions of chapter 54. After May 23, 1984, any policy issued by the department, except a policy necessary to conform to a requirement of a federal or joint federal and state program administered by the department, including, but not limited to, the state supplement program to the Supplemental Security Income Program, shall be adopted in regulation form in accordance with the provisions of chapter 54. After May 23, 1984, the department shall adopt in regulation form in accordance with the provisions of chapter 54, any new policy necessary to conform to a requirement of a federal or joint state and federal program administered by the department, including, but not limited to, the state supplement program to the Supplemental Security Income Program, but the department may operate under such policy while it is in the process of adopting the policy in regulation form, provided the 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.

[(b) By July 1, 1986, the Department of Social Services shall rewrite the general assistance policy manual using plain language as described in section 42-152 and sections 38a-295 to 38a-300, inclusive. The manual shall include an index for frequent referencing and a separate section or manual which specifies procedures to follow to clarify policy. The department shall keep records of policy and procedural questions raised by town welfare officials and staff during telephone conversations and office visits. ]

[(c)] (b) By January 1, 1987, the Department of Social Services shall replace its state public assistance policy manual with a new manual which is adopted in accordance with the provisions of chapter 54 and which sets forth in clear and concise language the policies and procedures to be used by the department in implementing and enforcing federal and state laws. The department may operate under a policy in the new recipient eligibility and benefit policy manual while it is in the process of adopting the manual in regulation form, provided the department shall print a notice of intent to adopt regulations relating to recipient eligibility and benefits in the Connecticut Law Journal within twenty days of issuing the policy.

Sec. 8. Subsection (c) of section 17b-30 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(c) Said system shall be utilized for office use only in the following programs: [(1) General assistance; (2) temporary] (1) Temporary family assistance; and [(3)] (2) any other program to be determined at the discretion of the Commissioner of Social Services.

Sec. 9. Subsection (b) of section 17b-90 of the general statutes, as amended by section 1 of public act 03-89, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(b) No person shall, except for purposes directly connected with the administration of programs of the Department of Social Services and in accordance with the regulations of the commissioner, solicit, disclose, receive or make use of, or authorize, knowingly permit, participate in or acquiesce in the use of, any list of the names of, or any information concerning, persons applying for or receiving assistance from the Department of Social Services or persons participating in a program administered by said department, directly or indirectly derived from the records, papers, files or communications of the state or its subdivisions or agencies, or acquired in the course of the performance of official duties. The Commissioner of Social Services shall disclose (1) to any authorized representative of the Labor Commissioner such information directly related to unemployment compensation, administered pursuant to chapter 567 or information necessary for implementation of sections 17b-688b, 17b-688c and 17b-688h, as amended, and section 122 of public act 97-2 of the June 18 special session*, (2) to any authorized representative of the Commissioner of Mental Health and Addiction Services any information necessary for the implementation and operation of the basic needs supplement program or for the management of and payment for behavioral health services for applicants for and recipients of [general assistance and] state-administered general assistance, (3) to any authorized representative of the Commissioner of Administrative Services, or the Commissioner of Public Safety such information as the state Commissioner of Social Services determines is directly related to and necessary for the Department of Administrative Services or the Department of Public Safety for purposes of performing their functions of collecting social services recoveries and overpayments or amounts due as support in social services cases, investigating social services fraud or locating absent parents of public assistance recipients, (4) to any authorized representative of the Commissioner of Children and Families necessary information concerning a child or the immediate family of a child receiving services from the Department of Social Services, including safety net services, if the Commissioner of Children and Families or the Commissioner of Social Services has determined that imminent danger to such child's health, safety or welfare exists to target the services of the family services programs administered by the Department of Children and Families, (5) to a town official or other contractor or authorized representative of the Labor Commissioner such information concerning an applicant for or a recipient of financial or medical assistance under [general assistance or] state-administered general assistance deemed necessary by said commissioners to carry out their respective responsibilities to serve such persons under the programs administered by the Labor Department that are designed to serve applicants for or recipients of [general assistance or] state-administered general assistance, (6) to any authorized representative of the Commissioner of Mental Health and Addiction Services for the purposes of the behavioral health managed care program established by section 17a-453, or (7) to a health insurance provider, in IV-D support cases, as defined in section 46b-231, as amended, information concerning a child and the custodial parent of such child that is necessary to enroll such child in a health insurance plan available through such provider when the noncustodial parent of such child is under court order to provide health insurance coverage but is unable to provide such information, provided the Commissioner of Social Services determines, after providing prior notice of the disclosure to such custodial parent and an opportunity for such parent to object, that such disclosure is in the best interests of the child. No such representative shall disclose any information obtained pursuant to this section, except as specified in this section. Any applicant for assistance provided through said department shall be notified that, if and when such applicant receives benefits, the department will be providing law enforcement officials with the address of such applicant upon the request of any such official pursuant to section 17b-16a.

Sec. 10. Section 17b-92 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) A relocation adjustment payment under Section 114 of the federal Housing Act of 1949, as amended, shall not be considered income, earnings, assets or rent in the determination of eligibility under any public assistance program [or any general assistance program] provided, if a recipient of such assistance receives a relocation adjustment payment in excess of two hundred fifty dollars, the Commissioner of Social Services shall not be required to provide such recipient with similar assistance for moving expenses or other expenses directly related to relocation. In those instances where a recipient has received a relocation adjustment payment in excess of two hundred fifty dollars and has also been provided with similar assistance for moving expenses or other expenses directly related to relocation, under any public assistance program [or any general assistance program] such recipient shall be required to transfer or assign to the Commissioner of Social Services an amount equal to the relocation assistance that had been received from the Commissioner of Social Services.

(b) Any payment made pursuant to section 47-88d to a recipient of public assistance [or general assistance] shall not be considered income, earnings, assets or rent in the determination of eligibility for any public assistance program [or any general assistance program] and shall not be deducted from the amount of assistance to which the recipient would otherwise be entitled.

Sec. 11. Section 17b-104 of the general statutes, as amended by section 38 of public act 03-19 and section 60 of public act 03-3 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) The Commissioner of Social Services shall administer the program of state supplementation to the Supplemental Security Income Program provided for by the Social Security Act and state law. The commissioner may delegate any powers and authority to any deputy, assistant, investigator or supervisor, who shall have, within the scope of the power and authority so delegated, all of the power and authority of the Commissioner of Social Services. On and after January 1, 1994, the commissioner shall establish a standard of need based on the cost of living in this state for the temporary family assistance program [,] and the state-administered general assistance program. [and the general assistance program. ] The commissioner shall make a reinvestigation, at least every twelve months, of all cases receiving aid from the state, except that such reinvestigation may be conducted every twenty-four months for recipients of assistance to the elderly or disabled with stable circumstances, and shall maintain all case records of the several programs administered by the Department of Social Services so that such records show, at all times, full information with respect to eligibility of the applicant or recipient. In the determination of need under any public assistance program, such income or earnings shall be disregarded as federal law requires, and such income or earnings may be disregarded as federal law permits. The commissioner shall encourage and promulgate such incentive earning programs as are permitted by federal law and regulations.

(b) On July 1, 1988, and annually thereafter, the commissioner shall increase the payment standards over those of the previous fiscal year under the aid to families with dependent children program, temporary family assistance program [,] and the state-administered general assistance program [and for the general assistance program] by the percentage increase, if any, in the most recent calendar year average in the consumer price index for urban consumers over the average for the previous calendar year, provided the annual increase, if any, shall not exceed five per cent, except that the payment standards for the fiscal years ending June 30, 1992, June 30, 1993, June 30, 1994, June 30, 1995, June 30, 1996, June 30, 1997, June 30, 1998, June 30, 1999, June 30, 2000, June 30, 2001, June 30, 2002, June 30, 2003, June 30, 2004, and June 30, 2005, shall not be increased. On January 1, 1994, the payment standards shall be equal to the standards of need in effect July 1, 1993.

(c) On and after July 1, 1995, the payment standards for families receiving assistance under the temporary family assistance program [,] and the state-administered general assistance program [and general assistance program] shall be equal to seventy-three per cent of the AFDC standards of need in effect June 30, 1995.

(d) For a family living in subsidized housing, income shall be attributed to such family which shall be eight per cent of the payment standard for such family.

Sec. 12. Section 17b-111 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

On and after July 1, 1998, the commissioner shall implement a state-administered general assistance program and on or before April 1, 1997, the commissioner shall implement said program in the fourteen towns in which the regional or district offices of the Department of Social Services are located, subject to the restrictions of section 17b-118, as amended. The commissioner may contract for the implementation of such program. [A town, with a regional or district office of the department and a general assistance office, may petition the commissioner to allow such town to continue the operation of its general assistance program. The commissioner, in examining such petition, shall consider the cost effectiveness of such town's general assistance program. ]

Sec. 13. Section 17b-118 of the general statutes, as amended by section 97 of public act 03-3 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

[(a) No assistance or care shall be given under sections 17b-111, 17b-118, 17b-118a, 17b-118b, 17b-119, 17b-122 and 17b-124 to 17b-132, inclusive, to an employable person by the state or the town liable to support such person in accordance with section 17b-111. On and after July 1, 1995, financial assistance granted under the general assistance program and state-administered general assistance, to a person who has been determined to be a transitional individual, as defined in section 17b-689, shall be limited to a twenty-four-month period of eligibility with no more than ten months of assistance in the first twelve months of eligibility and no more than six months of assistance in the second twelve months of eligibility. Persons with dependent children under eighteen years of age and transitional individuals who are not classified as such solely due to mental illness or substance abuse who are eligible for assistance under sections 17b-111, 17b-118, 17b-118a, 17b-118b, 17b-119, 17b-122, 17b-124 to 17b-132, inclusive, 17b-136 to 17b-138, inclusive, 17b-221 to 17b-250, inclusive, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, and 17b-743 to 17b-747, inclusive, shall not be subject to the durational limits on assistance established pursuant to this section. The Commissioner of Social Services shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this subsection.

(b) Prior to or upon discontinuance of assistance, a person previously determined to be a transitional individual may petition the commissioner to review the determination of his status. In such review, the commissioner shall consider factors, including but not limited to: (1) Age; (2) education; (3) vocational training; (4) mental and physical health; and (5) employment history and shall make a determination of such person's ability to obtain gainful employment. The commissioner shall notify the town providing assistance to such person of his determination. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to establish a standardized procedure of determining employability. Upon determination by the commissioner that a transitional individual is not unemployable, the person shall be ineligible to receive financial assistance from the town or from the state for one year, unless he produces medical verification of a substantial deterioration in his physical or mental condition or a new condition of such severity and duration that it precludes employment for a period of at least six months. ]

[(c)] Notwithstanding any provision of the general statutes, when a person who is ineligible for financial assistance due to his employability status [or the time limits imposed under subsection (a) of this section,] is currently in or enters a residential substance abuse treatment facility, the town shall pay his room and board while at such facility as an expense reimbursable under the general assistance program by the Department of Social Services or the Department of Mental Health and Addiction Services, provided the person is eligible to receive medical assistance. The town shall be responsible for these costs until the date upon which the administration of the general assistance program is assumed by the state or is officially delegated to a town by the Commissioner of Social Services, at which time the Department of Social Services or the Department of Mental Health and Addiction Services shall assume these costs. Such assistance shall be paid directly to the treatment facility at a rate established by the Department of Social Services or negotiated by the Department of Mental Health and Addiction Services.

[(d) The provisions of this section shall take effect no later than August 31, 1997. ]

Sec. 14. Section 17b-118a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

A person (1) at least eighteen years of age and under twenty-one years of age, (2) living with his family which is receiving benefits under the temporary family assistance program, and (3) who would be an eligible dependent in such program if under the age of eighteen shall be eligible for state-administered general assistance in the amount of assistance such person would be eligible for under the temporary family assistance program.

Sec. 15. Section 17b-180a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

The Department of Social Services shall implement an expedited application and eligibility determination process for the temporary family assistance program to reduce state-administered general assistance program expenditures for those applicants potentially eligible for temporary family assistance.

Sec. 16. Section 17b-274 of the general statutes, as amended by section 19 of public act 03-2 and section 84 of public act 03-3 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) The Division of Criminal Justice shall periodically investigate pharmacies to ensure that the state is not billed for a brand name drug product when a less expensive generic substitute drug product is dispensed to a Medicaid recipient. The Commissioner of Social Services shall cooperate and provide information as requested by such division.

(b) A licensed medical practitioner may specify in writing or by a telephonic or electronic communication that there shall be no substitution for the specified brand name drug product in any prescription for a Medicaid, state-administered general assistance, [general assistance] or ConnPACE recipient, provided (1) the practitioner specifies the basis on which the brand name drug product and dosage form is medically necessary in comparison to a chemically equivalent generic drug product substitution, and (2) the phrase "brand medically necessary" shall be in the practitioner's handwriting on the prescription form or, if the prohibition was communicated by telephonic communication, in the pharmacist's handwriting on such form, and shall not be preprinted or stamped or initialed on such form. If the practitioner specifies by telephonic communication that there shall be no substitution for the specified brand name drug product in any prescription for a Medicaid, state-administered general assistance, [general assistance] or ConnPACE recipient, written certification in the practitioner's handwriting bearing the phrase "brand medically necessary" shall be sent to the dispensing pharmacy within ten days. A pharmacist shall dispense a generically equivalent drug product for any drug listed in accordance with the Code of Federal Regulations Title 42 Part 447. 332 for a drug prescribed for a Medicaid, state-administered general assistance, [general assistance] or ConnPACE recipient unless the phrase "brand medically necessary" is ordered in accordance with this subsection and such pharmacist has received approval to dispense the brand name drug product in accordance with subsection (c) of this section.

(c) The Commissioner of Social Services shall implement a procedure by which a pharmacist shall obtain approval from an independent pharmacy consultant acting on behalf of the Department of Social Services, under an administrative services only contract, whenever the pharmacist dispenses a brand name drug product to a Medicaid, state-administered general assistance, [general assistance] or ConnPACE recipient and a chemically equivalent generic drug product substitution is available, provided such procedure shall not require approval for other than initial prescriptions for such drug product. In cases where the brand name drug is less costly than the chemically equivalent generic drug when factoring in manufacturers' rebates, the pharmacist shall dispense the brand name drug. If such approval is not granted or denied within two hours of receipt by the commissioner of the request for approval, it shall be deemed granted. Notwithstanding any provision of this section, a pharmacist shall not dispense any initial maintenance drug prescription for which there is a chemically equivalent generic substitution that is for less than fifteen days without the department's granting of prior authorization, provided prior authorization shall not otherwise be required for atypical antipsychotic drugs if the individual is currently taking such drug at the time the pharmacist receives the prescription. The pharmacist may appeal a denial of reimbursement to the department based on the failure of such pharmacist to substitute a generic drug product in accordance with this section.

(d) A licensed medical practitioner shall disclose to the Department of Social Services or such consultant, upon request, the basis on which the brand name drug product and dosage form is medically necessary in comparison to a chemically equivalent generic drug product substitution. The Commissioner of Social Services shall establish a procedure by which such a practitioner may appeal a determination that a chemically equivalent generic drug product substitution is required for a Medicaid, state-administered general assistance, [general assistance] or ConnPACE recipient.

Sec. 17. Section 17b-274a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

The Commissioner of Social Services may establish maximum allowable costs to be paid under the Medicaid, state-administered general assistance, [general assistance,] ConnPACE and Connecticut AIDS drug assistance programs for generic prescription drugs based on, but not limited to, actual acquisition costs. The department shall implement and maintain a procedure to review and update the maximum allowable cost list at least annually, and shall report annually to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies on its activities pursuant to this section.

Sec. 18. Section 17b-274b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

The Commissioner of Social Services may implement a pharmaceutical purchasing initiative by contracting with an established entity for the purchase of drugs through the lowest pricing available notwithstanding the provisions of section 17b-280, as amended, for Medicaid, state-administered general assistance, [general assistance,] ConnPACE and Connecticut AIDS drug assistance recipients. Any entity with whom the commissioner contracts for the purposes of this section shall have an established pharmaceutical network and a demonstrated capability of processing the prescription volume anticipated for Medicaid, state-administered general assistance, [general assistance,] ConnPACE and Connecticut AIDS drug assistance recipients. The department shall report annually on the status of the pharmaceutical purchasing initiative to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies.

Sec. 19. Section 17b-274c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

The Commissioner of Social Services may establish a voluntary mail order option for any maintenance prescription drug covered under the Medicaid, state-administered general assistance, [general assistance,] ConnPACE or Connecticut AIDS drug assistance programs.

Sec. 20. Section 17b-280 of the general statutes, as amended by section 2 of public act 03-2 and section 52 of public act 03-3 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) The state shall reimburse for all legend drugs provided under the Medicaid, state-administered general assistance, [general assistance,] ConnPACE and Connecticut AIDS drug assistance programs at the rate established by the Health Care Finance Administration as the federal acquisition cost, or, if no such rate is established, the commissioner shall establish and periodically revise the estimated acquisition cost in accordance with federal regulations. Effective October 1, 2003, the commissioner shall also establish a professional fee of three dollars and thirty cents for each prescription to be paid to licensed pharmacies for dispensing drugs to Medicaid, state-administered general assistance, [general assistance,] ConnPACE and Connecticut AIDS drug assistance recipients in accordance with federal regulations; and on and after September 4, 1991, payment for legend and nonlegend drugs provided to Medicaid recipients shall be based upon the actual package size dispensed. Effective October 1, 1991, reimbursement for over-the-counter drugs for such recipients shall be limited to those over-the-counter drugs and products published in the Connecticut Formulary, or the cross reference list, issued by the commissioner. The cost of all over-the-counter drugs and products provided to residents of nursing facilities, chronic disease hospitals, and intermediate care facilities for the mentally retarded shall be included in the facilities' per diem rate.

(b) The Department of Social Services may provide an enhanced dispensing fee to a pharmacy enrolled in the federal Office of Pharmacy Affairs Section 340B drug discount program established pursuant to 42 USC 256b or a pharmacy under contract to provide services under said program.

Sec. 21. Section 17b-491a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) The Commissioner of Social Services may establish a plan for the prior authorization of (1) any initial prescription for a drug covered under the Medicaid, state-administered general assistance, [general assistance] or ConnPACE program that costs five hundred dollars or more for a thirty-day supply, or (2) any early refill of a prescription drug covered under any of said programs. The Commissioner of Social Services shall establish a procedure by which prior authorization under this subsection shall be obtained from an independent pharmacy consultant acting on behalf of the Department of Social Services, under an administrative services only contract. If prior authorization is not granted or denied within two hours of receipt by the commissioner of the request for prior authorization, it shall be deemed granted.

(b) The Commissioner of Social Services shall, to increase cost-efficiency or enhance access to a particular prescription drug, establish a plan under which the commissioner may designate specific suppliers of a prescription drug from which a dispensing pharmacy shall order the prescription to be delivered to the pharmacy and billed by the supplier to the department. For each prescription dispensed through designated suppliers, the department shall pay the dispensing pharmacy a handling fee not to exceed four hundred per cent of the dispensing fee established pursuant to section 17b-280, as amended. In no event shall the provisions of this subsection be construed to allow the commissioner to purchase all prescription drugs covered under the Medicaid, state-administered general assistance, [general assistance] and ConnPACE programs under one contract.

(c) Notwithstanding the provisions of section 17b-262 and any regulation adopted thereunder, on or after July 1, 2000, the Commissioner of Social Services may establish a schedule of maximum quantities of oral dosage units permitted to be dispensed at one time for prescriptions covered under the Medicaid [,] and state-administered general assistance [and general assistance] programs based on a review of utilization patterns.

(d) A plan or schedule established pursuant to subsection (a), (b) or (c) of this section and any revisions thereto shall be submitted to the joint standing committees of the General Assembly having cognizance of matters relating to public health, human services and appropriations and the budgets of state agencies. Within sixty days of receipt of such a plan or schedule or revisions thereto, said joint standing committees of the General Assembly shall approve or deny the plan or schedule or any revisions thereto and advise the commissioner of their approval or denial of the plan or schedule or any revisions thereto. The plan or schedule or any revisions thereto shall be deemed approved unless all committees vote to reject such plan or schedule or revisions thereto within sixty days of receipt of such plan or schedule or revisions thereto.

Sec. 22. Section 17b-491b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

The maximum allowable cost paid for Factor VIII pharmaceuticals under the Medicaid, state-administered general assistance, [general assistance] and ConnPACE programs shall be the actual acquisition cost plus eight per cent. The Commissioner of Social Services may designate specific suppliers of Factor VIII pharmaceuticals from which a dispensing pharmacy shall order the prescription to be delivered to the pharmacy and billed by the supplier to the Department of Social Services. If the commissioner so designates specific suppliers of Factor VIII pharmaceuticals, the department shall pay the dispensing pharmacy a handling fee equal to eight per cent of the actual acquisition cost for such prescription.

Sec. 23. Section 17b-694 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) The Labor Commissioner, in consultation with the Commissioners of Social Services and Mental Health, shall administer a grant program, within available appropriations, to fund employment placement projects for recipients of [general assistance or] state-administered general assistance, cash assistance or medical assistance or recipients of Medicaid who are eighteen to twenty years of age. A grant may be awarded to (1) a municipality or group of towns which form a region based on a project plan providing education, training or other assistance in securing employment, (2) a private substance abuse or mental health services provider based on a project plan incorporating job placement in the treatment process, or (3) a nonprofit organization providing employment services when no municipality or group of towns elect to apply for such a grant for a given geographic area. A plan may include cash incentives as a supplement to wages for recipients who work.

(b) In order to receive funding, a project plan shall be submitted to the commissioner no later than August first, annually. Funds shall be disbursed by the commissioner no later than September first, annually. Projects shall be funded based on the number of recipients to be served and the level of services to be provided.

Sec. 24. Section 17b-730 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) The Commissioner of Social Services is authorized to take advantage of any federal statutes and regulations relating to child day care and shall have the power to administer any federally-assisted child day care program in the event that said federal statutes or regulations require that said federally-assisted program be administered by a single state agency.

(b) The Commissioner of Social Services is authorized to take advantage of Title V of Public Law 88-452, entitled "Economic Opportunity Act of 1964", with respect to providing work training, aid and assistance to persons eligible for state-administered general assistance or public assistance, and to administer the same in such manner as is required for the receipt of federal funds therefor.

Sec. 25. Section 17b-802 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) The Commissioner of Social Services shall establish, within available appropriations, and administer a security deposit guarantee program for persons who (1) (A) are recipients of temporary family assistance, aid under the state supplement program, or state-administered general assistance, [or general assistance,] or (B) have a documented showing of financial need, and (2) (A) are residing in emergency shelters or other emergency housing, cannot remain in permanent housing due to any reason specified in subsection (a) of section 17b-808, or are served a notice to quit in a summary process action instituted pursuant to chapter 832, or (B) have a rental assistance program or federal Section 8 certificate or voucher. Under such program, the Commissioner of Social Services may provide security deposit guarantees for use by such persons in lieu of a security deposit on a rental dwelling unit. Eligible persons may receive a security deposit guarantee in an amount not to exceed the equivalent of two months' rent on such rental unit. No person may apply for and receive a security deposit guarantee more than once in any eighteen-month period without the express authorization of the Commissioner of Social Services, except as provided in subsection (b) of this section. The Commissioner of Social Services may establish priorities for allocating security deposit guarantees between eligible persons described in subparagraphs (A) and (B) of subdivision (2) of this subsection.

(b) In the case of any person who qualifies for a guarantee, the Commissioner of Social Services, or any emergency shelter under contract with the Department of Social Services to assist in the administration of the security deposit guarantee program established pursuant to subsection (a) of this section, may execute a written agreement to pay the landlord for any damages suffered by the landlord due to the tenant's failure to comply with such tenant's obligations as defined in section 47a-21, as amended, provided the amount of any such payment shall not exceed the amount of the requested security deposit. Notwithstanding the provisions of subsection (a) of this section, if a person who has previously received a grant for a security deposit or a security deposit guarantee becomes eligible for a subsequent security deposit guarantee within eighteen months after a claim has been paid on a prior security deposit guarantee, such person may receive a security deposit guarantee. The amount of the subsequent security deposit guarantee for which such person would otherwise have been eligible shall be reduced by (1) any amount of a previous grant which has not been returned to the department pursuant to section 47a-21, as amended, or (2) the amount of any payment made to the landlord for damages pursuant to this subsection.

(c) Any payment made pursuant to this section to any person receiving temporary family assistance, aid under the state supplement program [, general assistance] or state-administered general assistance shall not be deducted from the amount of assistance to which the recipient would otherwise be entitled.

(d) On and after July 1, 2000, no special need or special benefit payments shall be made by the commissioner for security deposits from the temporary family assistance, state supplement, or state-administered general assistance [or general assistance] programs.

(e) The Commissioner of Social Services may, within available appropriations, on a case-by-case basis, provide a security deposit grant to a person eligible for the security deposit guarantee program established under subsection (a) of this section, in an amount not to exceed the equivalent of one month's rent on such rental unit provided the commissioner determines that emergency circumstances exist which threaten the health, safety or welfare of a child who resides with such person. Such person shall not be eligible for more than one such grant without the authorization of said commissioner. Nothing in this section shall preclude the approval of such one-month security deposit grant in conjunction with a one-month security deposit guarantee.

(f) The Commissioner of Social Services may provide a security deposit grant to a person receiving such grant through any emergency shelter under an existing contract with the Department of Social Services to assist in the administration of the security deposit program, but in no event shall a payment be authorized after October 1, 2000. Nothing in this section shall preclude the commissioner from entering into a contract with one or more emergency shelters for the purpose of issuing security deposit guarantees.

(g) The Commissioner of Social Services shall adopt regulations, in accordance with the provisions of chapter 54, to administer the program established pursuant to this section and to set eligibility criteria for the program, but may implement the program until June 30, 2003, while in the process of adopting such regulations provided notice of intent to adopt the regulations is published in the Connecticut Law Journal within twenty days after implementation.

Sec. 26. Subsection (c) of section 17b-853 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(c) So much of the cost of a human resource development program as is not met by either a federal grant-in-aid or by a state grant-in-aid pursuant to this section may be paid by a municipality, any agency, board, commission or department thereof, or any public authority, or any private organization, in cash or in kind, including, but not limited to, in the discretion of the Commissioner of Social Services, additional plant and equipment, added services and increases in financial assistance furnished thereby, provided only such increments in plant and equipment, services and financial assistance as (1) are used for or in connection with human resource development programs, and (2) are funded otherwise than by federal or state financial assistance [and (3) are not general assistance payments] may be considered as payment by a municipality under this section.

Sec. 27. Section 19a-492b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) A home health care agency that receives payment for rendering care to persons receiving medical assistance from the state, [general assistance medical benefits from a town,] assistance from the Connecticut home-care program for the elderly pursuant to section 17b-342, or funds obtained through Title XVIII of the Social Security Amendments of 1965 shall be prohibited from discriminating against such persons who apply for enrollment to such home health care agency on the basis of source of payment.

(b) Any home health care agency which violates the provisions of this section shall be subject to suspension or revocation of license.

Sec. 28. Subsection (a) of section 19a-533 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) As used in this section, "nursing home" means any chronic and convalescent facility or any rest home with nursing supervision, as defined in section 19a-521, which has a provider agreement with the state to provide services to recipients of funds obtained through Title XIX of the Social Security Amendments of 1965; and "indigent person" means any person who is eligible for or who is receiving medical assistance benefits from the state. [or general assistance benefits from a town. ]

Sec. 29. Subdivision (7) of section 19a-659 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(7) "Medical assistance" means medical assistance provided under the [general assistance program, the] state-administered general assistance program or the Medicaid program.

Sec. 30. Subdivision (4) of section 19a-673 of the general statutes, as amended by section 5 of public act 03-266, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(4) "Uninsured patient" means any person who is liable for one or more hospital charges whose income is at or below two hundred fifty per cent of the poverty income guidelines who (A) has applied and been denied eligibility for any medical or health care coverage provided under the state-administered general assistance program or the Medicaid program due to failure to satisfy income or other eligibility requirements, and (B) is not eligible for coverage for hospital services under the Medicare or CHAMPUS programs, or under any Medicaid or health insurance program of any other nation, state, territory or commonwealth, or under any other governmental or privately sponsored health or accident insurance or benefit program including, but not limited to, workers' compensation and awards, settlements or judgments arising from claims, suits or proceedings involving motor vehicle accidents or alleged negligence.

Sec. 31. Subsection (c) of section 20-619 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(c) A prescribing practitioner may specify in writing or by a telephonic or other electronic communication that there shall be no substitution for the specified brand name drug product in any prescription, provided (1) in any prescription for a Medicaid, state-administered general assistance, [general assistance] or ConnPACE recipient, such practitioner specifies the basis on which the brand name drug product and dosage form is medically necessary in comparison to a chemically equivalent generic drug product substitution, and (2) the phrase "BRAND MEDICALLY NECESSARY", shall be in the practitioner's handwriting on the prescription form or on an electronically-produced copy of the prescription form or, if the prohibition was communicated by telephonic or other electronic communication that did not reproduce the practitioner's handwriting, a statement to that effect appears on the form. The phrase "BRAND MEDICALLY NECESSARY" shall not be preprinted or stamped or initialed on the form. If the practitioner specifies by telephonic or other electronic communication that did not reproduce the practitioner's handwriting that there shall be no substitution for the specified brand name drug product in any prescription for a Medicaid, state-administered general assistance, [general assistance] or ConnPACE recipient, written certification in the practitioner's handwriting bearing the phrase "BRAND MEDICALLY NECESSARY" shall be sent to the dispensing pharmacy within ten days.

Sec. 32. Subsections (a) and (b) of section 31-3d of the general statutes, as amended by section 97 of public act 03-3 of the June 30 special session, are repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) The Labor Commissioner shall develop and implement work training opportunities programs in cooperation with municipalities, public and private agencies and business and industry in order to expand education, training, supportive services and job development for the placement of the chronically unemployed with specific emphasis on the needs of persons receiving or eligible to receive [general assistance under the provisions of sections 17b-118, 17b-118a, 17b-118b, 17b-119, 17b-122, 17b-124 to 17b-132, inclusive, 17b-136 to 17b-138, inclusive, 17b-221 to 17b-250, inclusive, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, 17b-689, 17b-689b and 17b-743 to 17b-747, inclusive] state-administered general assistance program benefits. For the purposes of funding such programs, the commissioner may, in addition to expending available appropriations, apply for, receive and expend funds from federal governmental and private sources.

(b) Participants in such programs shall receive compensation for time spent in training at rates established or approved by the Labor Commissioner. Participants who are state-administered general assistance recipients may earn a net amount up to thirty dollars per week in education and training programs established under this section, section 31-3b or subsection (a) of section 17b-689, as amended, without affecting the amount of their grants. Amounts in excess of thirty dollars earned by state-administered general assistance recipients for each week of such education or training shall be deducted from such recipients' grants. Medical benefits of such recipients shall not be affected by participation in such education or training. Job placement of participants who have completed training shall be limited to positions for which compensation is payable at rates consistent with industry practice or in conformity with collective bargaining agreements.

Sec. 33. Subsection (b) of section 31-3k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(b) Each board, within its region, shall:

(1) Carry out the duties and responsibilities of a private industry council under the Job Training Partnership Act, provided the private industry council within the region elects by a vote of its members to become a board and the Labor Commissioner approves the council as a regional work force development board.

(2) Within existing resources and consistent with the state employment and training information system and any guidelines issued by the commissioner under subsection (b) of section 31-2, and with the annual plan developed by the commission under section 31-3h, as amended, and approved by the Governor, (A) assess regional needs and identify regional priorities for employment and training programs, including, but not limited to, an assessment of the special employment needs of unskilled and low-skilled unemployed persons, including persons receiving state-administered general assistance or short-term unemployment assistance, (B) conduct planning for regional employment and training programs, (C) coordinate such programs to ensure that the programs respond to the needs of labor, business and industry, municipalities within the region, the region as a whole, and all of its citizens, (D) serve as a clearinghouse for information on all employment and training programs in the region, (E) prepare and submit an annual plan containing the board's priorities and goals for regional employment and training programs to the commissioner and the commission for their review and approval, (F) review grant proposals and plans submitted to state agencies for employment and training programs that directly affect the region to determine whether such proposals and plans are consistent with the annual regional plan prepared under subparagraph (E) of this subdivision and inform the commission and each state agency concerned of the results of the review, (G) evaluate the effectiveness of employment and training programs within the region in meeting the goals contained in the annual regional plan prepared under subparagraph (E) of this subdivision and report its findings to the commissioner and the commission on an annual basis, (H) ensure the effective use of available employment and training resources in the region, and (I) allocate funds where applicable for program operations in the region.

(3) Provide information to the commissioner concerning (A) all employment and training programs, grants or funds to be effective or available in the region in the following program year, (B) the source and purpose of such programs, grants or funds, (C) the projected amount of such programs, grants or funds, (D) persons, organizations and institutions eligible to participate in such programs or receive such grants or funds, (E) characteristics of clients eligible to receive services pursuant to such programs, grants or funds, (F) the range of services available pursuant to such programs, grants or funds, (G) goals of such programs, grants or funds, (H) where applicable, schedules for submitting requests for proposals, planning instructions, proposals and plans, in connection with such programs, grants or funds, (I) the program period for such programs, grants or funds, and (J) any other data relating to such programs, grants or funds that the commissioner or the commission deems essential for effective state planning.

(4) Carry out the duties and responsibilities of the local board for purposes of the federal Workforce Investment Act of 1998, P. L. 105-220, as from time to time amended.

(5) Establish a worker training education committee comprised of persons from the education and business communities within the region, including, but not limited to, regional community-technical colleges and regional vocational-technical schools.

Sec. 34. Subsection (c) of section 31-11x of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(c) The Labor Commissioner shall adopt regulations, in accordance with the provisions of chapter 54, establishing criteria for the distribution of funds under this section and shall adopt regulations, in accordance with chapter 54, to further implement the purposes of this section. The criteria shall include requirements that: (1) The program receiving state assistance: (A) Involves the Commissioner of Social Services in the planning of the program; (B) involves residents in the region to be served by the program in the planning and operation of the program; (C) involves the business community in the region to be served by the program in its development and operation; and (D) gives priority to persons who receive [general assistance or] state-administered general assistance benefits; and (2) a program receiving financial assistance has adequate internal administrative controls, accounting procedures, personnel standards, evaluation procedures, availability of in-service training and technical assistance programs and other policies as are necessary to promote the effective use of funds received under said programs.

Sec. 35. Subsection (e) of section 31-254 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(e) On a biweekly basis, the Department of Social Services shall compile a list of individuals who are receiving public assistance under the temporary assistance for needy families, Medicaid, food stamp, state supplement and state-administered general assistance programs and shall transmit such list to the Labor Department. The Labor Department shall promptly identify any new employee who is such an individual and said department shall transmit to the Department of Social Services the name, address and Social Security number of each such new employee and the name, address and state and federal tax registration or identification numbers of the employer.

Sec. 36. Subsection (b) of section 38a-472 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(b) Whenever there is in existence a contract by an insurer for payment to, or on behalf of, an applicant or recipient of medical assistance under the [general assistance program, the] state-administered general assistance program or the Medicaid program under said contract on account of bills incurred by the applicant or recipient for medical services, including, but not limited to, physician services, nursing services, pharmaceutical services, surgical care and hospital care, the assignment of the benefits of the contract by such applicant or recipient or his legally liable relative pursuant to section 17b-265 shall, upon receipt of notice from the assignee, be authority for payment by the insurer directly to the assignee. If notice is provided by the assignee to the insurer in accordance with the provisions of section 17b-265, the insurer shall be liable to the assignee for any amount payable to the assignee under the contract.

Sec. 37. Subdivision (3) of section 46a-63 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(3) "Lawful source of income" means income derived from social security, supplemental security income, housing assistance, child support, alimony or public or state-administered general assistance.

Sec. 38. Subsection (a) of section 46b-169 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) If the mother of any child born out of wedlock, or the mother of any child born to any married woman during marriage which child shall be found not to be issue of the marriage terminated by a decree of divorce or dissolution or by decree of any court of competent jurisdiction, fails or refuses to disclose the name of the putative father of such child under oath to the Commissioner of Social Services, if such child is a recipient of public assistance, [or to a selectman of a town in which such child resides, if such child is a recipient of general assistance,] or otherwise to a guardian or a guardian ad litem of such child, such mother may be cited to appear before any judge of the Superior Court and compelled to disclose the name of the putative father under oath and to institute an action to establish the paternity of said child.

Sec. 39. Subsection (b) of section 46b-215b of the general statutes, as amended by section 1 of public act 03-130, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(b) In any determination pursuant to subsection (a) of this section, when a party has been determined by the Social Security Administration, or a state agency authorized to award disability benefits, to qualify for disability benefits under the federal Supplemental Security Income Program, the Social Security disability program, the state supplement to the federal Supplemental Security Income Program, or the state-administered general assistance program, [or the general assistance program,] parental earning capacity shall not be a basis for deviating from the presumptive support amount that results from the application of the child support guidelines to such party's income.

Sec. 40. Subsection (b) of section 52-259b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(b) There shall be a rebuttable presumption that a person is indigent and unable to pay a fee or fees or the cost of service of process if (1) such person receives public assistance or (2) such person's income after taxes, mandatory wage deductions and child care expenses is one hundred twenty-five per cent or less of the federal poverty level. For purposes of this subsection, "public assistance" includes, but is not limited to, [general assistance,] state-administered general assistance, temporary family assistance, aid to the aged, blind and disabled, food stamps and Supplemental Security Income.

Sec. 41. Subsection (b) of section 54-210 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(b) Payment of compensation under this chapter may be made to a person who is a recipient of public assistance [,] or state-administered general assistance [or general assistance] for necessary and reasonable expenses related to injuries resulting from a crime and not provided for by the income assistance program in which such person is a participant. Unless required by federal law, no such payment shall be considered an asset for purposes of eligibility for such assistance.

Sec. 42. Section 7-406 of the general statutes, as amended by section 97 of public act 03-3 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

The board of finance or other corresponding board in each town, or, if there is no such board, the selectmen, shall annually prepare and have published a town report. Such report shall be available for distribution and shall contain, in addition to reports of town officers or boards required by law to be included, a statement of the amount received by such town under the provisions of part IIa of chapter 240 together with an itemized account of the disposition of such amount, and such other matter as the board of finance or other corresponding board deems advisable. Towns with a population of five thousand or less, as computed by the Secretary of the Office of Policy and Management, shall publish their receipts and expenditures and the names of all persons, firms or corporations, other than recipients of support under sections 17b-118, as amended, 17b-118a, [17b-118b,] 17b-119, as amended, 17b-122, 17b-124 to 17b-132, inclusive, as amended, 17b-136 to 17b-138, inclusive, [17b-221] 17b-222 to 17b-250, inclusive, as amended, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, as amended, 17b-689, as amended, 17b-689b and 17b-743 to 17b-747, inclusive, receiving money from such towns, together with the total amount of payments in excess of fifty dollars to each, unless such town has a bookkeeping system approved by the secretary setting forth all the receipts and expenditures in detail, in which case it shall not be necessary for the town to publish in its report the names of all persons, firms or corporations receiving money from such towns, together with the total amount of payments in excess of fifty dollars to each.

Sec. 43. Section 10a-194a of the general statutes, as amended by section 97 of public act 03-3 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

The authority shall report the terms and conditions of all financings and refinancings of nursing homes to the Commissioner of Social Services who shall make rate adjustments in accordance with the provisions of sections 17b-118, as amended, 17b-118a, [17b-118b,] 17b-119, as amended, 17b-122, 17b-124 to 17b-132, inclusive, as amended, 17b-136 to 17b-138, inclusive, [17b-221] 17b-222 to 17b-250, inclusive, as amended, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, as amended, 17b-689, as amended, 17b-689b and 17b-743 to 17b-747, inclusive.

Sec. 44. Subsection (b) of section 17a-600 of the general statutes, as amended by section 97 of public act 03-3 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(b) The expense of confinement, support and treatment of any acquittee committed to the jurisdiction of the board shall be computed and paid for in accordance with the provisions of sections 17a-528, 17b-118, as amended, 17b-118a, [17b-118b,] 17b-119, as amended, 17b-122, 17b-124 to 17b-132, inclusive, as amended, 17b-136 to 17b-138, inclusive, [17b-221] 17b-222 to 17b-250, inclusive, as amended, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, as amended, 17b-689, as amended, 17b-689b and 17b-743 to 17b-747, inclusive.

Sec. 45. Section 17b-13 of the general statutes, as amended by section 97 of public act 03-3 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

The Commissioner of Social Services is designated as the agency of the state to administer or supervise the administration of financial aid for emergency relief purposes which the United States government has authorized or may authorize to be given to the several states. The State Treasurer is directed to receive all money granted by the United States or by any agency thereof and to hold the same separate from all other funds of the state. Funds granted to the state for emergency relief purposes shall be disbursed by the Treasurer, upon voucher of the Comptroller, under direction of and subject to the regulations of said commissioner. Unless otherwise provided by the terms of the federal authorization, such money shall be distributed by said commissioner to the several towns of this state for emergency relief in the state and shall be used by such towns in accordance with, and shall be subject to, the provisions of sections 17b-118, as amended, 17b-118a, [17b-118b,] 17b-119, as amended, 17b-122, 17b-124 to 17b-132, inclusive, as amended, 17b-136 to 17b-138, inclusive, [17b-221] 17b-222 to 17b-250, inclusive, as amended, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, as amended, 17b-689, as amended, 17b-689b and 17b-743 to 17b-747, inclusive. The remaining cost of providing such relief, after deduction of the federal contribution thereto, shall be borne by the state and the towns in accordance with the provisions of section 17b-134, as amended; but such cost shall not include administrative expense unless included in the federal authorization.

Sec. 46. Subsection (b) of section 17b-124 of the general statutes, as amended by section 97 of public act 03-3 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(b) Each person having in his possession or control any property of any person for whom an application has been filed for medical assistance under sections 17b-118, as amended, 17b-118a, [17b-118b,] 17b-119, as amended, 17b-122, 17b-124 to 17b-132, inclusive, as amended, 17b-136 to 17b-138, inclusive, [17b-221] 17b-222 to 17b-250, inclusive, as amended, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, as amended, 17b-689, as amended, 17b-689b and 17b-743 to 17b-747, inclusive, or being indebted to him, or having knowledge of any property or income, including wages, belonging to him, or having knowledge of any other information relevant to such person's eligibility for such assistance, and any officer having control of the books and accounts of any corporation which has possession or control of any property or income, including wages, belonging to any such person, or is indebted to him, or having knowledge of such information, shall, upon presentation by a medical provider or its attorney of a signed certificate stating that an application signed by such person has been made for medical assistance, make full disclosure to such provider as to any such property or income, including wages or indebtedness or such other information relevant to such person's eligibility. Any person who violates any provision of this section shall be fined not more than one hundred dollars and shall pay just damages to the provider injured thereby.

Sec. 47. Subsection (a) of section 42 of public act 03-3 of the June 30 special session is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) Notwithstanding the provisions of sections [17b-7,] 17b-111, 17b-111b, 17b-118, as amended, and 17b-118a, [17b-118b and 17b-221,] the Commissioner of Social Services shall operate a state-administered general assistance program in accordance with this section and section 44 of [this act] public act 03-3 of the June 30 special session and sections 17b-78, as amended, 17b-119, as amended, 17b-131, as amended, 17b-257, as amended, and 17b-689, as amended. Notwithstanding any provision of the general statutes, on and after October 1, 2003, no town shall be reimbursed by the state for any general assistance medical benefits incurred after September 30, 2003, and on and after March 1, 2004, no town shall be reimbursed by the state for any general assistance cash benefits or general assistance program administrative costs incurred after February 29, 2004.

Sec. 48. Section 17b-126 of the general statutes, as amended by section 97 of public act 03-3 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

If any person receiving such aid neglects or refuses to sign such agreement, the selectmen are authorized to file a lien against such property, or against the real property of any legally liable relative of any person receiving aid or support under sections [17b-221] 17b-222 to 17b-250, inclusive, as amended, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, as amended, 17b-689, as amended, 17b-689b and 17b-743 to 17b-747, inclusive, to secure the disbursements of such town made prior to filing such lien and any disbursements thereafter made, and such lien from the time of filing shall have the same force and effect and may be foreclosed in the same manner as any agreement provided for in section 17b-125.

Sec. 49. Subsection (c) of section 17b-127 of the general statutes, as amended by section 97 of public act 03-3 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(c) Any person who defrauds the town to obtain any monetary award to which such person is not entitled, assists another person in so defrauding the town or with intent to defraud, or violates any other provision of sections 17b-118, as amended, 17b-118a, [17b-118b,] 17b-119, as amended, 17b-122, 17b-124 to 17b-132, inclusive, as amended, 17b-136 to 17b-138, inclusive, [17b-221] 17b-222 to 17b-250, inclusive, as amended, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, as amended, 17b-689, as amended, 17b-689b and 17b-743 to 17b-747, inclusive, shall be subject to the penalties for larceny under sections 53a-122 and 53a-123, depending on the amount involved. Any person convicted of violating this section shall be terminated from participation in the program for a period of at least one year.

Sec. 50. Subsection (b) of section 17b-128 of the general statutes, as amended by section 97 of public act 03-3 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(b) Any town that overpays a person receiving financial assistance under sections 17b-118, as amended, 17b-118a, [17b-118b,] 17b-119, as amended, 17b-122, 17b-124 to 17b-132, inclusive, as amended, 17b-136 to 17b-138, inclusive, [17b-221] 17b-222 to 17b-250, inclusive, as amended, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, as amended, 17b-689, as amended, 17b-689b and 17b-743 to 17b-747, inclusive, shall recover such overpayment from such person's ongoing assistance. The amount of such recovery shall not exceed ten per cent of such person's ongoing benefit in any month.

Sec. 51. Section 17b-129 of the general statutes, as amended by section 97 of public act 03-3 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) If any beneficiary of aid under sections 17b-118, as amended, 17b-118a, [17b-118b,] 17b-119, as amended, 17b-122, 17b-124 to 17b-132, inclusive, as amended, 17b-136 to 17b-138, inclusive, [17b-221] 17b-222 to 17b-250, inclusive, as amended, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, as amended, 17b-689, as amended, 17b-689b and 17b-743 to 17b-747, inclusive, has a cause of action, a town that provided aid to such beneficiary shall have a claim against the proceeds of such cause of action for the amount of such aid or fifty per cent of the proceeds received by such beneficiary after payment of all expenses connected with the cause of action, whichever is less, which shall have priority over all other unsecured claims and unrecorded encumbrances. Such claim shall be a lien, subordinate to any interest the state may possess under section 17b-94, against the proceeds from such cause of action, for the amount established in accordance with this section, and such lien shall have priority over all other claims except attorney's fees for such causes of action, expenses of suit, costs of hospitalization connected with the cause of action by whomever paid, over and above hospital insurance or other such benefits, and, for such period of hospitalization as was not paid for by the town, physician's fees for services during any such period as are connected with the cause of action over and above medical insurance or other such benefits. Where the state also has a claim against the proceeds of such cause of action under section 17b-94, the total amount of the claims by the state under said section and the town under this subsection shall not exceed fifty per cent of the proceeds received by the recipient after the allowable expenses and the town's claim shall be reduced accordingly. The proceeds of such causes of action shall be assignable to the town for payment of such lien irrespective of any other provision of law except section 17b-94. Upon presentation to the attorney for the beneficiary of an assignment of such proceeds executed by the beneficiary or his conservator or guardian, such assignment shall constitute an irrevocable direction to the attorney to pay the town in accordance with its terms.

(b) In the case of an inheritance of an estate by a beneficiary of aid under sections 17b-118, as amended, 17b-118a, [17b-118b,] 17b-119, as amended, 17b-122, 17b-124 to 17b-132, inclusive, as amended, 17b-136 to 17b-138, inclusive, [17b-221] 17b-222 to 17b-250, inclusive, as amended, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, as amended, 17b-689, as amended, 17b-689b and 17b-743 to 17b-747, inclusive, fifty per cent of the assets of the estate payable to the beneficiary or the amount of such assets equal to the amount of assistance paid, whichever is less, shall be assignable to the town. Where the state also has an assignment of such assets under section 17b-94, the total amount of the claims of the state under said section and the town under this subsection shall not exceed fifty per cent of the assets of the estate payable to the beneficiary and the town's assigned share shall be reduced accordingly. The Court of Probate shall accept any such assignment executed by the beneficiary and filed by the town with the court prior to the distribution of such inheritance, and to the extent of such inheritance not already distributed, the court shall order distribution in accordance therewith. If the town receives any assets of an estate pursuant to any such assignment, the town shall be subject to the same duties and liabilities concerning such assigned assets as the beneficiary.

(c) No claim shall be made, or lien applied, against any payment made pursuant to chapter 135, any payment made pursuant to section 47-88d or 47-287, any court-ordered retroactive rent abatement, including any made pursuant to subsection (e) of section 47a-14h, as amended, or section 47a-4a, 47a-5 or 47a-57, or any security deposit refund pursuant to subsection (d) of section 47a-21, as amended, paid to a beneficiary of assistance under sections 17b-118, as amended, 17b-118a, [17b-118b,] 17b-119, as amended, 17b-122, 17b-124 to 17b-132, inclusive, as amended, 17b-136 to 17b-138, inclusive, [17b-221] 17b-222 to 17b-250, inclusive, as amended, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, as amended, 17b-689, as amended, 17b-689b and 17b-743 to 17b-747, inclusive.

Sec. 52. Section 17b-250 of the general statutes, as amended by section 97 of public act 03-3 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

When any person has been transferred from the Connecticut Correctional Institution, Somers, the Connecticut Correctional Institution, Niantic, or its maximum security division, the John R. Manson Youth Institution, Cheshire, or a community correctional center to a state hospital, such person's hospital expense prior to the termination of his sentence shall be charged to the state. If any person, transferred from a correctional institution or community correction center is committed to or otherwise remains in a state hospital after the expiration of his sentence, such person's hospital expense shall be paid to the state in the manner provided for payment in sections 17b-118, as amended, 17b-118a, [17b-118b,] 17b-119, as amended, 17b-122, 17b-124 to 17b-132, inclusive, as amended, 17b-136 to 17b-138, inclusive, [17b-221] 17b-222 to 17b-250, inclusive, as amended, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, as amended, 17b-689, as amended, 17b-689b and 17b-743 to 17b-747, inclusive.

Sec. 53. Subsection (a) of section 17b-351 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) Notwithstanding the provisions of sections [17b-7,] 17b-8 or 17b-9, as amended, any nursing home participating in the Title XVIII and Title XIX programs may, on a one-time basis, increase its licensed bed capacity and implement a capital construction project to accomplish such an increase without being required to request or obtain approval of the increase in services, licensed bed capacity or the capital expenditures program from the Department of Social Services provided that the project (1) shall not require licensure by the Department of Public Health of more than ten additional nursing home beds, and (2) the total capital cost of said program shall not exceed thirty thousand dollars per bed, adjusted for inflation annually by said department.

Sec. 54. Section 18-87 of the general statutes, as amended by section 97 of public act 03-3 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

The Commissioner of Correction may transfer any inmate of any of the institutions of the Department of Correction to any other appropriate state institution with the concurrence of the superintendent of such institution or to the Department of Children and Families when the Commissioner of Correction finds that the welfare or health of the inmate requires it. When an inmate, after the expiration of his sentence, is committed to or otherwise remains in the institution to which he was transferred, the expense of his treatment and support shall be paid as provided by sections 17b-118, as amended, 17b-118a, [17b-118b,] 17b-119, as amended, 17b-122, 17b-124 to 17b-132, inclusive, as amended, 17b-136 to 17b-138, inclusive, [17b-221] 17b-222 to 17b-250, inclusive, as amended, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, as amended, 17b-689, as amended, 17b-689b, and 17b-743 to 17b-747, inclusive. No transfer of any person who has attained the age of eighteen years shall be made to the Department of Children and Families, and no transfer of any person who has not attained the age of eighteen to the Department of Children and Families shall be made unless the Commissioner of Children and Families finds that such person would benefit from a transfer to the Department of Children and Families and agrees to accept such person and such person has given his written consent to such transfer. Such person transferred to the Department of Children and Families shall be deemed to be committed to the custody of the Commissioner of Children and Families. The Commissioner of Children and Families shall have the power to terminate the commitment and release such person at any time he determines such termination and release would be in such person's best interest, and shall have the power to return such person to the jurisdiction of the Commissioner of Correction. The transfer of any person under this section to the Department of Children and Families shall not result in the person so transferred being in the custody of the Commissioner of Correction and the Commissioner of Children and Families for a total of less than the minimum nor more than the maximum term he would have been in the custody of the Commissioner of Correction had he not been so transferred.

Sec. 55. Section 19a-255 of the general statutes, as amended by section 97 of public act 03-3 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

Any resident of the state afflicted with tuberculosis in any form, who requires medical care for tuberculosis and who applies for care, shall be received: (1) In a state chronic disease hospital; (2) in a private hospital or clinic; or (3) by a physician or other health care provider without regard to the financial condition of the patient. The cost of care and treatment of such patients shall be computed in accordance with the provisions of sections 17b-118, as amended, 17b-118a, [17b-118b,] 17b-119, as amended, 17b-122, 17b-124 to 17b-132, inclusive, as amended, 17b-136 to 17b-138, inclusive, [17b-221] 17b-222 to 17b-250, inclusive, as amended, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, as amended, 17b-689, as amended, 17b-689b and 17b-743 to 17b-747, inclusive, and section 4-67c and shall be paid by the state if such cost is deemed appropriate by the Commissioner of Public Health to the treatment of tuberculosis.

Sec. 56. Subsection (f) of section 52-57 of the general statutes, as amended by section 97 of public act 03-3 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(f) When the other methods of service of process provided under this section or otherwise provided by law cannot be effected, in actions concerning the establishment, enforcement or modification of child support orders other than actions for dissolution of marriage, including, but not limited to, such actions under sections 17b-118, as amended, 17b-118a, [17b-118b,] 17b-119, as amended, 17b-122, 17b-124 to 17b-132, inclusive, as amended, 17b-136 to 17b-138, inclusive, [17b-221] 17b-222 to 17b-250, inclusive, as amended, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, as amended, 17b-689, as amended, 17b-689b, 17b-743 to 17b-747, inclusive, and 46b-212 to 46b-213v, inclusive, and chapters 815, 815p, 815t, 815y and 816, and actions to implement garnishments for support under section 52-362, as amended, service of process may be made upon a party to the action by one of the following methods, provided proof of receipt of such process by such party is presented to the court in accordance with rules promulgated by the judges of the Superior Court:

(1) By certified mail to a party to the action addressed to the employer of such party. Any service of process so sent shall include on the outside envelope the words "To be delivered to the employee in accordance with subsection (f) of section 52-57". The employer shall accept any such service of process sent by certified mail and promptly deliver such certified mail to the employee; or

(2) When a party to an action under this subsection is employed by an employer with fifteen or more employees, by personal service upon an official of the employer designated as an agent to accept service of process in actions brought under this subsection. Every employer with fifteen or more employees doing business in this state shall designate an official to accept service of process for employees who are parties to such actions. The person so served shall promptly deliver such process to the employee.

Sec. 57. Subsection (n) of section 54-56d of the general statutes, as amended by sections 17 and 97 of public act 03-3 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(n) The cost of the examination effected by the Commissioner of Mental Health and Addiction Services and of testimony of persons conducting the examination effected by the commissioner shall be paid by the Department of Mental Health and Addiction Services. The cost of the examination and testimony by physicians appointed by the court shall be paid by the Judicial Department. If the defendant is indigent, the fee of the person selected by the defendant to observe the examination and to testify on his behalf shall be paid by the Public Defender Services Commission. The expense of treating a defendant placed in the custody of the Commissioner of Mental Health and Addiction Services, the Commissioner of Children and Families or the Commissioner of Mental Retardation pursuant to subdivision (2) of subsection (h) of this section or subsection (i) of this section shall be computed and paid for in the same manner as is provided for persons committed by a probate court under the provisions of sections 17b-118, as amended, 17b-118a, [17b-118b,] 17b-119, as amended, 17b-122, 17b-124 to 17b-132, inclusive, as amended, 17b-136 to 17b-138, inclusive, [17b-221] 17b-222 to 17b-250, inclusive, as amended, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, as amended, 17b-689, as amended, 17b-689b and 17b-743 to 17b-747, inclusive.

Sec. 58. Subsection (a) of section 8-358 of the general statutes, as amended by section 97 of public act 03-3 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

[(a) If a person residing in a dwelling unit in any project receiving financial assistance pursuant to sections 8-355 to 8-359, inclusive, is a recipient of general assistance as a one person household under sections 17b-118, 17b-118a, 17b-118b, 17b-119, 17b-122, 17b-124 to 17b-132, inclusive, 17b-136 to 17b-138, inclusive, 17b-221 to 17b-250, inclusive, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, 17b-689, 17b-689b and 17b-743 to 17b-747, inclusive, the rental payment for such person's dwelling unit shall be an amount equal to the shelter component of the general assistance grant as determined by the town in accordance with regulations adopted by the Commissioner of Social Services pursuant to section 17b-78. Otherwise, the]

(a) The maximum amount which a person or family residing in a dwelling unit in a project receiving financial assistance under sections 8-355 to 8-359, inclusive, shall pay as its contribution to the total rent for the dwelling unit shall be thirty per cent of the adjusted monthly income, as defined by the commissioner pursuant to subsection (b) of this section, of the household in which the person resides or of the family, less the amount of such household's or family's utility allowance.

Sec. 59. (Effective October 1, 2004) Sections 8-206b, 17b-7, 17b-111b, 17b-118b, 17b-221 and 17b-810 of the general statutes are repealed.

Approved May 10, 2004