OLR Bill Analysis

sSB 752

AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE CONCERNING ASSESSMENT OF THE NEEDS OF AGING INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.

SUMMARY:

This bill requires the Public Health Department (DPH) to report certain results of its annual nursing home licensing survey to the Developmental Services Department (DDS) when they involve a DDS client or someone who may qualify for DDS services. If the home is not providing certain services recommended for the individual, it requires DPH to tell DDS why. And it requires DDS, if budgeted funds are available, to use its best efforts to ensure the person receives those services.

EFFECTIVE DATE: October 1, 2009

NURSING HOME SCREENING AND SERVICES FOR PEOPLE WITH MENTAL RETARDATION

Federal law requires people to be screened before they enter a nursing home to determine if they have mental retardation or serious mental illness (a level I assessment) and if so, whether they need nursing home care and specialized services, such as behavior management or day programming (a level II assessment). State law requires DPH to survey annually each nursing home for licensure purposes. During that survey, it requires DPH to compare the services recommended on a resident's level II assessment with the actual services the home is providing. The bill specifies that DPH must do this by reviewing a sample of residents with level II assessments; this conforms with the agency's practice.

The bill requires DPH to communicate the results of any comparison that pertains to a DDS client or someone who might qualify for DDS services. If the comparison shows that the home is not providing recommended services to someone with mental retardation, DPH must document for DDS the reasons why. DDS must, within its budget, use its best efforts to ensure the person receives the recommended services.

BACKGROUND

Qualifying for DDS Services

DDS serves people with mental retardation (and a limited number of adults with autism in a pilot program). In order to qualify for services, a person must, before age 18, meet two conditions: significant, subaverage intellectual functioning (an IQ of 70 or less) and deficits in the ability to perform daily activities relative to someone the same age.

Legislative History

The Senate referred this bill (File 614) to the Appropriations Committee, which reported this substitute, specifying that DPH must review a sample of residents with level II assessments.

COMMITTEE ACTION

Program Review and Investigations Committee

Joint Favorable Substitute Change of Reference

Yea

11

Nay

0

(03/05/2009)

Public Health Committee

Joint Favorable Substitute

Yea

30

Nay

0

(03/26/2009)

Appropriations Committee

Joint Favorable Substitute

Yea

51

Nay

0

(04/27/2009)