CHAPTER 319bb

SERVICES FOR THE ELDERLY

Table of Contents

Sec. 17b-420. Commission on Aging. Membership. Duties. Authority. Personnel. Agreements with state agencies.

Sec. 17b-420a. “Livable Communities” initiative. Internet portal. Report. Community recognition.

Secs. 17b-421 to 17b-423. Transferred

Sec. 17b-424. Adult foster care program.

Secs. 17b-425 to 17b-427. Transferred

Sec. 17b-427a. Medicare consumers guide.

Sec. 17b-428. Program of All-Inclusive Care for the Elderly (PACE).

Sec. 17b-429. Information on pharmaceutical drug programs for indigent persons.

Secs. 17b-430 to 17b-449. Reserved


Sec. 17b-420. Commission on Aging. Membership. Duties. Authority. Personnel. Agreements with state agencies. (a) There is established a Commission on Aging composed of twenty-one voting members.

(1) With respect to members appointed prior to October 5, 2009, upon the occurrence of a vacancy or the expiration of the term of a member, whichever occurs first, such vacancy shall be filled as follows: (A) If the Governor appointed the member, such vacancy shall be filled by a joint appointment of the president pro tempore of the Senate and the speaker of the House of Representatives; (B) if the president pro tempore of the Senate appointed the member, such vacancy shall be filled by an appointment of the president pro tempore of the Senate; (C) if the majority leader of the Senate appointed the member, such vacancy shall be filled by an appointment of the majority leader of the Senate; (D) if the minority leader of the Senate appointed the member, such vacancy shall be filled by an appointment of the minority leader of the Senate; (E) if the speaker of the House of Representatives appointed the member, such vacancy shall be filled by an appointment of the speaker of the House of Representatives; (F) if the majority leader of the House of Representatives appointed the member, such vacancy shall be filled by an appointment of the majority leader of the House of Representatives; and (G) if the minority leader of the House of Representatives appointed the member, such vacancy shall be filled by an appointment of the minority leader of the House of Representatives.

(2) On or after October 5, 2009, four additional members shall be appointed as follows: (A) The president pro tempore of the Senate shall appoint one member from the southeastern region of the state; (B) the minority leader of the Senate shall appoint one member from the southwestern region of the state; (C) the speaker of the House of Representatives shall appoint one member from the northeastern region of the state; and (D) the minority leader of the House of Representatives shall appoint one member from the northwestern region of the state. In the event of a vacancy for any member appointed pursuant to this subdivision, such vacancy shall be filled by the appointing authority and such appointed member shall be from the respective region of the state.

(3) Any member appointed on or after October 5, 2009, shall have experience in the field of issues affecting elderly persons by virtue of such person’s status as an advocate or an academic, civic or cultural leader.

(4) Any member appointed pursuant to this subsection shall serve for a term of two years from August fifteenth in the year of his or her appointment, except that the term of any member appointed pursuant to this subsection during the period from January 1, 2010, to August 14, 2010, inclusive, shall begin on the date of appointment and shall expire on August 14, 2012. The commission shall elect a chairperson and a vice-chairperson from among its members who shall each serve in such capacity for a period of two years. Any person absent from (A) three consecutive meetings of the commission, or (B) fifty per cent of such meetings during any calendar year shall be deemed to have resigned from the commission, effective immediately.

(5) Vacancies on the commission shall be filled by the appointing authority. Members of the commission shall serve without compensation but shall, within the limits of available funds, be reimbursed for expenses necessarily incurred in the performance of their duties. The commission shall meet as often as deemed necessary by the chairperson or a majority of the commission.

(b) The Commission on Aging shall:

(1) Focus its efforts on the following quality of life desired results for the elderly population of the state: (A) That all members of the elderly population of the state are healthy; (B) that all members of the elderly population are safe; (C) that all members of the elderly population of the state achieve educational fulfillment; (D) that all members of the elderly population of the state are economically self-sufficient; and (E) that all members of the elderly population of the state are free from discrimination. The commission shall meet regularly to review matters pertaining to the achievement of the desired results described in subparagraphs (A) to (E), inclusive, of this subdivision and, not later than January first, annually, shall submit a status report concerning such desired results to the joint standing committee of the General Assembly having cognizance of appropriations. The commission shall develop (i) appropriate population-level indicators of the state’s progress in achieving such desired results and (ii) strategies that are intended to improve progress on such indicators through a process that is inclusive of all relevant partners, including, but not limited to, state and local government agencies, the faith community, the business sector, nonprofit organizations, advocacy groups and philanthropic organizations;

(2) Make recommendations to the General Assembly and the Governor for new or enhanced policies, programs and services that will foster progress in achieving the desired results described in subdivision (1) of this subsection;

(3) Review and comment on any proposed state legislation or recommendations that may affect the elderly population of the state and provide copies of any such comments to members of the General Assembly;

(4) Advise the General Assembly and Governor concerning the coordination and administration of state programs that affect the elderly population of the state;

(5) Gather and maintain current information regarding the elderly population of the state that can be used to better understand the status, condition and contributions of such elderly population. Such information shall be included in the annual report described in subsection (c) of this section and shall be made available to legislators and other interested parties upon request;

(6) Maintain a liaison between the elderly population of the state and government agencies, including the General Assembly; and

(7) Conduct educational and outreach activities intended to raise awareness of critical issues for the elderly population of the state.

(c) Not later than January first, annually, in accordance with section 11-4a, the commission shall submit a report to the General Assembly that: (1) Identifies the quality of life desired results described in subdivision (1) of subsection (b) of this section, (2) displays current trend data for the indicators related to each such desired result area, (3) identifies barriers to progress on such indicators, (4) identifies strategies developed pursuant to subdivision (1) of subsection (b) of this section, and (5) describes performance measures for the commission, including measures of research, education and outreach, and partnership development.

(d) In carrying out its responsibility to make recommendations to the General Assembly and the Governor on the need for legislation, policies, programs or services to improve the quality of life for members of the elderly population of the state, the commission shall have the assistance of staff, as described in subsection (f) of this section. Any such recommendations shall be provided solely with the approval of a majority of the members of the commission. A majority of the members of the commission shall be required to approve any specific advocacy before the General Assembly or any state agency.

(e) The commission may: (1) Request, and shall receive, from any state agency such information and assistance as the commission may require; (2) use such funds as may be available from federal, state or other sources and may enter into contracts to carry out the purposes of this section; (3) utilize voluntary and uncompensated services of individuals, state or federal agencies and organizations as may, from time to time, be offered and needed; (4) recommend policies to federal agencies and political subdivisions of the state relative to the elderly population of the state; (5) accept any gift, donation or bequest for the purpose of performing the duties described in subsection (b) of this section; (6) hold public hearings; (7) establish task forces, as necessary, to perform the duties described in subsection (b) of this section; (8) adopt regulations, in accordance with chapter 54, as it may deem necessary to carry out the duties described in subsection (b) of this section; and (9) inform leaders of business, education, state and local governments and the communications media of the nature and scope of the problems faced by the elderly population of the state, with a view to enlisting such persons’ support in working toward solving such problems.

(f) There shall be an executive director of the Commission on Aging. There may be additional staff within available appropriations. The executive director and any necessary staff shall be employed by the Joint Committee on Legislative Management. The commission shall have no authority over staffing or personnel matters.

(g) The commission shall be part of the Legislative Department.

(h) The commission may enter into any agreement with a state agency for the purpose of maximizing the receipt of federal funds by such state agency, provided such state agency shall utilize any federal funds received as a result of such agreement to perform those statutory duties of such agency that relate to such commission’s duties. The commission may accept that portion of federal funds received by any such state agency as a result of any such agreement which federal law otherwise permits to be received by such commission.

(P.A. 93-262, S. 5, 87; 93-381, S. 9, 39; 93-435, S. 59, 95; P.A. 95-250, S. 1; 95-257, S. 11, 12, 21, 58; P.A. 05-77, S. 1; P.A. 07-73, S. 2(b); Sept. Sp. Sess. P.A. 09-7, S. 146; P.A. 10-1, S. 5; P.A. 11-139, S. 1; P.A. 14-182, S. 14.)

History: P.A. 93-262 effective July 1, 1993; P.A. 93-381 and P.A. 93-435 authorized substitution of commissioner and department of public health and addiction services for commissioner and department of health services and executive director of Connecticut alcohol and drug abuse commission, effective July 1, 1993; P.A. 95-250 replaced Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health and replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995 (Revisor’s note: In Subsec. (a), references to “Commissioner of Insurance” and “Commissioner of Labor” were replaced editorially by the Revisors with “Insurance Commissioner” and “Labor Commissioner” for consistency with customary statutory usage and minor changes in wording were made to accommodate the changes); P.A. 05-77 amended Subsec. (a) by increasing composition of commission from 11 to 17 voting members and increasing total number of appointments to the commission by legislative leaders from 6 to 12, by specifying that chairpersons and ranking members of aging committee and human services committee are ex-officio voting members of commission, by specifying that commission chairperson shall be elected from among commission members, by removing provision re Governor’s selection of chairperson and by removing obsolete language re initial organizational meeting, amended Subsec. (b)(3) by requiring that commission meet regularly with representatives of state agencies and eliminating requirement re meeting with commissioner and head of Division of Elderly Services of Department of Social Services, amended Subsec. (b)(4) by replacing “Division of Elderly Services of” with “State Unit on Aging within”, amended Subsec. (b) by authorizing commission to enter into contracts for purposes of section, and amended Subsec. (c) by substituting “Legislative Department” for “Department of Social Services”, effective July 1, 2005; pursuant to P.A. 07-73 “Commissioner of Mental Retardation” was changed editorially by the Revisors to “Commissioner of Developmental Services”, effective October 1, 2007; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (a) to delete provisions re purpose and initial appointees of commission, to increase number of members from 17 to 21, and to add Subdiv. (1) re filling of vacancies after expiration of terms of members appointed prior to October 5, 2009, Subdiv. (2) re appointment of 4 additional members after October 5, 2009, Subdiv. (3) re requisite experience for members appointed on or after October 5, 2009, Subdiv. (4) re term for members, selection of chairperson and vice-chairperson, and absence of members, and Subdiv. (5) re vacancies on commission, compensation and frequency of meetings, amended Subsec. (b) to replace former provisions with Subdiv. (1) re duties focusing on quality of life results, meeting regularly concerning achievement of desired results, submitting annual status report concerning desired results, developing appropriate population-level indicators of state’s progress in achieving desired results and strategies to improve progress on such indicators, Subdiv. (2) re making recommendations for new programs to achieve desired results, Subdiv. (3) re reviewing and commenting on proposed legislation, Subdiv. (4) re advising General Assembly and Governor concerning administration of certain programs, Subdiv. (5) re gathering and maintaining certain population specific information, Subdiv. (6) re maintaining a liaison between population served and government agencies, and Subdiv. (7) re conducting educational and outreach activities, added new Subsec. (c) re annual report, added new Subsec. (d) re assistance of staff, making of recommendations to and advocacy before General Assembly, added new Subsec. (e) re commission authority, redesignated existing Subsec. (c) as Subsec. (f) and amended same to delete provision re authority of commission to appoint executive director, delete “for administrative purposes only” and add provisions re staff, added Subsec. (g) re commission to be part of Legislative Department and added Subsec. (h) re authority to enter agreements with state agencies for purpose of maximizing receipt of federal funds by such agency, effective October 5, 2009; P.A. 10-1 amended Subsec. (a) to make a technical change in Subdiv. (2) and add exception to standard 2-year term of members for appointments made January 1, 2010, to August 14, 2010, in Subdiv. (4), effective February 4, 2010; P.A. 11-139 made a technical change in Subsec. (f), effective July 8, 2011; P.A. 14-182 made a technical change in Subsec. (f), effective June 12, 2014.

Sec. 17b-420a. “Livable Communities” initiative. Internet portal. Report. Community recognition. (a) For purposes of this section, (1) “livable community” means a community with affordable and appropriate housing, infrastructure, community services and transportation options for residents of all ages, and (2) “age in place” means the ability of residents to stay in their own homes or community settings of their choice regardless of age or disability.

(b) The Commission on Aging shall establish a “Livable Communities” initiative to serve as a forum for best practices and a clearinghouse for resources to help municipal and state leaders to design livable communities to allow residents of this state to age in place.

(c) The Commission on Aging shall establish and facilitate partnerships with (1) municipal leaders, (2) representatives of municipal senior and social services offices, (3) community stakeholders, (4) planning and zoning boards and commissions, (5) representatives of philanthropic organizations, and (6) representatives of social services and health organizations to (A) plan informational forums on livable communities, (B) investigate innovative approaches to livable communities nationwide, and (C) identify various public, private and philanthropic funding sources to design such communities.

(d) Not later than January 1, 2014, the Commission on Aging shall establish a single portal on its Internet web site for information and resources concerning the “Livable Communities” initiative.

(e) Not later than July 1, 2014, and annually thereafter, the Commission on Aging, in accordance with the provisions of section 11-4a, shall submit a report on the initiative to the joint standing committees of the General Assembly having cognizance of matters relating to aging, housing, human services and transportation.

(f) Not later than January 1, 2015, the Commission on Aging, as part of the livable community initiative established pursuant to this section, shall recognize communities that have implemented livable community initiatives allowing individuals to age in place and to remain in the home setting of their choice. Such initiatives shall include, but not be limited to: (1) Affordable and accessible housing, (2) community and social services, (3) planning and zoning regulations, (4) walkability, and (5) transportation-related infrastructure.

(P.A. 13-109, S. 1; P.A. 14-73, S. 1.)

History: P.A. 13-109 effective July 1, 2013; P.A. 14-73 added Subsec. (f) re recognition of communities, effective July 1, 2014.

Secs. 17b-421 to 17b-423. Transferred to Secs. 17a-304 to 17a-306, inclusive.

Sec. 17b-424. Adult foster care program. Section 17b-424 is repealed, effective July 1, 2011.

(P.A. 93-212, S. 1, 2; 93-262, S. 1, 87; 93-435, S. 59, 95; P.A. 11-44, S. 178.)

Secs. 17b-425 to 17b-427. Transferred to Secs. 17a-310, 17a-313 and 17a-314.

Sec. 17b-427a. Medicare consumers guide. Section 17b-427a is repealed, effective May 31, 2001.

(P.A. 99-177, S. 1, 2; P.A. 01-39, S. 2, 3.)

Sec. 17b-428. Program of All-Inclusive Care for the Elderly (PACE). (a) As used in this section:

(1) “Commissioner” means the Commissioner of Social Services;

(2) “Eligible individual” means “PACE program eligible individual”, as defined in Subtitle I of Public Law 105-33, as amended from time to time, or in a waiver application approved by the United States Department of Health and Human Services;

(3) “PACE program” means “PACE program”, as defined in Subtitle I of Public Law 105-33, as amended from time to time, and includes a program of all-inclusive care for the elderly;

(4) “PACE program agreement” means “PACE program agreement”, as defined in Subtitle I of Public Law 105-33, as amended from time to time;

(5) “PACE provider” means “PACE provider”, as defined in Subtitle I of Public Law 105-33, as amended from time to time;

(6) “Secretary” means the Secretary of the United States Department of Health and Human Services;

(7) “State administering agency” means “state administering agency”, as defined in Subtitle I of Public Law 105-33, as amended from time to time.

(b) Not later than July 1, 1998, the commissioner shall establish a pilot program in which PACE providers deliver PACE program services to eligible individuals in this state pursuant to a PACE program agreement. Under said program, the commissioner, in consultation with the Insurance Commissioner, may initially enter into contracts with integrated service networks which have successfully completed a feasibility study, in conjunction with a PACE technical assistance center, for the provision of PACE program services.

(c) The Department of Social Services shall be the state administering agency for the state of Connecticut responsible for administering PACE program agreements in this state. The department, upon request, shall assist the secretary in establishing procedures for entering into, extending and terminating PACE program agreements for the operation of PACE programs by PACE providers in this state.

(d) The commissioner shall provide medical assistance under this section for PACE program services to eligible individuals who are eligible for medical assistance in this state and enrolled in a PACE program under a PACE program agreement. The commissioner shall seek any waiver from federal law necessary to permit federal participation for Medicaid expenditures for PACE programs in this state.

(e) The commissioner may adopt regulations in accordance with chapter 54 to implement the provisions of this section.

(P.A. 98-198, S. 1, 4.)

History: P.A. 98-198 effective June 8, 1998.

Sec. 17b-429. Information on pharmaceutical drug programs for indigent persons. Section 17b-429 is repealed, effective July 1, 2013.

(June Sp. Sess. P.A. 01-9, S. 104, 131; P.A. 04-257, S. 34; P.A. 13-125, S. 29.)

Secs. 17b-430 to 17b-449. Reserved for future use.

Note: Chapter 319cc is also reserved for future use.