House Bill No. 8003
House Bill No. 8003
June 18 Special Session, PUBLIC ACT NO. 97-2
AN ACT CONCERNING WELFARE REFORM AND THE
EXPENDITURES OF THE DEPARTMENT OF SOCIAL SERVICES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 17b-112 of the general
statutes, as amended by section 20 of public act
97-295, is repealed and the following is
substituted in lieu thereof:
[(a) The Commissioner of Social Services shall
seek a waiver from federal law to conduct research
and demonstration programs designed to support
self-sufficiency and family unity for recipients
of aid to families with dependent children.
Elements of such program may include, but shall
not be limited to, the following: (1) Removing any
disincentives to parents or stepparents living
together or marrying; (2) providing greater
flexibility in determining which family members
receive assistance; (3) allowing a family to keep
up to three thousand dollars to pay for
emergencies and work-related expenses; (4)
increasing the permitted automobile equity value
to provide recipients with reliable transportation
to seek employment and commute to work; (5)
disregarding the earnings of dependent children
who are students for the purpose of determining
monthly cash assistance; (6) rewarding through
private donations excellence in school attendance
and performance; (7) increasing the amount of
child support a recipient may keep from fifty to
one hundred dollars per month; (8) simplifying
complex eligibility rules and better coordinating
the aid to families with dependent children
program and the food stamp program to enable
department staff to devote more time to
self-sufficiency plans for recipients; and (9) the
establishment of a program for a limited group of
voluntary recipients providing (A) a lower basic
grant; (B) time-limited participation; (C)
disqualification for any participant who commits
fraud; (D) temporary disqualification for any
participant who voluntarily leaves employment; (E)
guaranteed child support payments and increased
child support enforcement for participants who
have a court order for child support; (F)
simplification of provisions for disregarding
earned income; (G) removal of time limitations on
disregarding earned income; (H) extension of
eligibility for transitional child care; (I)
payment of food stamp benefits in cash instead of
coupons and (J) payment of bonuses to participants
who stay employed for six months or longer. The
commissioner shall implement such research and
demonstration programs as soon as reasonably
possible subsequent to receiving federal approval.
(b) For purposes of this subsection, "family"
means one or more individuals who apply for or
receive assistance together under the aid to
families with dependent children program. The
commissioner shall seek waivers from federal law
to modify the existing research and demonstration
programs authorized pursuant to subsection (a) of
this section for the purpose of creating a single
state-wide research and demonstration program
effective no earlier than January 1, 1996. Such
waivers shall include, but not be limited to, the
following provisions:
(1) To limit benefits of a family to a period
of twenty-one months. Families exempt from such
time limited benefits include, but are not limited
to: (A) A family with a needy caretaker relative
who is incapacitated or of an advanced age, as
defined by the commissioner, if there is no other
nonexempt caretaker relative in the household; (B)
a family with a needy caretaker relative who is
needed in the home because of the incapacity of
another member of the household, if there is no
other nonexempt caretaker relative in the
household; (C) a family with a caretaker relative
who is not legally responsible for the dependent
children in the household if such relative's needs
are not considered in calculating the amount of
the benefit and there is no other nonexempt
caretaker relative in the household; (D) a family
with a caretaker relative caring for a child who
is under one year of age and who was born no more
than ten months after the family's enrolment if
there is no other nonexempt caretaker relative in
the household; (E) a family with a pregnant or
postpartum caretaker relative if a physician has
indicated that such relative is unable to work and
there is no other nonexempt caretaker relative in
the household; (F) a family with a caretaker
relative determined by the commissioner to be
unemployable and there is no other nonexempt
caretaker relative in the household; and (G) minor
parents attending and satisfactorily completing
high school or high school equivalency programs;
(2) To enhance the department's ability to
provide child care benefits to current and past
recipients of the aid to families with dependent
children who are employed and extend Medicaid
eligibility for two years for a family which has
lost eligibility for aid to families with
dependent children while employed or who become
employed within six months of having lost such
eligibility;
(3) To simplify and streamline eligibility
rules and procedures in the aid to families with
dependent children program, the JOBS program,
child support, child care, Medicaid and food
stamps;
(4) To enhance the commissioner's ability to
collect child support payments, except such waiver
shall not include guaranteed child support
payments;
(5) To provide that a person subject to time
limited benefits pursuant to subdivision (1) of
this subsection receive priority consideration in
the JOBS program established in section 17b-680 in
ways which shall best facilitate such person
becoming and staying employed;
(6) To assist families in becoming
self-sufficient and reward achievement in
education by modifying treatment of income and
resources;
(7) To disregard earned income for a family
subject to time limited benefits, pursuant to
subdivision (1) of this subsection, up to the
federal poverty level and to render a family
exceeding such level ineligible for aid to
families with dependent children;
(8) To provide that a person arriving in the
state, applying for benefits from the aid to
families with dependent children program for the
first year of such person's residency, be eligible
to receive ninety per cent of the benefit level
for which he qualifies;
(9) To allow a person subject to time limited
benefits, pursuant to subdivision (1) of this
subsection, to petition the commissioner for
six-month extensions of such benefits. The
commissioner may grant such extensions to a person
who has made a good faith effort to comply with
the requirements of the aid to families with
dependent children program and despite such effort
is unable to obtain or retain employment or has
encountered circumstances including, but not
limited to, domestic violence or physical harm to
such person's children or other circumstances
beyond such person's control. Such person shall be
notified by the department of his right to
petition for such extensions. Upon the granting of
such petition, such person, in cooperation with
the department, shall develop (A) an employment
development plan designed to result in
self-sufficiency and (B) a child achievement plan,
for such person's child, designed for such person
to monitor school attendance, enroll in preschool
programs and monitor immunization;
(10) To limit the increase in benefits to a
family for an infant born after the initial ten
months of participation in the aid to families
with dependent children program to an amount equal
to fifty per cent of the average incremental
difference between the amounts paid for each
family size; and
(11) To implement a disqualification penalty
for failure to cooperate with fraud prevention
efforts developed by the department including, but
not limited to, a biometric identifier system or
photographic identification.]
(a) THE DEPARTMENT OF SOCIAL SERVICES SHALL
ADMINISTER A TEMPORARY FAMILY ASSISTANCE PROGRAM
UNDER WHICH CASH ASSISTANCE SHALL BE PROVIDED TO
ELIGIBLE FAMILIES IN ACCORDANCE WITH THE TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES PROGRAM, ESTABLISHED
PURSUANT TO THE PERSONAL RESPONSIBILITY AND WORK
OPPORTUNITY RECONCILIATION ACT OF 1996. UNDER THE
TEMPORARY FAMILY ASSISTANCE PROGRAM, BENEFITS
SHALL BE PROVIDED TO A FAMILY FOR NOT LONGER THAN
TWENTY-ONE MONTHS, EXCEPT AS PROVIDED IN
SUBSECTIONS (b) AND (c) OF THIS SECTION. FOR THE
PURPOSE OF CALCULATING SAID TWENTY-ONE-MONTH TIME
LIMIT, MONTHS OF ASSISTANCE RECEIVED ON AND AFTER
JANUARY 1, 1996, PURSUANT TO TIME LIMITS UNDER THE
AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM,
SHALL BE INCLUDED. FOR PURPOSES OF THIS SECTION,
"FAMILY" MEANS ONE OR MORE INDIVIDUALS WHO APPLY
FOR OR RECEIVE ASSISTANCE TOGETHER UNDER THE
TEMPORARY FAMILY ASSISTANCE PROGRAM.
(b) THE COMMISSIONER OF SOCIAL SERVICES SHALL
EXEMPT A FAMILY FROM SUCH TIME-LIMITED BENEFITS
FOR CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO:
(1) A FAMILY WITH A NEEDY CARETAKER RELATIVE WHO
IS INCAPACITATED OR OF AN ADVANCED AGE, AS DEFINED
BY THE COMMISSIONER, IF THERE IS NO OTHER
NONEXEMPT CARETAKER RELATIVE IN THE HOUSEHOLD; (2)
A FAMILY WITH A NEEDY CARETAKER RELATIVE WHO IS
NEEDED IN THE HOME BECAUSE OF THE INCAPACITY OF
ANOTHER MEMBER OF THE HOUSEHOLD, IF THERE IS NO
OTHER NONEXEMPT CARETAKER RELATIVE IN THE
HOUSEHOLD; (3) A FAMILY WITH A CARETAKER RELATIVE
WHO IS NOT LEGALLY RESPONSIBLE FOR THE DEPENDENT
CHILDREN IN THE HOUSEHOLD IF SUCH RELATIVE'S NEEDS
ARE NOT CONSIDERED IN CALCULATING THE AMOUNT OF
THE BENEFIT AND THERE IS NO OTHER NONEXEMPT
CARETAKER RELATIVE IN THE HOUSEHOLD; (4) A FAMILY
WITH A CARETAKER RELATIVE CARING FOR A CHILD WHO
IS UNDER ONE YEAR OF AGE AND WHO WAS BORN NOT MORE
THAN TEN MONTHS AFTER THE FAMILY'S ENROLMENT IF
THERE IS NO OTHER NONEXEMPT CARETAKER RELATIVE IN
THE HOUSEHOLD; (5) A FAMILY WITH A PREGNANT OR
POSTPARTUM CARETAKER RELATIVE IF A PHYSICIAN HAS
INDICATED THAT SUCH RELATIVE IS UNABLE TO WORK AND
THERE IS NO OTHER NONEXEMPT CARETAKER RELATIVE IN
THE HOUSEHOLD; (6) A FAMILY WITH A CARETAKER
RELATIVE DETERMINED BY THE COMMISSIONER TO BE
UNEMPLOYABLE AND THERE IS NO OTHER NONEXEMPT
CARETAKER RELATIVE IN THE HOUSEHOLD; AND (7) MINOR
PARENTS ATTENDING AND SATISFACTORILY COMPLETING
HIGH SCHOOL OR HIGH SCHOOL EQUIVALENCY PROGRAMS.
(c) A FAMILY WHO IS SUBJECT TO TIME-LIMITED
BENEFITS MAY PETITION THE COMMISSIONER OF SOCIAL
SERVICES FOR SIX-MONTH EXTENSIONS OF SUCH
BENEFITS. THE COMMISSIONER SHALL GRANT SUCH AN
EXTENSION TO A FAMILY WHO HAS MADE A GOOD-FAITH
EFFORT TO COMPLY WITH THE REQUIREMENTS OF THE
PROGRAM AND DESPITE SUCH EFFORT HAS A TOTAL FAMILY
INCOME AT A LEVEL BELOW THE PAYMENT STANDARD, OR
HAS ENCOUNTERED CIRCUMSTANCES PREVENTING
EMPLOYMENT INCLUDING, BUT NOT LIMITED TO: (1)
DOMESTIC VIOLENCE OR PHYSICAL HARM TO SUCH
FAMILY'S CHILDREN; OR (2) OTHER CIRCUMSTANCES
BEYOND SUCH FAMILY'S CONTROL. EARNED INCOME
COUNTING TOWARDS TOTAL FAMILY INCOME SHALL HAVE
NINETY DOLLARS DISREGARDED. SUCH FAMILY SHALL BE
NOTIFIED BY THE DEPARTMENT OF THE RIGHT TO
PETITION FOR SUCH EXTENSIONS.
(d) MEDICAID ELIGIBILITY SHALL BE EXTENDED FOR
TWO YEARS TO A FAMILY WHO BECOMES INELIGIBLE FOR
CASH ASSISTANCE WHILE EMPLOYED OR A FAMILY WITH AN
ADULT WHO, WITHIN SIX MONTHS OF BECOMING
INELIGIBLE, BECOMES EMPLOYED.
(e) UNDER SAID PROGRAM (1) NO FAMILY SHALL BE
ELIGIBLE WHO HAS TOTAL GROSS EARNINGS EXCEEDING
THE FEDERAL POVERTY LEVEL, HOWEVER, IN THE
CALCULATION OF THE BENEFIT AMOUNT FOR ELIGIBLE
FAMILIES, EARNED INCOME SHALL BE DISREGARDED UP TO
THE FEDERAL POVERTY LEVEL; (2) THE INCREASE IN
BENEFITS TO A FAMILY IN WHICH AN INFANT IS BORN
AFTER THE INITIAL TEN MONTHS OF PARTICIPATION IN
THE PROGRAM SHALL BE LIMITED TO AN AMOUNT EQUAL TO
FIFTY PER CENT OF THE AVERAGE INCREMENTAL
DIFFERENCE BETWEEN THE AMOUNTS PAID PER EACH
FAMILY SIZE; AND (3) A DISQUALIFICATION PENALTY
SHALL BE ESTABLISHED FOR FAILURE TO COOPERATE WITH
THE BIOMETRIC IDENTIFIER SYSTEM.
(f) A FAMILY RECEIVING ASSISTANCE UNDER SAID
PROGRAM SHALL COOPERATE WITH CHILD SUPPORT
ENFORCEMENT, UNDER TITLE IV-D OF THE SOCIAL
SECURITY ACT. A FAMILY SHALL BE INELIGIBLE FOR
BENEFITS FOR FAILURE TO COOPERATE WITH CHILD
SUPPORT ENFORCEMENT.
(g) A FAMILY LEAVING ASSISTANCE AT THE END OF
SAID TWENTY-ONE MONTH TIME LIMIT, INCLUDING A
FAMILY WITH INCOME ABOVE THE PAYMENT STANDARD,
SHALL HAVE AN INTERVIEW FOR THE PURPOSE OF BEING
INFORMED OF SERVICES THAT MAY CONTINUE TO BE
AVAILABLE TO SUCH FAMILY, INCLUDING EMPLOYMENT
SERVICES AVAILABLE THROUGH THE LABOR DEPARTMENT.
SAID INTERVIEW SHALL CONTAIN A DETERMINATION OF
BENEFITS AVAILABLE TO SAID FAMILY PROVIDED BY THE
DEPARTMENT OF SOCIAL SERVICES. SAID INTERVIEW
SHALL ALSO INCLUDE A DETERMINATION OF WHETHER SUCH
FAMILY IS ELIGIBLE FOR FOOD STAMPS OR MEDICAID.
INFORMATION AND REFERRALS SHALL BE MADE TO SUCH A
FAMILY FOR SERVICES AND BENEFITS INCLUDING, BUT
NOT LIMITED TO, THE EARNED INCOME TAX CREDIT,
RENTAL SUBSIDIES EMERGENCY HOUSING, EMPLOYMENT
SERVICES AND ENERGY ASSISTANCE.
(h) AN APPLICANT OR RECIPIENT OF TEMPORARY
FAMILY ASSISTANCE WHO IS ADVERSELY AFFECTED BY A
DECISION OF THE COMMISSIONER OF SOCIAL SERVICES
MAY REQUEST AND SHALL BE PROVIDED A HEARING IN
ACCORDANCE WITH SECTION 17b-60.
(i) THE COMMISSIONER MAY CONTINUE TO OPERATE
UNDER ALL OR PORTIONS OF THE FEDERAL WAIVERS
GRANTED UNDER SECTION 1115 OF THE SOCIAL SECURITY
ACT FOR THE DEMONSTRATION ENTITLED "REACH FOR JOBS
FIRST". NOTWITHSTANDING CONTINUATION OF THE
PROVISIONS OF SAID FEDERAL WAIVERS, THE
COMMISSIONER SHALL CONTINUE THE EVALUATION OF THE
EFFECTIVENESS OF THE TEMPORARY FAMILY ASSISTANCE
PROGRAM AND MAY CONTINUE TO UTILIZE A CONTROL
GROUP USING DIFFERENT PROGRAM REQUIREMENTS.
(j) THE COMMISSIONER SHALL REPORT, ANNUALLY ON
OR BEFORE NOVEMBER FIFTEENTH, TO THE JOINT
STANDING COMMITTEES OF THE GENERAL ASSEMBLY HAVING
COGNIZANCE OF MATTERS RELATING TO HUMAN SERVICES
AND APPROPRIATIONS AND THE BUDGETS OF STATE
AGENCIES ON THE FUNDING REQUIREMENTS NECESSARY TO
SUPPORT THE PROGRAMS FUNDED BY THE TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES BLOCK GRANT.
(k) THE COMMISSIONER OF SOCIAL SERVICES SHALL
IMPLEMENT POLICIES AND PROCEDURES NECESSARY FOR
THE PURPOSES OF THIS SECTION WHILE IN THE PROCESS
OF ADOPTING SUCH POLICIES AND PROCEDURES IN
REGULATION FORM, PROVIDED THE COMMISSIONER PRINTS
NOTICE OF INTENTION TO ADOPT THE REGULATIONS IN
THE CONNECTICUT LAW JOURNAL WITHIN TWENTY DAYS OF
IMPLEMENTING SUCH POLICIES AND PROCEDURES. FINAL
REGULATIONS SHALL BE SUBMITTED TO THE LEGISLATIVE
REGULATION REVIEW COMMITTEE NO LATER THAN NOVEMBER
15, 1997. POLICIES AND PROCEDURES IMPLEMENTED
PURSUANT TO THIS SUBSECTION SHALL BE VALID UNTIL
THE TIME FINAL REGULATIONS ARE EFFECTIVE.
Sec. 2. (NEW) (a) For purposes of sections 2
and 3 of this act:
(1) "Victim of domestic violence" means a
person who has been battered or subjected to
extreme cruelty by: (A) Physical acts that
resulted in or were threatened to result in
physical injury; (B) sexual abuse; (C) sexual
activity involving a child in the home; (D) being
forced to participate in nonconsensual sexual acts
or activities; (E) threats of or attempts at
physical or sexual abuse; (F) mental abuse; or (G)
neglect or deprivation of medical care; and
(2) "Work activity" means subsidized or
unsubsidized employment, job training, education,
work placement assistance or community service
program.
(b) For purposes of this section, allegations
of domestic violence by a victim may be sufficient
to establish domestic violence where the
Department of Social Services has no independent,
reasonable basis to find the applicant or
recipient not credible. Upon alleging domestic
violence an applicant or recipient may be required
to provide a sworn statement or to submit to the
department any evidence of such violence available
to the applicant or recipient. Evidence of
domestic violence may include, but is not limited
to: (1) Police, government agency or court
records; (2) documentation from a shelter worker,
legal, medical, clerical or other professional
from whom the applicant or recipient has sought
assistance in dealing with domestic violence; or
(3) a statement from an individual with knowledge
of the circumstances which provide the basis for
the claim of domestic violence.
(c) The Commissioner of Social Services shall
notify applicants and recipients of temporary
family assistance, who are past or present victims
of domestic violence or at risk of further
domestic violence, of the following:
(1) Referrals available to counseling and
supportive services, including, but not limited
to, shelter services, medical services, domestic
abuse hotlines, legal counseling and advocacy,
mental health care and financial assistance; and
(2) Procedures to voluntarily and
confidentially identify eligibility for referrals
to such counseling and supportive services.
(d) The Commissioner of Social Services shall
implement policies and procedures necessary to
notify such applicants and recipients of the
information specified in subsection (c) of this
section while in the process of adopting such
policies and procedures in regulation form,
provided the commissioner prints notice of
intention to adopt the regulations in the
Connecticut Law Journal within twenty days of
implementing such policies and procedures. Final
regulations shall be submitted to the legislative
regulation review committee no later than November
15, 1997. Policies and procedures implemented
pursuant to this subsection shall be valid until
the time final regulations are effective.
(e) The Commissioner of Social Services may
adopt regulations, in accordance with the
provisions of chapter 54 of the general statutes,
to establish a domestic violence training program
for employees of the Department of Social Services
and any contractors with said department who work
with applicants or recipients of temporary family
assistance.
(f) For the purpose of establishing said
training program, the commissioner may consult
with domestic violence organizations or experts.
Sec. 3. (NEW) (a) An applicant or recipient
who is a past or present victim of domestic
violence or at risk of further domestic violence,
pursuant to subsection (c) of section 2 of this
act, shall, for good cause: (1) Be excused from
failing to participate in a work activity; or (2)
be exempted from child support enforcement
requirements pursuant to subsection (f) of section
17b-112 of the general statutes, as amended by
section 1 of this act. Such an applicant or
recipient may, for good cause, be granted an
extension of cash assistance beyond twenty-one
months, provided the domestic violence experienced
is of sufficient magnitude to reasonably render
the individual unable to obtain or maintain
employment.
(b) Such standards and procedures for the
determination of good cause shall include, but not
be limited to, the following provisions:
(1) A finding of good cause for failure to
participate in a work activity shall be made if
(A) the applicant or recipient has physical
injuries caused by abuse or psychological effects
of abuse prohibiting such applicant or recipient
to work, (B) a work activity is disrupted due to
domestic violence, including civil or criminal
legal proceedings related to such domestic
violence, (C) the abuser actively interferes with
the applicant's or recipient's work activity,
attendance at work activity or child care
arrangements, or (D) a work activity location puts
the applicant or recipient at risk of further
domestic violence;
(2) The commissioner shall find good cause
whenever mandatory work activity or child support
enforcement requirements would result in the
inability or increased difficulty of an applicant
or recipient to escape or prevent domestic
violence;
(3) The finding of good cause shall not
prohibit such applicant or recipient from
voluntary participation in any work activity;
(4) A written, confidential procedure for the
transmittal of the denial of a request for a
finding of good cause to an applicant or
recipient; and
(5) Access to a fair hearing procedure if an
applicant or recipient is denied a request for a
finding of good cause.
(c) An applicant or recipient may be required
to seek an order of protection, attend counseling
or take other actions to escape or prevent
domestic violence, unless such an action would
further the risk of continued or renewed violence.
(d) The Commissioner of Social Services shall
implement policies and procedures necessary for
the determination of good cause for the purpose of
this section while in the process of adopting such
policies and procedures in regulation form,
provided the commissioner prints notice of
intention to adopt the regulations in the
Connecticut Law Journal within twenty days of
implementing such policies and procedures. Final
regulations shall be submitted to the legislative
regulation review committee no later than November
15, 1997. Policies and procedures implemented
pursuant to this subsection shall be valid until
the time final regulations are effective.
Sec. 4. Section 12-743 of the general
statutes, as amended by section 7 of public act
97-286, is repealed and the following is
substituted in lieu thereof:
(a) Any taxpayer filing a return under this
chapter may contribute any part of a refund under
this chapter to (1) the organ transplant account
established pursuant to section 17b-288, (2) the
AIDS research education account established
pursuant to section 19a-32a, (3) the endangered
species, natural area preserves and watchable
wildlife account established pursuant to section
22a-27l, [or] (4) the breast cancer research and
education account established pursuant to section
6 of [this act] PUBLIC ACT 97-286, OR (5) THE
SAFETY NET SERVICES ACCOUNT ESTABLISHED PURSUANT
TO SECTION 5 OF THIS ACT, by indicating on the tax
return, in a manner provided for by the
Commissioner of Revenue Services pursuant to
subsection (b) of this section, the amount to be
contributed to the account.
(b) The Commissioner of Revenue Services shall
revise the tax return form to implement the
provisions of subsection (a) of this section which
form shall include spaces on the return in which
taxpayers may indicate their intention to make a
contribution in accordance with this section. The
spaces shall include three boxes for each account
with suggested whole dollar amounts, with the
lowest suggested contribution being at least two
dollars, and one additional box for other whole
dollar amounts. The commissioner shall include in
the instructions accompanying the tax return a
description of the purposes for which the organ
transplant account, the AIDS research education
account, the endangered species, natural area
preserves and watchable wildlife account, [and]
the breast cancer research and education account
AND THE SAFETY NET ACCOUNT were created.
(c) A designated contribution of all or part
of any refund shall be irrevocable upon the filing
of the return and shall be made in the full amount
designated if the refund found due the taxpayer
upon the initial processing of the return, and
after any deductions required by this chapter, is
greater than or equal to the designated
contribution. If the refund due, as determined
upon initial processing, and after any deductions
required by this chapter, is less than the
designated contribution, the contribution shall be
made in the full amount of the refund. The
Commissioner of Revenue Services shall subtract
the amount of any contribution of all or part of
any refund from the amount of the refund initially
found due the taxpayer and shall certify the
difference to the Secretary of the Office of
Policy and Management and the Treasurer for
payment to the taxpayer in accordance with this
chapter. For the purposes of any subsequent
determination of the taxpayer's net tax payment,
such contribution shall be considered a part of
the refund paid to the taxpayer.
(d) The Commissioner of Revenue Services,
after notification of and approval by the
Secretary of the Office of Policy and Management,
may deduct and retain from the funds so collected
an amount equal to the costs of implementing this
section and sections 17b-288, 19a-32a, 22a-27l,
[and] section 6 of [this act] PUBLIC ACT 97-286
AND SECTION 5 OF THIS ACT but not to exceed seven
and one-half per cent of the funds contributed in
any fiscal year and in no event shall exceed the
total cost of implementation of said sections.
Sec. 5. (NEW) (a) There is established a
safety net services account which shall be a
separate, nonlapsing account within the General
Fund. Any moneys collected under the contribution
system established under section 12-743 of the
general statutes, as amended by this act, shall be
deposited by the Commissioner of Revenue Services
into the account. This account may also receive
moneys from public and private sources or from the
federal government. All moneys deposited in the
account shall be used by the Department of Social
Services or persons acting under a contract with
the department to fund services provided pursuant
to section 6 of this act. Expenditures from the
account in any fiscal year for the promotion of
the contribution system or the account shall not
exceed ten per cent of the amount of moneys raised
during the previous fiscal year, provided such
limitation shall not apply to an expenditure of
not more than fifteen thousand dollars from the
account on or before July 1, 1997, to reimburse
expenditures made on or before said date, with
prior written authorization of the Commissioner of
Social Services, by private organizations to
promote the contribution system and safety net
account.
(b) The Commissioner of Social Services shall
adopt regulations, in accordance with the
provisions of chapter 54 of the general statutes,
to provide for distribution of funds available
pursuant to this section and section 12-743 of the
general statutes, as amended by this act.
Sec. 6. (NEW) (a) The Department of Social
Services shall provide safety net services for
certain families no longer receiving benefits or
who are at risk of losing benefits under the
temporary family assistance program. Such families
include those who are not eligible for six-month
extensions of benefits due to: (1) The receipt of
two sanctions from the department during the first
twenty months of the twenty-one-month time limit
of said temporary family assistance program or (2)
the determination by the department that such a
family has not made a good-faith effort to seek
and maintain employment.
(b) Said safety net shall consist of services
provided through the existing community service
delivery network with additional resources
provided by the Department of Social Services.
Services shall be provided in-kind or through
vendor or voucher payment. Services may include
the following: (1) Food, shelter, clothing and
employment assistance; (2) eviction prevention;
(3) intensive case management; (4) continuous
monitoring for child abuse or neglect; and (5) for
families at risk of losing benefits under the
temporary family assistance program, individual
performance contracts requiring job training, job
searching, volunteer work, participation in
parenting programs or counseling or any other
requirements deemed necessary by the Commissioner
of Social Services.
(c) Families successfully meeting the program
requirements established by the individual
performance contracts in subdivision (5) of
subsection (b) of this section prior to the end of
the twenty-one-month time limit shall be
considered to have made a good-faith effort to
comply with the requirements of the program for
the purposes of qualifying for a six-month
extension, provided they have made a good-faith
effort to comply with the individual performance
contract or have not incurred a sanction
subsequent to completing the individual
performance contract.
(d) The Commissioner of Social Services shall
implement policies and procedures necessary for
the purposes of this section while in the process
of adopting such policies and procedures in
regulation form, provided the commissioner prints
notice of intention to adopt the regulations in
the Connecticut Law Journal within twenty days of
implementing such policies and procedures. Final
regulations shall be submitted to the legislative
regulation review committee no later than November
15, 1997. Policies and procedures implemented
pursuant to this subsection shall be valid until
the time final regulations are effective.
Sec. 7. Section 4-71c of the general statutes
is repealed and the following is substituted in
lieu thereof:
The Secretary of the Office of Policy and
Management shall annually compute the cost of an
increase in assistance payments under [sections
17b-19, 17b-22, 17b-63 to 17b-65, inclusive,
17b-75 to 17b-77, inclusive, 17b-79 to 17b-103,
inclusive, 17b-114 to 17b-138, inclusive, 17b-180
to 17b-183, inclusive, 17b-220 to 17b-250,
inclusive, 17b-256, 17b-259 to 17b-287, inclusive,
17b-340 to 17b-350, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-689
to 17b-693, inclusive, 17b-743 to 17b-747,
inclusive, 17b-807 and 17b-808] THE 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. 8. Section 4a-15 of the general statutes
is repealed and the following is substituted in
lieu thereof:
The estate administrator may act as guardian,
conservator, administrator or trustee, or in any
other fiduciary capacity under the jurisdiction
and appointment of the probate courts of this
state or like courts of any other state or of the
United States, or any instrumentality of any other
state or of the United States qualified to appoint
fiduciaries, only in connection with property of
any minor, incapable, incompetent or deceased
person who is or has been receiving financial aid
from the state. In the case of any person
receiving public or medical assistance [in
accordance with the provisions of sections 17b-22,
17b-75 to 17b-77, inclusive, 17b-79 to 17b-103,
inclusive, 17b-114, 17b-180 to 17b-183, inclusive,
17b-260 to 17b-262, inclusive, 17b-264 to 17b-285,
inclusive, 17b-357 to 17b-362, inclusive, 17b-600
to 17b-604, inclusive, 17b-807 and 17b-808] FROM
THE STATE, the estate administrator shall apply
toward the cost of care of such person any assets
exceeding limits on assets set by statute or
regulations adopted by the Commissioner of Social
Services. The estate administrator shall have the
same rights and powers and be subject to the same
duties and obligations as are possessed by and
imposed upon guardians, conservators,
administrators and other fiduciaries, and such
courts or instrumentalities are authorized to
appoint the estate administrator, trustee or other
fiduciary in connection with property of any such
minor, incapable, incompetent or deceased person.
The authority of the estate administrator to act
and of the court or instrumentality to appoint
such estate administrator shall be limited to
cases in which the estate consists of personal
property only, and the amount of personal property
involved, or the annual income other than state
benefits, does not exceed ten thousand dollars in
value. The estate administrator shall be excused
from giving any bond in any court proceeding, and
shall not be allowed a fee for services.
Sec. 9. Subsection (a) of section 7-545 of the
general statutes, as amended by section 4 of
public act 97-274, is repealed and the following
is substituted in lieu thereof:
(a) As used in this section and section 7-546,
as amended by section 5 of [this act] PUBLIC ACT
97-274:
(1) "Secretary" means the Secretary of the
Office of Policy and Management;
(2) "Municipality" means any town,
consolidated town and city or consolidated town
and borough;
(3) "Per capita income" and "population" for
each town means that enumerated in the most recent
federal decennial census of population or that
enumerated in the current population report series
issued by the United States Department of
Commerce, Bureau of the Census, whichever is more
recent and available on January first of the
fiscal year three years prior to the fiscal year
in which payment is to be made pursuant to this
section;
(4) "Adjusted equalized net grand list per
capita" means the most recent adjusted equalized
net grand list per capita determined for each town
pursuant to section 10-261;
(5) "Equalized mill rate" means the tax rate
derived from the most recent available grand levy
of a town divided by the equalized net grand list
on which such levy is based as determined by the
secretary in accordance with section 10-261a;
(6) ["Per capita aid to families with
dependent children"] "PER CAPITA TEMPORARY FAMILY
ASSISTANCE" means the number obtained by adding
together the unduplicated aggregate number of
children eligible to receive benefits by town
under the [aid to dependent children program
pursuant to sections 17b-22, 17b-180 to 17b-183,
inclusive, 17b-807 and 17b-808] TEMPORARY FAMILY
ASSISTANCE PROGRAM in October and May of each
fiscal year, and dividing by two, such number to
be certified and submitted annually, no later than
the first day of July of the succeeding fiscal
year, to the secretary by the Commissioner of
Social Services. Such number shall be expressed as
a percentage of the population of a town;
(7) "Unemployment rate" means the average
unemployment rate of a town as reported by the
Labor Commissioner on the first day of July for
the latest available twelve-month period;
(8) "Eligibility index" is a measure of local
burden determined by calculating a town's
disparity in relation to all municipalities.
Points shall be allocated for each of the
following factors: (A) Per capita income, (B)
adjusted equalized net grand list per capita, (C)
equalized mill rate, (D) per capita [aid to
families with dependent children] TEMPORARY FAMILY
ASSISTANCE, and (E) unemployment rate. For each
factor the variance shall be the difference
between the first percentile and the one-hundredth
percentile town factors. In calculating the
eligibility index for unemployment rate, per
capita [aid to families with dependent children]
TEMPORARY FAMILY ASSISTANCE and equalized mill
rate, the factor for the first percentile town
shall be subtracted from the factor for the town
and the result divided by the variance and
multiplied by one hundred. In calculating the
eligibility index for per capita income and
adjusted equalized net grand list per capita, the
factor for the first percentile town shall be
subtracted from the factor for the town and the
result shall be divided by the variance and
multiplied by one hundred. The product of such
multiplication shall then be subtracted from one
hundred. The index points for all factors shall be
totalled by town resulting in the overall
eligibility index. The eligibility index listing
shall be ranked for all towns from highest to
lowest points according to need;
(9) "Public investment communities" are
municipalities requiring financial assistance to
offset their service burdens with eligibility
defined as one which is in the top quartile of the
"eligibility index" scale;
(10) "Grand levy" means the mill rate of the
town multiplied by the net taxable grand list of
the town and includes the value of special service
districts if such districts contain fifty per cent
or more of the value of total taxable property
within the town.
Sec. 10. Subsection (a) of section 8-206b of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The Commissioner of Social Services shall
administer an emergency fuel assistance program on
behalf of low-income families who are not
beneficiaries of the [aid to families with
dependent children, aid to families with dependent
children-unemployed fathers] TEMPORARY FAMILY
ASSISTANCE or the general assistance programs. The
commissioner shall adopt regulations in accordance
with the provisions of chapter 54 concerning the
distribution of funds appropriated to the
Department of Social Services for such program.
The regulations shall incorporate the following
provisions: (1) Only households with incomes no
higher than one hundred twenty-five per cent of
the federal Community Services Administration
poverty guidelines for nonfarm recipients shall be
eligible for participation in the program,
provided households with incomes no higher than
one hundred seventy-five per cent of such
guidelines shall be eligible for participation in
the program if any member residing in such
household is sixty-two years of age or over or
physically disabled, as defined in section 1-1f;
and (2) such assistance to eligible families shall
not exceed one hundred dollars per family during
the fiscal year ending June 30, 1979, and shall be
subject to the availability of funds appropriated
for such purposes. Participation in the program by
households with incomes higher than one hundred
twenty-five per cent of such guidelines but no
higher than one hundred seventy-five per cent of
such guidelines shall not preclude participation
by such households in any other assistance
program.
Sec. 11. Section 9-23j of the general statutes
is repealed and the following is substituted in
lieu thereof:
As used in sections 9-7b and 9-12, subsection
(a) of section 9-17, sections 9-19b, 9-19e, 9-19g,
9-19h, 9-19i, 9-20, 9-21, 9-23a, 9-23g, 9-23h,
9-23k to 9-23o, inclusive, 9-26, 9-31a, 9-32,
9-35, 9-35b, 9-35c, 9-40a, 9-42, 9-43, 9-50a, 9-56
and 9-59, "public assistance offices" means
offices of state agencies that administer or
provide services under the food stamp, Medicaid,
Women, Infants and Children, and [Aid to Families
with Dependent Children] TEMPORARY FAMILY
ASSISTANCE programs.
Sec. 12. Subsection (b) of section 10-217a of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) Any town or regional school district
providing such services for children attending
such private schools shall be reimbursed by the
state for a percentage of the amount paid from
local tax revenues for such services as follows:
(1) The percentage of the amount paid from
local tax revenues for such services reimbursed to
a local board of education shall be determined by
(A) ranking each town in the state in descending
order from one to one hundred sixty-nine according
to such town's adjusted equalized net grand list
per capita, as defined in section 10-261; (B)
based upon such ranking, (i) for reimbursement
paid in the fiscal year ending June 30, 1990, a
percentage of not less than forty-five nor more
than ninety shall be determined for each town on a
continuous scale, except that for any town in
which the number of children under the [aid to
dependent children] TEMPORARY FAMILY ASSISTANCE
program, as defined in subdivision [(14)] (17) of
section 10-262f, AS AMENDED BY THIS ACT, is
greater than one per cent of the total population
of the town, as defined in subdivision (7) of
subsection (a) of section 10-261, the percentage
shall be not less than eighty and (ii) for
reimbursement paid in the fiscal year ending June
30, 1991, and each fiscal year thereafter, a
percentage of not less than ten nor more than
ninety shall be determined for each town on a
continuous scale, except that for any town in
which the number of children under the [aid to
dependent children] TEMPORARY FAMILY ASSISTANCE
program, as defined in SAID subdivision [(14)]
(17) of section 10-262f, is greater than one per
cent of the total population of the town, as
defined in subdivision (7) of subsection (a) of
section 10-261, and for any town which has a
wealth rank greater than thirty when towns are
ranked pursuant to subparagraph [(a)] (A) of this
subdivision and which provides such services to
greater than one thousand five hundred children
who are not residents of the town, the percentage
shall be not less than eighty.
(2) The percentage of the amount paid from
local tax revenues for such services reimbursed to
a regional board of education shall be determined
by its ranking. Such ranking shall be determined
by (A) multiplying the total population, as
defined in section 10-261, of each town in the
district by such town's ranking, as determined in
subdivision (1) of this subsection, (B) adding
together the figures determined under SUBPARAGRAPH
(A) OF THIS SUBDIVISION, and (C) dividing the
total computed under SUBPARAGRAPH (B) OF THIS
SUBDIVISION by the total population of all towns
in the district. The ranking of each regional
board of education shall be rounded to the next
higher whole number and each such board shall
receive the same reimbursement percentage as would
a town with the same rank.
Sec. 13. Section 10-262f of the general
statutes, as amended by section 24 of public act
97-290 and section 1 of public act 97-318, is
repealed and the following is substituted in lieu
thereof:
Whenever used in this section and sections
10-262g to 10-262j, inclusive, as amended by [this
act] PUBLIC ACT 97-318:
(1) "Adjusted equalized net grand list" means
the equalized net grand list of a town multiplied
by its income adjustment factor.
(2) "Base aid ratio" means one minus the ratio
of a town's wealth to the state guaranteed wealth
level, provided no town's aid ratio shall be less
than zero.
(3) "Income adjustment factor" means the
average of a town's per capita income divided by
the per capita income of the town with the highest
per capita income in the state and a town's median
household income divided by the median household
income of the town with the highest median
household income in the state.
(4) "Median household income" for each town
means that enumerated in the most recent federal
decennial census of population or that enumerated
in the current population report series issued by
the United States Department of Commerce, Bureau
of the Census, whichever is more recent and
available on January first of the fiscal year two
years prior to the fiscal year in which payment is
to be made pursuant to section 10-262i.
(5) "Supplemental aid factor" means for each
town the average of its percentage of children
eligible under the [aid to families with dependent
children] TEMPORARY FAMILY ASSISTANCE program and
its grant mastery percentage.
(6) "Percentage of children eligible under the
[aid to families with dependent children]
TEMPORARY FAMILY ASSISTANCE program" means the
town's number of children under the [aid to
families with dependent children] TEMPORARY FAMILY
ASSISTANCE program divided by the number of
children age five to seventeen, inclusive, in the
town.
(7) "Average mastery percentage" means for
each school year the average of the three most
recent mastery percentages available on December
first of the school year.
(8) "Equalized net grand list", for purposes
of calculating the amount of grant to which any
town is entitled in accordance with section
10-262h, as amended by section 2 of [this act]
PUBLIC ACT 97-318, means the average of the net
grand lists of the town upon which taxes were
levied for the general expenses of the town two,
three and four years prior to the fiscal year in
which such grant is to be paid, provided such net
grand lists are equalized in accordance with
section 10-261a.
(9) "Foundation" means (A) for the fiscal year
ending June 30, 1990, three thousand nine hundred
eighteen dollars, (B) for the fiscal year ending
June 30, 1991, four thousand one hundred
ninety-two dollars, (C) for the fiscal year ending
June 30, 1992, four thousand four hundred
eighty-six dollars, (D) for the fiscal years
ending June 30, 1993, June 30, 1994, and June 30,
1995, four thousand eight hundred dollars and (E)
for the fiscal years ending June 30, 1996, June
30, 1997, June 30, 1998, and June 30, 1999, five
thousand seven hundred eleven dollars.
(10) "Number of children age five to
seventeen, inclusive" means that enumerated in the
most recent federal decennial census of population
or enumerated in the current population report
series issued by the United States Department of
Commerce, Bureau of the Census, whichever is more
recent and available on January first of the
fiscal year two years prior to the fiscal year in
which payment is to be made pursuant to section
10-262i.
(11) "Supplemental aid ratio" means .04 times
the supplemental aid factor of a town divided by
the highest supplemental aid factor when all towns
are ranked from low to high, provided any town
whose percentage of children eligible under the
[aid to families with dependent children]
TEMPORARY FAMILY ASSISTANCE program exceeds
twenty-five shall have a supplemental aid ratio of
(12) "Grant mastery percentage" means (A) for
the school year ending June 30, 1989, average
mastery percentage and (B) for the school years
ending June 30, 1990, through the school year
ending June 30, 1995, the average mastery
percentage plus the mastery improvement bonus, and
(C) for each school year thereafter, the average
mastery percentage.
(13) "Mastery count" of a town means for each
school year the grant mastery percentage of the
town multiplied by the number of resident
students.
(14) "Mastery improvement bonus" means for
each school year through the school year ending
June 30, 1995, seventy-five per cent of the
difference between (A) the grant mastery
percentage for the previous school year and (B)
the average mastery percentage for the school
year, but not less than zero.
(15) "Mastery percentage" of a town for any
examination year means, using the mastery test
data of record for the examination year, the
number obtained by dividing (A) the total number
of valid tests with scores below the state-wide
standard for remedial assistance as determined by
the Department of Education in each subject of the
examinations pursuant to subsections (a) and (b)
of section 10-14n taken by resident students, by
(B) the total number of such valid tests taken by
such students.
(16) "Mastery test data of record" for any
examination year means the data of record on the
April thirtieth subsequent to the administration
of the examinations pursuant to subsections (a)
and (b) of section 10-14n, except that for the
examination years prior to July 1, 1988, the date
of the data of record shall be April 30, 1988, and
provided beginning with the administration of such
examinations during the 1988-1989 school year, and
for each such administration thereafter, school
districts may, not later than the March first
following the administration of an examination,
file a request with the state Department of
Education for an adjustment of the mastery test
data from such examination.
(17) "Number of children under the [aid to
families with dependent children] TEMPORARY FAMILY
ASSISTANCE program" means the number obtained by
adding together the unduplicated aggregate number
of children five to eighteen years of age eligible
to receive benefits under the [aid to families
with dependent children program pursuant to
sections 17b-22, 17b-180 to 17b-183, inclusive,
17b-807 and 17b-808] TEMPORARY FAMILY ASSISTANCE
PROGRAM in October and May of each fiscal year,
and dividing by two, such number to be certified
and submitted annually, no later than the first
day of July of the succeeding fiscal year, to the
Commissioner of Education by the Commissioner of
Social Services.
(18) "Per capita income" for each town means
that enumerated in the most recent federal
decennial census of population or that enumerated
in the current population report series issued by
the United States Department of Commerce, Bureau
of the Census, whichever is more recent and
available on January first of the fiscal year two
years prior to the fiscal year in which payment is
to be made pursuant to section 10-262i.
(19) "Regional bonus" means, for any town
which is a member of a regional school district
and has students who attend such regional school
district, an amount equal to twenty-five dollars
for each such student enrolled in the regional
school district on October first or the full
school day immediately preceding such date for the
school year prior to the fiscal year in which the
grant is to be paid multiplied by the ratio of the
number of grades, kindergarten to grade twelve,
inclusive, in the regional school district to
thirteen.
(20) "Regular program expenditures" means (A)
total current educational expenditures less (B)
expenditures for (i) special education programs
pursuant to subsection (h) of section 10-76f, (ii)
pupil transportation eligible for reimbursement
pursuant to section 10-266m, (iii) land and
capital building expenditures, and equipment
otherwise supported by a state grant pursuant to
chapter 173, including debt service, provided,
with respect to debt service, the principal amount
of any debt incurred to pay an expense otherwise
includable in regular program expenditures may be
included as part of regular program expenditures
in annual instalments in accordance with a
schedule approved by the state Department of
Education based upon substantially equal principal
payments over the life of the debt, (iv) health
services for nonpublic school children, (v) adult
education, (C) expenditures directly attributable
to (i) state grants received by or on behalf of
school districts except grants for the categories
of expenditures listed in subparagraphs (B)(i) to
(B)(v), inclusive, of this subdivision and except
grants received pursuant to section 10-262i and
section 10-262c of the general statutes, revision
of 1958, revised to January 1, 1987, and except
grants received pursuant to chapter 173, (ii)
federal grants received by or on behalf of school
districts except for adult education and federal
impact aid and (iii) receipts from the operation
of child nutrition services and student activities
services, (D) expenditures of funds from private
and other sources and (E) tuition received on
account of nonresident students. The town of
Woodstock may include as part of the current
expenses of its public schools for each school
year the amount expended for current expenses in
that year by Woodstock Academy from income from
its endowment funds upon receipt from said academy
of a certified statement of such current expenses.
The town of Winchester may include as part of the
current expenses of its public school for each
school year the amount expended for current
expenses in that year by the Gilbert School from
income from its endowment funds upon receipt from
said school of a certified statement of such
current expenses.
(21) "Regular program expenditures per need
student" means, in any year, the regular program
expenditures of a town for such year divided by
the number of total need students in the town for
such school year, provided for towns which are
members of a kindergarten to grade twelve,
inclusive, regional school district and for such
regional school district, "regular program
expenditures per need student" means, in any year,
the regular program expenditures of such regional
school district divided by the sum of the number
of total need students in all such member towns.
(22) "Resident students" means the number of
pupils of the town enrolled in public schools at
the expense of the town on October first or the
full school day immediately preceding such date,
provided the number shall be decreased by the
Department of Education for failure to comply with
the provisions of section 10-16 and shall be
increased by one-one-hundred-eightieth for each
full-time equivalent school day in the school year
immediately preceding such date of at least five
hours of actual school work in excess of one
hundred eighty days and nine hundred hours of
actual school work and be increased by the
full-time equivalent number of such pupils
attending the summer sessions immediately
preceding such date at the expense of the town;
"enrolled" shall include pupils who are scheduled
for vacation on the above date and who are
expected to return to school as scheduled. Pupils
enrolled in an approved program described in
section 10-266j shall be counted in accordance
with the provisions of subdivision (3) of
subsection (c) of said section. Pupils
participating in the program established pursuant
to section 3 of [this act] PUBLIC ACT 97-290 shall
be counted in accordance with the provisions of
subsection (g) of section 3 of [this act] PUBLIC
ACT 97-290.
(23) "Schools" means nursery schools,
kindergarten and grades one to twelve, inclusive.
(24) "State guaranteed wealth level" means (A)
for the fiscal year ending June 30, 1990, 1.8335
times the town wealth of the town with the median
wealth as calculated using the data of record on
December first of the fiscal year prior to the
year in which the grant is to be paid pursuant to
section 10-262i, and (B) for the fiscal years
ending June 30, 1991, and 1992, 1.6651 times the
town wealth of the town with such median wealth,
and (C) for the fiscal years ending June 30, 1993,
June 30, 1994, and June 30, 1995, 1.5361 times the
town wealth of the town with the median wealth,
and (D) for the fiscal year ending June 30, 1996,
and each fiscal year thereafter, 1.55 times the
town wealth of the town with the median wealth.
(25) "Total need students" means the sum of
(A) the number of resident students of the town
for the school year, (B) one-quarter the number of
children under the [aid to families with dependent
children] TEMPORARY FAMILY ASSISTANCE program for
the prior fiscal year, (C) one-quarter of the
mastery count for the school year and (D) ten per
cent of the number of eligible children, as
defined in subdivision (1) of section 10-17e, for
whom the board of education is not required to
provide a program pursuant to section 10-17f.
(26) "Town wealth" means the average of a
town's adjusted equalized net grand list divided
by its total need students for the fiscal year
prior to the year in which the grant is to be paid
and its adjusted equalized net grand list divided
by its population.
(27) "Population" of a town means that
enumerated in the most recent federal decennial
census of population or that enumerated in the
current population report series issued by the
United States Department of Commerce, Bureau of
the Census available on January first of the
fiscal year two years prior to the fiscal year in
which a grant is to be paid, whichever is most
recent; except that any town whose enumerated
population residing in state and federal
institutions within such town and attributed to
such town by the census exceeds forty per cent of
such "population" shall have its population
adjusted as follows: Persons who are incarcerated
or in custodial situations, including, but not
limited to jails, prisons, hospitals or training
schools or persons who reside in dormitory
facilities in schools, colleges, universities or
on military bases shall not be counted in the
"population" of a town.
(28) "Base revenue" for the fiscal year ending
June 30, 1995, means the sum of the grant
entitlements for the fiscal year ending June 30,
1995, of a town pursuant to section 10-262h, as
amended by section 2 of [this act] PUBLIC ACT
97-318, and subsection (a) of section 10-76g,
including its proportional share, based on
enrolment, of the revenue paid pursuant to section
10-76g, to the regional district of which the town
is a member, and for each fiscal year thereafter
means the amount of each town's entitlement
pursuant to section 10-262h minus its density
supplement, as determined pursuant to subdivision
(6) of subsection (a) of section 10-262h.
(29) "Density" means the population of a town
divided by the square miles of a town.
(30) "Density aid ratio" means the product of
(A) the density of a town divided by the density
of the town in the state with the highest density
and (B) .006273.
(31) "Mastery goal improvement count" means
the product of (A) the difference between the
percentage of state-wide mastery examination
scores, pursuant to subsections (a) and (b) of
section 10-14n, at or above the mastery goal level
for the most recently completed school year and
the percentage of such scores for the prior school
year and (B) the resident students of the town, or
zero, whichever is greater.
Sec. 14. Subsection (a) of section 10-266p of
the general statutes, as amended by section 6 of
public act 97-318, is repealed and the following
is substituted in lieu thereof:
(a) The State Board of Education shall
administer a priority school district grant
program to assist certain school districts to
improve student achievement and enhance
educational opportunities. The grant program shall
be for school districts in (1) the eight towns in
the state with the largest population, based on
the most recent federal decennial census, (2)
towns which rank for the first fiscal year of each
biennium from one to eleven when all towns are
ranked in descending order from one to one hundred
sixty-nine based on the number of children under
the [aid to families with dependent children]
TEMPORARY FAMILY ASSISTANCE program as defined in
subdivision [(14)] (17) of section 10-262f, as
amended by section 1 of [this act] PUBLIC ACT
97-318 AND THIS ACT, plus the mastery count of the
town as defined in subdivision (9) of said section
and (3) towns which rank for the first fiscal year
of each biennium one to eleven when all towns are
ranked in descending order from one to one hundred
sixty-nine based on the ratio of the number of
children under the [aid to families with dependent
children] TEMPORARY FAMILY ASSISTANCE program as
so defined to the resident students of such town
as defined in subdivision (19) of said section
plus the grant mastery percentage of the town as
defined in subdivision (8) of said section. The
State Board of Education shall utilize the
categorical grant program established under this
section and sections 10-266q, as amended by
section 7 of [this act] PUBLIC ACT 97-318, and
10-266r and other educational resources of the
state to work cooperatively with such school
districts during any school year to improve their
educational programs or to provide early childhood
education or early reading intervention programs.
The State Board of Education shall allocate one
million dollars to each of the eight towns
described in subdivision (1) of this subsection
and five hundred thousand dollars to each of the
towns described in subdivisions (2) and (3) of
this subsection, except the towns described in
subdivision (1) shall not receive any additional
allocation if they are also described in
subdivision (2) or (3).
Sec. 15. Subsection (s) of section 12-574 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(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 [section 17b-19,
17b-22, 17b-63 to 17b-65, inclusive, 17b-75 to
17b-77, inclusive, 17b-79 to 17b-103, inclusive,
17b-114 to 17b-138, inclusive, 17b-180 to 17b-183,
inclusive, 17b-220 to 17b-250, inclusive, 17b-256,
17b-259 to 17b-287, inclusive, 17b-340 to 17b-350,
inclusive, 17b-357 to 17b-362, inclusive, 17b-600
to 17b-604, inclusive, 17b-689 to 17b-693,
inclusive, 17b-743 to 17b-747, inclusive, 17b-807
or 17b-808] THE 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. 16. Section 12-635 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Commissioner of Revenue Services shall
grant a credit against any tax due under the
provisions of chapter 207, 208, 209, 210, 211 or
212 in an amount not to exceed sixty per cent of
the total cash amount invested during the taxable
year by the business firm in programs operated or
created pursuant to proposals approved pursuant to
section 12-632 for energy conservation projects
directed toward properties occupied by persons, at
least seventy-five per cent of whom are at an
income level not exceeding one hundred fifty per
cent of the poverty level for the year next
preceding the year during which such tax credit is
to be granted, or at properties occupied by
charitable corporations, foundations, trusts or
other entities as determined under regulations
adopted pursuant to this chapter; in employment
and training programs directed at youth, at least
seventy-five per cent of whom are at an income
level not exceeding one hundred fifty per cent of
the poverty level for the year next preceding the
year during which such tax credit is to be
granted; in employment and training programs
directed at handicapped persons as determined
under regulations adopted pursuant to this
chapter; in employment and training programs for
unemployed workers who are fifty years of age or
older; in education and employment training
programs for recipients in the [aid to families
with dependent children] TEMPORARY FAMILY
ASSISTANCE program; or in child care services. Any
other program which serves persons at least
seventy-five per cent of whom are at an income
level not exceeding one hundred fifty per cent of
the poverty level for the year next preceding the
year during which such tax credit is to be granted
and which meets the standards for eligibility
under this chapter shall be eligible for tax
credit under this section.
Sec. 17. Section 16a-41h of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Each electric and gas company, as defined
in section 16-1, 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 [under sections 17b-22, 17b-75 to
17b-77, inclusive, 17b-79 to 17b-103, inclusive,
17b-114, 17b-180 to 17b-183, inclusive, 17b-260 to
17b-262, inclusive, 17b-264 to 17b-285, inclusive,
17b-357 to 17b-362, inclusive, 17b-600 to 17b-604,
inclusive, 17b-807 and 17b-808 or general
assistance under sections 17b-19, 17b-63 to
17b-65, inclusive, 17b-115 to 17b-138, inclusive,
17b-220 to 17b-250, inclusive, 17b-256, 17b-259,
17b-263, 17b-287, 17b-340 to 17b-350, inclusive,
17b-689 to 17b-693, inclusive, and 17b-743 to
17b-747, inclusive,] OR 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
[under sections 17b-22, 17b-75 to 17b-77,
inclusive, 17b-79 to 17b-103, inclusive, 17b-114,
17b-180 to 17b-183, inclusive, 17b-260 to 17b-262,
inclusive, 17b-264 to 17b-285, inclusive, 17b-357
to 17b-362, inclusive, 17b-600 to 17b-604,
inclusive, 17b-807 and 17b-808 or general
assistance under sections 17b-19, 17b-63 to
17b-65, inclusive, 17b-115 to 17b-138, inclusive,
17b-220 to 17b-250, inclusive, 17b-256, 17b-259,
17b-263, 17b-287, 17b-340 to 17b-350, inclusive,
17b-689 to 17b-693, inclusive, and 17b-743 to
17b-747, inclusive,] OR GENERAL ASSISTANCE but who
are faced with a financial crisis and are unable
to make timely payments on winter fuel,
electricity or gas bills.
(c) Not later than the first of September
annually, Operation Fuel, Inc. shall submit to the
General Assembly a report on the implementation of
this section. Such report shall include, (1) a
summary of the effectiveness of the program, (2)
the total amount of the donations received by
electric and gas companies and transmitted to
Operation Fuel, Inc. under subsection (b) of this
section, and (3) an accounting of the distribution
of such funds by Operation Fuel, Inc. indicating
the organizations and agencies receiving funds,
the amounts received and distributed by each such
organization and agency and the number of
households each assisted. On and after October 1,
1996, the report shall be submitted to the joint
standing committee of the General Assembly having
cognizance of matters relating to energy and, upon
request, to any member of the General Assembly. A
summary of the report shall be submitted to each
member of the General Assembly if the summary is
two pages or less and a notification of the report
shall be submitted to each member if the summary
is more than two pages. Submission shall be by
mailing the report, summary or notification to the
legislative address of each member of the
committee or the General Assembly, as applicable.
Sec. 18. Subsection (b) of section 16a-44b of
the general statutes is repealed and the following
is substituted in lieu thereof:
(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,
and "average number of monthly paid maintenance
cases" means the monthly number of recipients of
[aid to families with dependent children, aid to
families with dependent children-unemployed
fathers] TEMPORARY FAMILY ASSISTANCE, 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. 19. Section 17b-2 of the general statutes
is repealed and the following is substituted in
lieu thereof:
The Department of Social Services is
designated as the state agency for the
administration of (1) the child care development
block grant pursuant to the Child Care and
Development Block Grant Act of 1990; (2) the
Connecticut energy assistance program pursuant to
the Low Income Home Energy Assistance Act of 1981;
(3) programs for the elderly pursuant to the Older
Americans Act; (4) the state plan for vocational
rehabilitation services for the fiscal year ending
June 30, 1994; (5) the refugee assistance program
pursuant to the Refugee Act of 1980; (6) the
legalization impact assistance grant program
pursuant to the Immigration Reform and Control Act
of 1986; (7) the [aid to families with dependent
children program pursuant to Title IV-A of the
Social Security Act; (8) the JOBS program pursuant
to Title IV-F of the Social Security Act; (9)]
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM
PURSUANT TO THE PERSONAL RESPONSIBILITY AND WORK
OPPORTUNITY RECONCILIATION ACT OF 1996; (8) the
Medicaid program pursuant to Title XIX of the
Social Security Act; [(10)] (9) the food stamp
program pursuant to the Food Stamp Act of 1977;
[(11)] (10) the state supplement to the
Supplemental Security Income Program pursuant to
the Social Security Act; [(12)] (11) the state
child support enforcement plan pursuant to Title
IV-D of the Social Security Act; and [(13)] (12)
the state social services plan for the
implementation of the social services block grants
and community services block grants pursuant to
the Social Security Act. The Department of Social
Services is designated a public housing agency for
the purpose of administering the Section 8
existing certificate program and the housing
voucher program pursuant to the Housing Act of
1937.
Sec. 20. Section 17b-7a of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Commissioner of Social Services shall
develop a state-wide fraud early detection system.
The purpose of such system shall be to identify,
investigate and determine if an application for
assistance under (1) the [aid to families with
dependent children] TEMPORARY FAMILY ASSISTANCE
program, (2) the food stamp program or (3) the
Medicaid program pursuant to Title XIX of the
Social Security Act is fraudulent prior to
granting assistance. The commissioner shall adopt
regulations, in accordance with chapter 54, for
the purpose of developing and implementing said
system.
Sec. 21. Subsection (b) of section 17b-27 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) The Commissioner of Social Services shall
adopt regulations in accordance with chapter 54 to
implement the provisions of this section. Such
regulations shall include, but not be limited to,
provisions (1) to assure that affirmations of
paternity by the mother and acknowledgments of
paternity by the putative father are voluntary and
free from coercion and (2) to establish the
contents of notices which shall be provided to the
mother and to the putative father before
affirmation or acknowledgement. The notice to the
mother shall include, but not be limited to,
notice that the affirmation of paternity may
result in rights of custody and visitation, as
well as a duty of support, in the person named as
the father. The notice to the putative father
shall include, but not be limited to, notice that
he has the right to contest paternity, including
the right to appointment of counsel, a genetic
test to determine paternity, and trial by jury,
and that acknowledgement of paternity will make
him liable for the financial support of the child
until the child's eighteenth birthday. In no event
shall the mother's failure to sign an affirmation
of paternity in the hospital be considered
[noncooperation] FAILURE TO COOPERATE with the
establishment of support for the purposes of
eligibility for [aid to families with dependent
children] THE TEMPORARY FAMILY ASSISTANCE PROGRAM.
Sec. 22. Section 17b-29 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) There is established a council to monitor
the implementation of the [federal waiver for the
aid to families with dependent children program
and the operation of the job opportunities and
basic skills program, as defined in section
17b-680, by the Department of Social Services.
Said council shall also monitor the implementation
of the federal waiver for the aid to families with
dependent children program in section 17b-112]
TEMPORARY FAMILY ASSISTANCE PROGRAM AND THE
EMPLOYMENT SERVICES PROGRAM. The council shall be
composed of the chairmen and ranking members of
the joint standing committee of the General
Assembly having cognizance of matters relating to
human services, or their designees, THE CHAIRMEN
AND RANKING MEMBERS OF THE JOINT STANDING
COMMITTEE OF THE GENERAL ASSEMBLY HAVING
COGNIZANCE OF MATTERS RELATING TO LABOR, OR THEIR
DESIGNEES, one child care provider and one expert
on child support enforcement, to be appointed by
the president pro tempore of the Senate; one
representative of advocacy groups, to be appointed
by the majority leader of the Senate; two
education and training specialists, one
experienced in job training and one experienced in
basic adult education, one to be appointed by the
minority leader of the Senate and one to be
appointed by the minority leader of the House of
Representatives; one member of the public who is a
current recipient of benefits under the [aid to
families with dependent children] TEMPORARY FAMILY
ASSISTANCE program, to be appointed by speaker of
the House of Representatives; and two members, one
experienced in higher education programs and one
experienced in teenage pregnancy issues, to be
appointed by the majority leader of the House of
Representatives. The council shall elect a
chairperson from among its members. The council
shall convene its first meeting not later than
[July 1, 1994] SEPTEMBER 1, 1997.
(b) Beginning [July 1, 1994] SEPTEMBER 1,
1997, and monthly thereafter, the Commissioner of
Social Services AND THE LABOR COMMISSIONER shall
update the council on the implementation of the
[federal waiver for the aid to families with
dependent children program and operation of the
job opportunities and basic skills] TEMPORARY
FAMILY ASSISTANCE program AND THE EMPLOYMENT
SERVICES PROGRAM. The council shall submit
recommendations to the department regarding, but
not limited to, the availability of quality child
care and the provision of seamless child care
services, procedures for informing parents and
teenagers about family planning and pregnancy
prevention, client education regarding their
rights and responsibilities, [under the new system
and outreach on new procedures including
fill-the-gap budgeting, special benefits and
transitional child care,] the effectiveness of
child support enforcement, the effect of reduced
exemptions, time limits and increased sanctions,
[the results of job training programs and job
placement programs including pilot programs, the
effectiveness and adequacy of job development
efforts, the waiver evaluation,] the coordination
with Medicaid managed care and health care reform
measures and the fiscal impact of these program
changes.
(c) On [October 1, 1994] JANUARY 1, 1998, and
quarterly thereafter, the council shall submit a
report to the General Assembly on the
implementation of the [federal waiver for the aid
to families with dependent children program and
the operation of the job opportunities and basic
skills program as defined in section 17b-680]
TEMPORARY FAMILY ASSISTANCE PROGRAM AND THE
EMPLOYMENT SERVICES PROGRAM.
Sec. 23. Subsection (c) of section 17b-30 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) Said system shall be utilized for office
use only in the following programs: (1) General
assistance; (2) [aid to families with dependent
children] TEMPORARY FAMILY ASSISTANCE; and (3) any
other program to be determined at the discretion
of the Commissioner of Social Services.
Sec. 24. Article II of section 17b-56 of the
general statutes is repealed and the following is
substituted in lieu thereof:
ARTICLE II
As used in this compact, the phrase "welfare
service" shall mean and include: (1) Old age
assistance; (2) aid to the blind; (3) [aid to
dependent children] TEMPORARY FAMILY ASSISTANCE;
(4) aid to the permanently and totally disabled;
(5) general assistance or home relief, by whatever
name known, for persons not eligible under other
assistance categories; (6) child welfare services;
(7) care of unwed mothers; (8) welfare medical
services for those in need; provided that no party
state shall be obligated to provide a welfare
service which is not made available generally by
its laws.
Sec. 25. Section 17b-75 of the general
statutes is repealed and the following is
substituted in lieu thereof:
When used in [sections 17b-22, 17b-75 to
17b-77, inclusive, 17b-79 to 17b-103, inclusive,
17b-114, 17b-180 to 17b-183, inclusive, 17b-260 to
17b-262, inclusive, 17b-264 to 17b-285, inclusive,
17b-357 to 17b-362, inclusive, 17b-600 to 17b-604,
inclusive, 17b-807 and 17b-808] REFERENCE TO THE
STATE SUPPLEMENT PROGRAM, MEDICAL ASSISTANCE
PROGRAM, TEMPORARY FAMILY ASSISTANCE PROGRAM OR
FOOD STAMPS PROGRAM, the following terms have the
meanings herein assigned: "Commissioner" means the
Commissioner of Social Services; "dependent child"
means a needy child under the age of eighteen, or
under the age of nineteen and in full-time
attendance in a secondary school or in the
equivalent level of vocational or technical
training if, before he attains age nineteen, he
may reasonably be expected to complete the program
of such secondary school or such training [, as
provided by federal law, who has been deprived of
parental support or care by reason of the death,
continued absence from the home, or physical or
mental incapacity of a parent,] and who is living
with his father, mother, grandfather, grandmother,
brother, sister, stepfather, stepmother,
stepbrother, stepsister, uncle or aunt, or any
other relative approved by the commissioner in a
place of residence maintained by one or more of
such relatives as his or their own home;
"beneficiary" means any adult or minor child
receiving assistance under the provisions of [this
chapter] SAID PROGRAMS; "local officer" means the
public official charged with administration of
public assistance in any town, city or borough.
Sec. 26. Section 17b-76 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Commissioner of Social Services shall
furnish forms for the use of applicants under
[sections 17b-22, 17b-75 to 17b-77, inclusive,
17b-79 to 17b-103, inclusive, 17b-114, 17b-180 to
17b-183, inclusive, 17b-260 to 17b-262, inclusive,
17b-264 to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808] THE STATE SUPPLEMENT PROGRAM, MEDICAL
ASSISTANCE PROGRAM, TEMPORARY FAMILY ASSISTANCE
PROGRAM AND FOOD STAMPS PROGRAM, local officials
and himself, and shall establish and maintain a
system of records and accounts which shall show
the number of applications and the disposition of
the same, the record of payments made to each
recipient of aid and such other information as may
be necessary for the proper operation and
administration of said sections and as the rules
and regulations of the United States government
require if the United States government makes
contributory allotments of federal funds to the
state of Connecticut for aid extended under the
provisions of said [sections] PROGRAMS.
Sec. 27. Section 17b-77 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Application for aid under [sections 17b-22,
17b-75 to 17b-77, inclusive, 17b-79 to 17b-103,
inclusive, 17b-114, 17b-180 to 17b-183, inclusive,
17b-260 to 17b-262, inclusive, 17b-264 to 17b-285,
inclusive, 17b-357 to 17b-362, inclusive, 17b-600
to 17b-604, inclusive, 17b-807 and 17b-808] THE
STATE SUPPLEMENT PROGRAM, MEDICAL ASSISTANCE
PROGRAM, TEMPORARY FAMILY ASSISTANCE PROGRAM AND
FOOD STAMPS PROGRAM, shall be made to the
Commissioner of Social Services. The name and
address of each such applicant shall be recorded
with the commissioner. Such application, in the
case of [aid to dependent children] TEMPORARY
FAMILY ASSISTANCE, shall be made by the
supervising relative, his authorized
representative, or, in the case of an individual
who is incapacitated, someone acting responsibly
for him and shall contain the name and the exact
residence of such applicant, the name, place and
date of birth of each dependent child, the Social
Security number of the supervising relative and of
each dependent child, and such other information
as is required by the commissioner. If such
supervising relative or any such child does not
have a Social Security number, the commissioner
shall assist in obtaining a Social Security number
for each such person seeking public assistance and
during the time required to obtain such Social
Security numbers the supervising relative and
children shall not be precluded from eligibility
under this section. By such application, the
applicant shall assign to the commissioner the
right of support, present, past and future, due
all persons seeking assistance and shall assist
the commissioner in pursuing support obligations
due from the absent parent. Notice of such
assignment shall be conspicuously placed on said
application and shall be explained to the
applicant at the time of application. All
information required to be provided to the
commissioner as a condition of such eligibility
under federal law shall be so provided by the
applicant, provided, no person shall be determined
to be ineligible if the applicant has good cause
for the refusal to provide information concerning
the absent parent or if the provision of such
information would be against the best interests of
the dependent child or children, or any of them.
The Commissioner of Social Services shall adopt by
regulation, in accordance with chapter 54,
standards as to good cause and best interests of
the child. Any person aggrieved by a decision of
the commissioner as to the determination of good
cause or the best interests of such child or
children may request a fair hearing in accordance
with the provisions of sections 17b-60 and 17b-61.
All statements made by the applicant concerning
income, resources and any other matters pertaining
to eligibility shall be certified to by the
applicant as true and correct under penalty of
false statement, and for any such certified
statement which is untrue or incorrect such
applicant shall be subject to the penalties
provided for false statement under section 17b-97,
AS AMENDED BY THIS ACT.
Sec. 28. Section 17b-78 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Social Services shall
adopt regulations, in accordance with the
provisions of chapter 54, establishing mandatory
standards for the granting of general assistance
financial and medical assistance, including the
level of financial assistance to be provided BY
THE STATE OR at the expense of the town in such
cases, which, EFFECTIVE NO LATER THAN AUGUST 31,
1997, shall be [a maximum of three hundred dollars
per month for a single employable person who is
not job-ready, as defined in section 17b-689, and
a maximum of] three hundred fifty dollars per
month for a single unemployable person upon
determination of his unemployability, TWO HUNDRED
DOLLARS PER MONTH FOR A TRANSITIONAL INDIVIDUAL
WHO IS REQUIRED TO PAY FOR SHELTER, AND ONE
HUNDRED FIFTY DOLLARS PER MONTH FOR A TRANSITIONAL
INDIVIDUAL WHO IS NOT REQUIRED TO PAY FOR SHELTER,
subject to the provisions of section 17b-89 and
subsection (b) of section 17b-104, AS AMENDED BY
THIS ACT, including the payment of medical bills
for persons not receiving general assistance
financial aid who are unable to pay such bills
over a two-year period, by towns, including
standards for investigation and eligibility and
extent of need and procedures for record-keeping,
including uniform application and billing forms to
be used by medical providers as well as towns, and
other office practices, and establishing time
limits for the determination of eligibility for
financial assistance and for the payment of
medical bills for persons not receiving general
assistance financial aid and for the payment of
all medical assistance bills, all with the intent
of aiding the towns and any districts established
under section 17b-117 in the efficient
administration of the laws relating to granting of
general assistance financial and medical
assistance. Such regulations shall include (1) an
earned monthly gross income disregard of up to one
hundred fifty dollars, (2) a requirement that each
town distribute monthly financial assistance to
each recipient at the general assistance office or
through a central distribution location, except a
town shall mail such assistance to a recipient who
is incapacitated or residing outside such town,
(3) a requirement for each recipient to present an
identification card when receiving such assistance
and (4) a prohibition against a town charging a
fee for the distribution of such assistance. The
commissioner shall inform the towns and such
districts of the standards so established and
shall advise and assist them in their application
thereof. The commissioner may recommend regional
areas within which he considers it reasonable for
towns to join in the establishment of such
districts, and may advise the towns therein of
such recommendations and his reasons therefor.
[(b) The Commissioner of Social Services shall
adopt regulations, in accordance with the
provisions of chapter 54, to establish reduced
levels of financial assistance provided to a
single employable person with no rental obligation
or shared rental obligation. Each level shall not
be lower than one hundred fifty dollars. For
purposes of this subsection, "rental obligation"
means an amount paid for any dwelling unit except
a substance abuse treatment facility, a boarding
home, an emergency shelter, transitional housing
or other institution.
(c)] (b) Notwithstanding the provisions of
sections 4-230 to 4-236, inclusive, the
Commissioner of Social Services shall adopt
regulations, in accordance with the provisions of
chapter 54, concerning the conduct of audits of
all general assistance programs in towns. The
regulations shall include a clear statistical
methodology for conducting such audits and shall
provide that such audits be conducted in
accordance with the generally accepted auditing
standards recognized by the Comptroller General of
the United States and the American Institute of
Certified Public Accountants. The audits shall
include: (1) A financial review of each town's
accounts; (2) a selection and sampling methodology
for choosing cases to be reviewed in each town,
and (3) a review of such selected cases to
determine compliance with significant eligibility,
supported work, education and training and program
regulations.
[(d)] (c) The department shall analyze the
results of general assistance audits and fair
hearings to identify areas of client and agency
error and areas which involve program
implementation problems.
[(e)] (d) The Commissioner of Social Services
shall adopt regulations, in accordance with the
provisions of chapter 54, concerning the recovery
of reimbursements made to towns or districts based
on audit findings and setting such progressive
sanctions as the commissioner deems appropriate
for any town or district which is found as a
result of an audit not to be in compliance with
the standards established pursuant to this
section. The regulations shall include a provision
allowing the commissioner to take action to
withhold reimbursement under section 17b-134, AS
AMENDED BY THIS ACT, for any such town or district
and shall provide for a grace period before a
sanction is imposed. A town or district may appeal
a decision of the commissioner to withhold
reimbursements or to impose a sanction in
accordance with the provisions of sections 4-176e,
4-177, 4-177c, 4-180 and 4-183.
Sec. 29. Section 17b-79 of the general
statutes is repealed and the following is
substituted in lieu thereof:
No person shall be deemed ineligible to
receive an award under [sections 17b-22, 17b-75 to
17b-77, inclusive, 17b-79 to 17b-103, inclusive,
17b-114, 17b-180 to 17b-183, inclusive, 17b-260 to
17b-262, inclusive, 17b-264 to 17b-285, inclusive,
17b-357 to 17b-362, inclusive, 17b-600 to 17b-604,
inclusive, 17b-807 and 17b-808] THE STATE
SUPPLEMENT PROGRAM, MEDICAL ASSISTANCE PROGRAM,
TEMPORARY FAMILY ASSISTANCE PROGRAM, STATE
ADMINISTERED GENERAL ASSISTANCE PROGRAM OR FOOD
STAMPS PROGRAM for himself or for any person for
whose support he is liable by reason of having an
interest in real property, maintained as his home,
provided the equity in such property shall not
exceed the limits established by the commissioner.
The commissioner may place a lien against any
property to secure the claim of the state for all
amounts which it has paid or may thereafter pay to
him or in his behalf under the provisions of said
sections, OR TO OR ON BEHALF OF ANY PERSON FOR
WHOSE SUPPORT HE IS LIABLE, except for property
maintained as a home in aid to families of
dependent children cases, in which case such lien
shall secure the state only for that portion of
the assistance grant awarded for amortization of a
mortgage or other encumbrance beginning with the
fifth month after the original grant for principal
payment on any such encumbrance is made, and each
succeeding month of such grant thereafter. The
claim of the state shall be secured by filing a
certificate in the land records of the town or
towns in which any such real estate is situated,
describing such real estate. Any such lien may, at
any time during which the amount by it secured
remains unpaid, be foreclosed in an action brought
in a court of competent jurisdiction by the
commissioner on behalf of the state. Any real
estate to which title has been taken by
foreclosure under this section, or which has been
conveyed to the state in lieu of foreclosure, may
be sold, transferred or conveyed for the state by
the commissioner with the approval of the Attorney
General, and the commissioner may, in the name of
the state, execute deeds for such purpose. Such
lien shall be released by the commissioner upon
payment of the amount by it secured, or an amount
equal to the value of the beneficiary's interest
in such property if the value of such interest is
less than the amount secured by such lien, at his
discretion, and with the advice and consent of the
Attorney General, upon a compromise of the amount
due to the state. At the discretion of the
commissioner the beneficiary, or, in the case of
husband and wife living together, the survivor of
them, so long as he or she lives, or a dependent
child or children, may be permitted to occupy such
real property.
Sec. 30. Section 17b-80 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The commissioner, upon receipt of an
application for aid, shall promptly and with due
diligence make an investigation, such
investigation to be completed within forty-five
days after receipt of the application or within
sixty days after receipt of the application in the
case of an application in which a determination of
disability must be made. If an application for an
award is not acted on within forty-five days after
the filing of an application, or within sixty days
in the case of an application in which a
determination of disability must be made, the
applicant may apply to the commissioner for a
hearing in accordance with sections 17b-60 and
17b-61. The commissioner shall grant aid only if
he finds the applicant eligible therefor, in which
case he shall grant aid in such amount, determined
in accordance with levels of payments established
by the commissioner, as is needed in order to
enable the applicant to support himself, or, in
the case of [aid to dependent children] TEMPORARY
FAMILY ASSISTANCE, to enable the relative to
support such dependent child or children and
himself, in health and decency, including the
costs of such medical care as he deems necessary
and reasonable, not in excess of the amounts set
forth in the various fee schedules promulgated by
the Commissioner of Social Services for medical,
dental and allied services and supplies or the
charges made for comparable services and supplies
to the general public, whichever is less, and the
cost of necessary hospitalization as is provided
in section 17b-239, over and above hospital
insurance or other such benefits, including
workers' compensation and claims for negligent or
wilful injury. The commissioner, subject to the
provisions of subsection (b) of this section,
shall in determining need, take into consideration
any available income and resources of the
individual claiming assistance. The commissioner
shall make periodic investigations to determine
eligibility and may, at any time, modify, suspend
or discontinue an award previously made when such
action is necessary to carry out the provisions of
[sections 17b-22, 17b-75 to 17b-77, inclusive,
17b-79 to 17b-103, inclusive, 17b-114, 17b-180 to
17b-183, inclusive, 17b-260 to 17b-262, inclusive,
17b-264 to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808] THE STATE SUPPLEMENT PROGRAM, MEDICAL
ASSISTANCE PROGRAM, TEMPORARY FAMILY ASSISTANCE
PROGRAM, STATE ADMINISTERED GENERAL ASSISTANCE
PROGRAM OR FOOD STAMPS PROGRAM. The parent or
parents of any child for whom aid is received
under the [provisions of sections 17b-22, 17b-180
to 17b-183, inclusive, 17b-807 and 17b-808]
TEMPORARY FAMILY ASSISTANCE PROGRAM and any
beneficiary receiving assistance under [sections
17b-600 to 17b-604, inclusive,] THE STATE
SUPPLEMENT PROGRAM shall be conclusively presumed
to have accepted the provisions of sections
17b-93, AS AMENDED BY THIS ACT, 17b-94, AS AMENDED
BY THIS ACT, and 17b-95, AS AMENDED BY THIS ACT.
(b) The commissioner shall disregard [for six
months per calendar year,] any earned income of a
child who is a [full-time] student in determining
the eligibility, standard of need and amount of
assistance of a family in the [AFDC] TFA program.
(c) No person shall be eligible for the state
supplement program whose assets as defined by the
commissioner exceed sixteen hundred dollars or, if
living with a spouse, whose combined assets exceed
twenty-four hundred dollars.
[(d) No family shall be eligible for the aid
to families with dependent children program whose
combined assets as defined by the commissioner
exceed one thousand dollars.]
Sec. 31. Section 17b-83 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The aid granted under [sections 17b-22, 17b-75
to 17b-77, inclusive, 17b-79 to 17b-103,
inclusive, 17b-114, 17b-180 to 17b-183, inclusive,
17b-260 to 17b-262, inclusive, 17b-264 to 17b-285,
inclusive, 17b-357 to 17b-362, inclusive, 17b-600
to 17b-604, inclusive, 17b-807 and 17b-808] THE
STATE SUPPLEMENT PROGRAM OR THE TEMPORARY FAMILY
ASSISTANCE PROGRAM shall be in the form of money
payments and shall be made by the commissioner
within available Department of Social Services
appropriations, directly to the applicant or other
person entitled to receive the same at such
regular intervals as the Commissioner of Social
Services determines, provided the payments of the
costs of medical care and such other charges in
connection with the care and maintenance of a
beneficiary as the commissioner deems necessary
and reasonable may be made to the applicant or to
those persons furnishing such services by the
commissioner. Ninety per cent of clean claims for
payments to persons furnishing such services shall
be made no later than thirty days from receipt of
the request for payment and ninety-nine per cent
shall be made within ninety days of such receipt.
For the purposes of this section "clean claim"
means a claim which can be processed without
obtaining additional substantiation from the
person furnishing such services or other person
entitled to receive payment. A claim submitted by
any such person who is under investigation for
fraud or abuse shall not be considered a clean
claim.
Sec. 32. Section 17b-84 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Upon the death of any beneficiary, under the
state supplement or the [aid to families with
dependent children] TEMPORARY FAMILY ASSISTANCE
program the commissioner shall order the payment
of a sum not to exceed one thousand dollars for
the fiscal year ending June 30, 1987, one thousand
one hundred dollars for the fiscal year ending
June 30, 1988, and one thousand two hundred
dollars for the fiscal year ending June 30, 1989,
and subsequent fiscal years, as an allowance
toward the funeral and burial expenses of such
deceased. The payment for funeral and burial
expenses shall be reduced by the amount in any
revocable or irrevocable funeral fund, prepaid
funeral contract or the face value of any life
insurance policy owned by the recipient.
Contributions may be made by any person for the
cost of the funeral and burial expenses of the
deceased over and above the sum established under
this section without thereby diminishing the
state's obligation.
Sec. 33. Section 17b-85 of the general
statutes is repealed and the following is
substituted in lieu thereof:
If any person receiving an award for the care
of any dependent child or children, or any person
legally liable for the support of such child or
children, or any other person being supported
wholly or in part under the provisions of
[sections 17b-22, 17b-75 to 17b-77, inclusive,
17b-79 to 17b-103, inclusive, 17b-114, 17b-180 to
17b-183, inclusive, 17b-260 to 17b-262, inclusive,
17b-264 to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808] THE STATE SUPPLEMENT PROGRAM, MEDICAL
ASSISTANCE PROGRAM, TEMPORARY FAMILY ASSISTANCE
PROGRAM, STATE ADMINISTERED GENERAL ASSISTANCE
PROGRAM OR FOOD STAMPS PROGRAM or any beneficiary
under said sections or any legally liable relative
of such beneficiary, receives property, wages,
income or resources of any kind, such person or
beneficiary, within ten days after obtaining
knowledge of or receiving such property, wages,
income or resources, shall notify the commissioner
thereof, orally or in writing, unless good cause
is established for failure to provide such notice,
as determined by the commissioner. No such person
or beneficiary shall sell, assign, transfer,
encumber or otherwise dispose of any property
without the consent of the commissioner. The
provisions of section 17b-137, AS AMENDED BY THIS
ACT, shall be applicable with respect to any
person applying for or receiving an award under
said sections. Any change in the information which
has been furnished on an application form or a
redetermination of eligibility form shall also be
reported to the commissioner, orally or in
writing, within ten days of the occurrence of such
change, unless good cause is established for
failure to provide such notice, as determined by
the commissioner.
Sec. 34. Section 17b-86 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Aid provided under [sections 17b-22, 17b-75 to
17b-77, inclusive, 17b-79 to 17b-103, inclusive,
17b-114, 17b-180 to 17b-183, inclusive, 17b-260 to
17b-262, inclusive, 17b-264 to 17b-285, inclusive,
17b-357 to 17b-362, inclusive, 17b-600 to 17b-604,
inclusive, 17b-807 and 17b-808] THE STATE
SUPPLEMENT PROGRAM, MEDICAL ASSISTANCE PROGRAM,
TEMPORARY FAMILY ASSISTANCE PROGRAM, STATE
ADMINISTERED GENERAL ASSISTANCE PROGRAM OR FOOD
STAMPS PROGRAM shall be inalienable by assignment,
sale, attachment, execution or otherwise, and
shall be subject to the provisions of any amending
or repealing act that may be passed, and no
beneficiary or other person shall have any vested
right to any such aid.
Sec. 35. Section 17b-87 of the general
statutes is repealed and the following is
substituted in lieu thereof:
No award under [sections 17b-22, 17b-180 to
17b-183, inclusive, 17b-807 and 17b-808] THE
TEMPORARY FAMILY ASSISTANCE PROGRAM shall continue
after the removal of the beneficiary from this
state; and no award under [sections 17b-600 to
17b-604, inclusive,] THE STATE SUPPLEMENT PROGRAM
shall continue for more than one year after
removal of the beneficiary from this state, and
occasional absences for short periods need not be
deemed by the commissioner to constitute a
removal.
Sec. 36. Section 17b-88 of the general
statutes is repealed and the following is
substituted in lieu thereof:
If a beneficiary of [public] assistance under
[sections 17b-22, 17b-75 to 17b-77, inclusive,
17b-79 to 17b-103, inclusive, 17b-114, 17b-180 to
17b-183, inclusive, 17b-260 to 17b-262, inclusive,
17b-264 to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808] THE STATE SUPPLEMENT PROGRAM, MEDICAL
ASSISTANCE PROGRAM, AID TO FAMILIES WITH DEPENDENT
CHILDREN PROGRAM, TEMPORARY FAMILY ASSISTANCE
PROGRAM, STATE ADMINISTERED GENERAL ASSISTANCE
PROGRAM OR FOOD STAMPS PROGRAM receives any award
or grant over the amount to which he is entitled
under the laws governing eligibility, the
Department of Social Services (1) shall
immediately initiate recoupment action and shall
consult with the Division of Criminal Justice to
determine whether to refer such overpayment, with
full supporting information, to the state police,
to a prosecuting authority for prosecution or to
the attorney general for civil recovery or (2)
shall take such other action as conforms to
federal regulations, including, but not limited
to, conducting administrative disqualification
hearings for cases involving alleged fraud in the
food stamp program, [or] the aid to families with
dependent children program, THE TEMPORARY FAMILY
ASSISTANCE PROGRAM OR THE STATE ADMINISTERED
GENERAL ASSISTANCE PROGRAM.
Sec. 37. Subsection (a) of section 17b-90 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The commissioner shall make regulations
necessary to enable him to carry out the
[provisions of sections 17b-22, 17b-75 to 17b-77,
inclusive, 17b-79 to 17b-103, inclusive, 17b-114,
17b-180 to 17b-183, inclusive, 17b-260 to 17b-262,
inclusive, 17b-264 to 17b-285, inclusive, 17b-357
to 17b-362, inclusive, 17b-600 to 17b-604,
inclusive, 17b-807 and 17b-808] PROGRAMS THE
DEPARTMENT OF SOCIAL SERVICES IS DESIGNATED TO
ADMINISTER PURSUANT TO SECTION 17b-2, AS AMENDED
BY THIS ACT, including any regulations necessary
for receiving grants from the federal government
to this state if the absence of any such
regulation would result in the loss of such grants
and regulations governing the custody and use of
the records, papers, files and communications
concerning persons applying for or receiving
assistance under said sections. When names and
addresses of recipients of such assistance are
required by law to be furnished to or held by any
other government agency, such agency shall adopt
regulations to prevent the publication of lists
thereof or their use for purposes not directly
connected with the administration of said
[sections] PROGRAMS.
Sec. 38. Section 17b-91 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The commissioner shall exclude, in the
determination of eligibility for the state
supplement program and the [aid to families with
dependent children] TEMPORARY FAMILY ASSISTANCE
program, burial funds in an amount not to exceed
the maximum amount provided in section 17b-84, AS
AMENDED BY THIS ACT. Such funds may be in the form
of prepaid funeral service contracts as described
in section 42-200, irrevocable funeral contracts
or the face value of life insurance policies if
the cash surrender value is excluded, or any
combination thereof, not to exceed the maximum
amount provided in SAID section 17b-84.
(b) The commissioner shall exclude, in the
determination of eligibility for the state
supplement program and for the [aid to families
with dependent children] TEMPORARY FAMILY
ASSISTANCE program, the value of a burial plot not
to exceed one exclusion per individual.
(c) The commissioner shall exclude from
consideration as an asset, in the determination of
eligibility for the state supplement program and
for the [aid to families with dependent children]
TEMPORARY FAMILY ASSISTANCE program, the value of
an irrevocable funeral contract except that the
value of such contract shall be considered towards
the amount excluded in subsection (a) of this
section.
(d) Nothing in this section shall prevent the
commissioner from excluding from consideration as
an asset in the determination of eligibility for
the state supplement program, or the [aid to
families with dependent children] TEMPORARY FAMILY
ASSISTANCE program other personal or real property
as he determines is necessary for the effective
administration of such programs.
(e) Where federal LAW OR regulations governing
the state supplement program, the [aid to families
with dependent children] TEMPORARY FAMILY
ASSISTANCE program, or the medical assistance
program conflict with the provisions of this
section, such LAW OR regulations shall prevail.
Sec. 39. Section 17b-92 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(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 [under
sections 17b-22, 17b-75 to 17b-77, inclusive,
17b-79 to 17b-103, inclusive, 17b-114, 17b-180 to
17b-183, inclusive, 17b-260 to 17b-262, inclusive,
17b-264 to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808 or any general assistance program
under sections 17b-19, 17b-63 to 17b-65,
inclusive, 17b-115 to 17b-138, inclusive, 17b-220
to 17b-250, inclusive, 17b-256, 17b-259, 17b-263,
17b-287, 17b-340 to 17b-350, inclusive, 17b-689 to
17b-693, inclusive, and 17b-743 to 17b-747,
inclusive; provided, if an income maintenance
recipient] 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 [social
services] 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 [under sections 17b-22, 17b-75
to 17b-77, inclusive, 17b-79 to 17b-103,
inclusive, 17b-114, 17b-180 to 17b-183, inclusive,
17b-260 to 17b-262, inclusive, 17b-264 to 17b-285,
inclusive, 17b-357 to 17b-362, inclusive, 17b-600
to 17b-604, inclusive, 17b-807 and 17b-808 or any
general assistance program under sections 17b-19,
17b-63 to 17b-65, inclusive, 17b-115 to 17b-138,
inclusive, 17b-220 to 17b-250, inclusive, 17b-256,
17b-259, 17b-263, 17b-287, 17b-340 to 17b-350,
inclusive, 17b-689 to 17b-693, inclusive, and
17b-743 to 17b-747, inclusive,] 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 [under
sections 17b-22, 17b-75 to 17b-77, inclusive,
17b-79 to 17b-103, inclusive, 17b-114, 17b-180 to
17b-183, inclusive, 17b-260 to 17b-262, inclusive,
17b-264 to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808 or general assistance under sections
17b-19, 17b-63 to 17b-65, inclusive, 17b-115 to
17b-138, inclusive, 17b-220 to 17b-250, inclusive,
17b-256, 17b-259, 17b-263, 17b-287, 17b-340 to
17b-350, inclusive, 17b-689 to 17b-693, inclusive,
and 17b-743 to 17b-747, inclusive,] OR GENERAL
ASSISTANCE shall not be considered income,
earnings, assets or rent in the determination of
eligibility for any PUBLIC assistance program
[under sections 17b-22, 17b-75 to 17b-77,
inclusive, 17b-79 to 17b-103, inclusive, 17b-114,
17b-180 to 17b-183, inclusive, 17b-260 to 17b-262,
inclusive, 17b-264 to 17b-285, inclusive, 17b-357
to 17b-362, inclusive, 17b-600 to 17b-604,
inclusive, 17b-807 and 17b-808 or any general
assistance program under sections 17b-19, 17b-63
to 17b-65, inclusive, 17b-115 to 17b-138,
inclusive, 17b-220 to 17b-250, inclusive, 17b-256,
17b-259, 17b-263, 17b-287, 17b-340 to 17b-350,
inclusive, 17b-689 to 17b-693, inclusive, and
17b-743 to 17b-747, inclusive,] OR ANY GENERAL
ASSISTANCE PROGRAM and shall not be deducted from
the amount of assistance to which the recipient
would otherwise be entitled.
Sec. 40. Section 17b-93 of the general
statutes, as amended by public act 97-312, is
repealed and the following is substituted in lieu
thereof:
(a) If a beneficiary of aid under [sections
17b-22, 17b-75 to 17b-77, inclusive, 17b-79 to
17b-103, inclusive, 17b-114, 17b-180 to 17b-183,
inclusive, 17b-260 to 17b-262, inclusive, 17b-264
to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808] THE STATE SUPPLEMENT PROGRAM, MEDICAL
ASSISTANCE PROGRAM, AID TO FAMILIES WITH DEPENDENT
CHILDREN PROGRAM, TEMPORARY FAMILY ASSISTANCE
PROGRAM OR STATE ADMINISTERED GENERAL ASSISTANCE
PROGRAM has or acquires property of any kind or
interest in any property, estate or claim of any
kind, except moneys received for the replacement
of real or personal property, the state of
Connecticut shall have a claim subject to
subsections (b) and (c) of this section, which
shall have priority over all other unsecured
claims and unrecorded encumbrances, against such
beneficiary for the full amount paid, subject to
the provisions of section 17b-94, AS AMENDED BY
THIS ACT, to him or in his behalf under [sections
17b-22, 17b-75 to 17b-77, inclusive, 17b-79 to
17b-103, inclusive, 17b-114, 17b-180 to 17b-183,
inclusive, 17b-260 to 17b-262, inclusive, 17b-264
to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808] SAID PROGRAMS; and, in addition
thereto, the parents of an aid to dependent
children beneficiary, A STATE ADMINISTERED GENERAL
ASSISTANCE BENEFICIARY OR A TEMPORARY FAMILY
ASSISTANCE BENEFICIARY shall be liable to repay,
subject to the provisions of SAID section 17b-94,
to the state the full amount of any such aid paid
to or in behalf of either parent, his spouse, and
his child or children. The state of Connecticut
shall have a lien against property of any kind or
interest in any property, estate or claim of any
kind of the parents of an aid to dependent
children beneficiary, in addition and not in
substitution of its claim, for amounts owing under
any order for support of any court or any family
support magistrate, including any arrearage under
such order, provided household goods and other
personal property identified in section 52-352b,
real property pursuant to section 17b-79, AS
AMENDED BY THIS ACT, as long as such property is
used as a home for the beneficiary and money
received for the replacement of real or personal
property, shall be exempt from such lien.
(b) Any person who received cash benefits
under the aid to families with dependent children
program, THE TEMPORARY FAMILY ASSISTANCE PROGRAM
OR THE STATE ADMINISTERED GENERAL ASSISTANCE
PROGRAM, when such person was under eighteen years
of age, shall not be liable to repay the state for
such assistance.
(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, section 47a-4a,
47a-5, or 47a-57, or any security deposit refund
pursuant to subsection (d) of section 47a-21 paid
to a beneficiary of assistance under [sections
17b-22, 17b-75 to 17b-77, inclusive, 17b-79 to
17b-103, inclusive, 17b-114, 17b-180 to 17b-183,
inclusive, 17b-260 to 17b-262, inclusive, 17b-264
to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808] THE STATE SUPPLEMENT PROGRAM, MEDICAL
ASSISTANCE PROGRAM, AID TO FAMILIES WITH DEPENDENT
CHILDREN PROGRAM, TEMPORARY FAMILY ASSISTANCE
PROGRAM OR STATE ADMINISTERED GENERAL ASSISTANCE
PROGRAM.
Sec. 41. Section 17b-94 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) In the case of causes of action of
beneficiaries of aid under [sections 17b-22,
17b-75 to 17b-77, inclusive, 17b-79 to 17b-103,
inclusive, 17b-114, 17b-180 to 17b-183, inclusive,
17b-260 to 17b-262, inclusive, 17b-264 to 17b-285,
inclusive, 17b-357 to 17b-362, inclusive, 17b-600
to 17b-604, inclusive, 17b-807 and 17b-808] THE
STATE SUPPLEMENT PROGRAM, MEDICAL ASSISTANCE
PROGRAM, AID TO FAMILIES WITH DEPENDENT CHILDREN
PROGRAM, TEMPORARY FAMILY ASSISTANCE PROGRAM OR
STATE ADMINISTERED GENERAL ASSISTANCE PROGRAM,
subject to subsections (b) and (c) of section
17b-93, AS AMENDED BY THIS ACT, or of a parent of
a beneficiary of the aid to families with
dependent children program, THE TEMPORARY FAMILY
ASSISTANCE PROGRAM OR THE STATE ADMINISTERED
GENERAL ASSISTANCE PROGRAM, the claim of the state
shall be a lien against the proceeds therefrom in
the amount of the assistance paid or fifty per
cent of the proceeds received by such beneficiary
or such parent after payment of all expenses
connected with the cause of action, whichever is
less, for repayment under SAID section 17b-93, and
shall have priority over all other claims except
attorney's fees for said causes, 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 state, physicians' fees for services during
any such period as are connected with the cause of
action over and above medical insurance or other
such benefits; and such claim shall consist of the
total assistance repayment for which claim may be
made under [the provisions of sections 17b-22,
17b-75 to 17b-77, inclusive, 17b-79 to 17b-103,
inclusive, 17b-114, 17b-180 to 17b-183, inclusive,
17b-260 to 17b-262, inclusive, 17b-264 to 17b-285,
inclusive, 17b-357 to 17b-362, inclusive, 17b-600
to 17b-604, inclusive, 17b-807 and 17b-808] SAID
PROGRAMS. The proceeds of such causes of action
shall be assignable to the state for payment of
the amount due under said section 17b-93,
irrespective of any other provision of law. 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 Commissioner
of Administrative Services in accordance with its
terms, except if, after settlement of the cause of
action or judgment thereon, the Commissioner of
Administrative Services does not inform the
attorney for the beneficiary of the amount of lien
which is to be paid to the Commissioner of
Administrative Services within forty-five days of
receipt of the written request of such attorney
for such information, such attorney may distribute
such proceeds to such beneficiary and shall not be
liable for any loss the state may sustain thereby.
(b) In the case of an inheritance of an estate
by a beneficiary of aid under [sections 17b-22,
17b-75 to 17b-77, inclusive, 17b-79 to 17b-103,
inclusive, 17b-114, 17b-180 to 17b-183, inclusive,
17b-260 to 17b-262, inclusive, 17b-264 to 17b-285,
inclusive, 17b-357 to 17b-362, inclusive, 17b-600
to 17b-604, inclusive, 17b-807 and 17b-808] THE
STATE SUPPLEMENT PROGRAM, MEDICAL ASSISTANCE
PROGRAM, AID TO FAMILIES WITH DEPENDENT CHILDREN
PROGRAM, TEMPORARY FAMILY ASSISTANCE PROGRAM OR
STATE ADMINISTERED GENERAL ASSISTANCE PROGRAM,
subject to subsections (b) and (c) of section
17b-93, AS AMENDED BY THIS ACT, 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 state for payment of
the amount due under SAID section 17b-93. The
Court of Probate shall accept any such assignment
executed by the beneficiary and filed by the
Commissioner of Administrative Services 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
Commissioner of Administrative Services receives
any assets of an estate pursuant to any such
assignment, the commissioner shall be subject to
the same duties and liabilities concerning such
assigned assets as the beneficiary.
Sec. 42. Section 17b-95 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Upon the death of a parent of a child who has,
at any time, been a beneficiary under the program
of aid to families with dependent children, THE
TEMPORARY FAMILY ASSISTANCE PROGRAM OR THE STATE
ADMINISTERED GENERAL ASSISTANCE PROGRAM, or upon
the death of any person who has at any time been a
beneficiary of aid under [sections 17b-22, 17b-75
to 17b-77, inclusive, 17b-79 to 17b-103,
inclusive, 17b-114, 17b-180 to 17b-183, inclusive,
17b-260 to 17b-262, inclusive, 17b-264 to 17b-285,
inclusive, 17b-357 to 17b-362, inclusive, 17b-600
to 17b-604, inclusive, 17b-807 and 17b-808] THE
STATE SUPPLEMENT PROGRAM, MEDICAL ASSISTANCE
PROGRAM, AID TO FAMILIES WITH DEPENDENT CHILDREN
PROGRAM, TEMPORARY FAMILY ASSISTANCE PROGRAM OR
STATE ADMINISTERED GENERAL ASSISTANCE PROGRAM,
except as provided in subsection (b) of section
17b-93, AS AMENDED BY THIS ACT, the state shall
have a claim against such parent's or person's
estate for all amounts paid on behalf of each such
child or for the support of either parent or such
child or such person under the [provisions of
sections 17b-22, 17b-75 to 17b-77, inclusive,
17b-79 to 17b-103, inclusive, 17b-114, 17b-180 to
17b-183, inclusive, 17b-260 to 17b-262, inclusive,
17b-264 to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808] STATE SUPPLEMENT PROGRAM, MEDICAL
ASSISTANCE PROGRAM, AID TO FAMILIES WITH DEPENDENT
CHILDREN PROGRAM, TEMPORARY FAMILY ASSISTANCE
PROGRAM OR STATE ADMINISTERED GENERAL ASSISTANCE
PROGRAM for which the state has not been
reimbursed, to the extent that the amount which
the surviving spouse, parent or dependent children
of the decedent would otherwise take from such
estate is not needed for their support. In the
case of any person dying after October 1, 1959,
the claim for medical payments, even though such
payments were made prior thereto, shall be
restricted to medical disbursements actually made
for care of such deceased beneficiary. Such claims
shall have priority over all unsecured claims
against such estate, except (1) expenses of last
sickness not to exceed three hundred seventy-five
dollars, (2) funeral and burial expenses in
accordance with section 17b-84, AS AMENDED BY THIS
ACT, and (3) administrative expenses, including
probate fees and taxes, and including fiduciary
fees not exceeding the following commissions on
the value of the whole estates accounted for by
such fiduciaries: On the first two thousand
dollars or portion thereof, five per cent; on the
next eight thousand dollars or portion thereof,
four per cent; on the excess over ten thousand
dollars, three per cent. Upon petition by any
fiduciary, the Probate Court, after a hearing
thereon, may authorize compensation in excess of
the above schedule for extraordinary services.
Notice of any such petition and hearing shall be
given to the Commissioner of Administrative
Services in Hartford at least ten days in advance
of such hearing. The allowable funeral and burial
payment herein shall be reduced by the amount of
any prepaid funeral arrangement. Any amount paid
from the estate under this section to any person
which exceeds the limits provided herein shall be
repaid to the estate by such person, and such
amount may be recovered in a civil action with
interest at six per cent from the date of demand.
Sec. 43. Section 17b-97 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Any food stamps furnished or any sums paid
to or on behalf of any person under the
[provisions of sections 17b-22, 17b-75 to 17b-77,
inclusive, 17b-79 to 17b-103, inclusive, 17b-114,
17b-180 to 17b-183, inclusive, 17b-260 to 17b-262,
inclusive, 17b-264 to 17b-285, inclusive, 17b-357
to 17b-362, inclusive, 17b-600 to 17b-604,
inclusive, 17b-807 and 17b-808] STATE SUPPLEMENT
PROGRAM, MEDICAL ASSISTANCE PROGRAM, TEMPORARY
FAMILY ASSISTANCE PROGRAM, AID TO FAMILIES WITH
DEPENDENT CHILDREN PROGRAM, STATE ADMINISTERED
GENERAL ASSISTANCE PROGRAM OR FOOD STAMPS PROGRAM
as a result of any false statement,
misrepresentation or concealment of or failure to
disclose assets by him, or by any person legally
liable for his support, may be recovered in an
action brought by the state against such person or
persons.
(b) Any person who, by means of an
intentionally false statement or misrepresentation
or by impersonation or other fraudulent act or
device, obtains, or attempts to obtain, or aids or
abets any person to obtain, any monetary award
under [sections 17b-22, 17b-75 to 17b-77,
inclusive, 17b-79 to 17b-103, inclusive, 17b-114,
17b-180 to 17b-183, inclusive, 17b-260 to 17b-262,
inclusive, 17b-264 to 17b-285, inclusive, 17b-357
to 17b-362, inclusive, 17b-600 to 17b-604,
inclusive, 17b-807 and 17b-808] THE STATE
SUPPLEMENT PROGRAM, MEDICAL ASSISTANCE PROGRAM,
TEMPORARY FAMILY ASSISTANCE PROGRAM, AID TO
FAMILIES WITH DEPENDENT CHILDREN PROGRAM, STATE
ADMINISTERED GENERAL ASSISTANCE PROGRAM OR FOOD
STAMPS PROGRAM to which he is not entitled; and
any person who, with intent to defraud, buys or
aids or abets in buying or in any way disposing of
the property of a person receiving an award, and
any person who, with intent to defraud, violates
the provisions of section 17b-85, AS AMENDED BY
THIS ACT, or any other provision of [sections
17b-22, 17b-75 to 17b-77, inclusive, 17b-79 to
17b-103, inclusive, 17b-114, 17b-180 to 17b-183,
inclusive, 17b-260 to 17b-262, inclusive, 17b-264
to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808] SAID PROGRAMS shall be subject to the
penalties for larceny under sections 53a-122 and
53a-123, depending on the amount involved. When a
person receiving assistance is convicted of an
offense involving an overpayment of public
assistance under said sections, the Commissioner
of Social Services may discontinue his award or
take such other action as conforms to federal
regulations.
(c) Repealed by P.A. 74-140, S. 3.
(d) Any person who, by means of an
intentionally false statement or misrepresentation
or by impersonation or other fraudulent act or
device, obtains, or attempts to obtain, or aids or
abets any person to obtain, or who knowingly uses,
transfers, acquires, alters, or attempts to use,
traffic in, forge or possess, any United States
Department of Agriculture food coupon, food stamp
coupon authorization to participate card, or
Department of Social Services public assistance
photographic identification card or electronically
coded identification and debit card, shall be
subject to the penalties for larceny under
sections 53a-122 and 53a-123, depending on the
amount involved.
(e) Any person having duties in the
administration of a state or federally funded
public assistance program who fraudulently
misappropriates, attempts to misappropriate, or
aids and abets in the misappropriation of any
United States Department of Agriculture food
coupon, food stamp coupon authorization to
participate card, or Department of Social Services
public assistance photographic identification card
or electronically coded identification and debit
card, shall be subject to the penalties for
larceny under sections 53a-122 and 53a-123,
depending on the amount involved and shall be
subject to discipline or discharge by the
commissioner.
(f) Any person having duties in the
administration of a state or federally funded
public assistance program who, directly or
indirectly, by himself or by another, solicits,
accepts or agrees to accept from another, any
benefit for, because of or as consideration for,
taking, or promising to take, action which
results, or is intended to result, in the unlawful
award, transfer or receipt of public assistance
benefits or United States Department of
Agriculture food stamp benefits shall be subject
to the penalty provided for bribe receiving under
section 53a-148 and shall be subject to discipline
or discharge by the commissioner.
Sec. 44. Section 17b-98 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The cost of aid furnished under [sections
17b-22, 17b-75 to 17b-77, inclusive, 17b-79 to
17b-103, inclusive, 17b-114, 17b-180 to 17b-183,
inclusive, 17b-260 to 17b-262, inclusive, 17b-264
to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808] THE STATE SUPPLEMENT PROGRAM, MEDICAL
ASSISTANCE PROGRAM, TEMPORARY FAMILY ASSISTANCE
PROGRAM, STATE ADMINISTERED GENERAL ASSISTANCE
PROGRAM AND FOOD STAMPS PROGRAM as well as the
cost of its administration, shall be borne
entirely by the state of Connecticut, except to
such extent as such cost to the state may be
reduced by grants from the federal government.
Sec. 45. Section 17b-99 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Any vendor found guilty of vendor fraud
under sections 53a-290 to 53a-296, inclusive,
shall be subject to forfeiture or suspension of
any franchise or license held by him from the
state in accordance with this subsection, after
hearing in the manner provided for in sections
4-176e to 4-180a, inclusive, and 4-181a. Any
vendor convicted of vendor fraud under sections
53a-290 to 53a-296, inclusive, shall have such
license or franchise revoked. Nothing in this
subsection shall preclude any board or commission
established under chapters 369 to 376, inclusive,
378 to 381, inclusive, and 383 to 388, inclusive,
and the Department of Public Health with respect
to professions under its jurisdiction which have
no board or commission from taking any action
authorized in section 19a-17. Any vendor who is
convicted in any state or federal court of a crime
involving fraud in the Medicare program or
Medicaid program or aid to families with dependent
children program OR STATE ADMINISTERED GENERAL
ASSISTANCE PROGRAM OR TEMPORARY FAMILY ASSISTANCE
PROGRAM or state supplement to the federal
Supplemental Security Income Program or any
federal or state energy assistance program or
general assistance program or the refugee program
shall be terminated from such programs, effective
upon conviction, except that the Commissioner of
Social Services may delay termination for a period
he deems sufficient to protect the health and
well-being of beneficiaries receiving services
from such vendor. A vendor who is ineligible for
federal financial participation shall be
ineligible for participation in such programs. No
vendor shall be eligible for reimbursement for any
goods provided or services performed by a person
convicted of a crime involving fraud in such
programs. The convicted person may request a
hearing concerning such ineligibility for
reimbursement pursuant to sections 4-176e to
4-180a, inclusive, and 4-181a provided such
request is filed in writing with the Commissioner
of Social Services within ten days of the date of
written notice by the commissioner to the person
of such ineligibility. The commissioner shall give
notice of such ineligibility to such vendors by
means of publication in the Connecticut Law
Journal following the expiration of said ten-day
hearing request period, if no timely request has
been filed, or following the decision on the
hearing. The Commissioner of Social Services may
take such steps as he considers necessary to
inform the public of the conviction and
ineligibility for reimbursement. No vendor or
person so terminated or denied reimbursement shall
be readmitted to or be eligible for reimbursement
in such programs. Any sums paid as a result of
vendor fraud under sections 53a-290 to 53a-296,
inclusive, may be recovered in an action brought
by the state against such person.
(b) For the purpose of determining compliance
with subsection (a), all vendors shall notify the
commissioner within thirty days after the date of
employment or conviction, whichever is later, of
the identity, interest and extent of services
performed by any person convicted of a crime
involving fraud in the Medicare program or
Medicaid program or aid to families with dependent
children program OR STATE ADMINISTERED GENERAL
ASSISTANCE PROGRAM OR TEMPORARY FAMILY ASSISTANCE
PROGRAM or state supplement to the federal
Supplemental Security Income Program or any
federal or state energy assistance program or
general assistance program or the refugee program.
Prior to the commissioner's acceptance of a
provider agreement or at any time upon written
request by the commissioner, the vendor shall
furnish the commissioner with the identity of any
person convicted of a crime involving fraud in
such programs who has an ownership or control
interest in the vendor or who is an agent or
managing employee. The commissioner shall
terminate, refuse to enter into or renew an
agreement with a vendor, except a vendor providing
room and board and services pursuant to section
17b-340, AS AMENDED BY THIS ACT, if such convicted
person has such interest or is such agent or
employee. In the case of a vendor providing room
and board and services pursuant to SAID section
17b-340, the commissioner may terminate, refuse to
enter into or renew an agreement after
consideration of any adverse impact on
beneficiaries of such termination or refusal.
(c) The Department of Social Services shall
distribute to all vendors who are providers in the
medical assistance program a copy of the rules,
regulations, standards and laws governing the
program. The Commissioner of Social Services shall
adopt by regulation in the manner provided for in
sections 4-166 to 4-176, inclusive, administrative
sanctions against providers in the Medicare
program or Medicaid program or aid to families
with dependent children program OR STATE
ADMINISTERED GENERAL ASSISTANCE PROGRAM OR
TEMPORARY FAMILY ASSISTANCE PROGRAM or state
supplement to the federal Supplemental Security
Income Program including suspension from the
program, for any violations of the rules,
regulations, standards or law. The commissioner
may adopt regulations in accordance with the
provisions of chapter 54 to provide for the
withholding of payments currently due in order to
offset money previously obtained as the result of
error or fraud. The department shall notify the
proper professional society and licensing agency
of any violations of this section.
Sec. 46. Section 17b-100 of the general
statutes is repealed and the following is
substituted in lieu thereof:
It shall constitute a fraudulent conveyance as
against the state for any person to assign,
transfer or otherwise dispose of property for less
than fair market value, for the purpose of
qualifying for PUBLIC assistance [under sections
17b-22, 17b-75 to 17b-77, inclusive, 17b-79 to
17b-103, inclusive, 17b-114, 17b-180 to 17b-183,
inclusive, 17b-260 to 17b-262, inclusive, 17b-264
to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808] OR STATE ADMINISTERED GENERAL
ASSISTANCE to a transferee either having knowledge
of such purpose, or having knowledge that such
conveyance leaves the transferor without
sufficient means to support himself on a
reasonable standard of health and decency. The
Commissioner of Social Services, may institute a
civil action (1) to set aside any such conveyance
and to recover from the proceeds of such property
the cost of any assistance provided to the
transferor, or (2) to recover from the proceeds of
such conveyance the cost of any assistance
provided to the transferor. The commissioner may
require that any remaining proceeds be applied to
such transferor's future support. The
commissioner's total recovery under this section
shall not exceed the amount by which the fair
market value of such property exceeds the
consideration exchanged therefor by the
transferee. Such civil action shall be brought in
the superior court for the judicial district of
Hartford-New Britain* or in any other venue
otherwise appropriate. In any such action brought
to set aside a conveyance or to recover the
proceeds of a conveyance, made within twenty-four
months before the date of such application for
assistance directly or indirectly to a transferee
who is a parent, grandparent, descendant or spouse
of the transferor, the transferee shall bear the
burden of proving that the conveyance was not
fraudulent.
Sec. 47. Section 17b-101 of the general
statutes is repealed and the following is
substituted in lieu thereof:
In the event that any person applying for or
receiving PUBLIC assistance [under sections
17b-22, 17b-75 to 17b-77, inclusive, 17b-79 to
17b-103, inclusive, 17b-114, 17b-180 to 17b-183,
inclusive, 17b-260 to 17b-262, inclusive, 17b-264
to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808] OR STATE ADMINISTERED GENERAL
ASSISTANCE has any right to rescind, revoke, avoid
or otherwise set aside any assignment, transfer or
other disposition of property, the state shall be
subrogated to such right. The Commissioner of
Social Services may bring such civil actions and
pursue such other remedies as would have been
available to such recipient to enforce such right,
for the purposes described in section 17b-100, AS
AMENDED BY THIS ACT, whether or not such
disposition constituted a fraudulent conveyance
within the meaning of SAID section 17b-100.
Sec. 48. Section 17b-104 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Social Services shall
administer [the program of aid to families with
dependent children and] the program of state
supplementation to the Supplemental Security
Income Program provided for by the Social Security
Act and state law. He may delegate any of his
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 [aid to families with dependent children
program] TEMPORARY FAMILY ASSISTANCE PROGRAM, THE
STATE ADMINISTERED GENERAL ASSISTANCE PROGRAM and
the general assistance program. He 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 he 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 that of the previous fiscal year
under the [program of aid to families with
dependent children] TEMPORARY FAMILY ASSISTANCE
PROGRAM, 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, [and] June
30, 1997, JUNE 30, 1998, AND JUNE 30, 1999, 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 [aid to families with dependent children]
TEMPORARY FAMILY ASSISTANCE program, 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) Effective July 1, 1995, for a family
living in subsidized housing, eight per cent of
the standard of need, which represents the value
of the subsidized housing, shall be counted as
income in determining the benefit payment.
Effective January 1, 1996, for families subject to
time limited benefits pursuant to subsection (b)
of section 17b-112 and living in subsidized
housing, the benefit payment shall be reduced by
eight per cent of the payment standard.]
(d) FOR A FAMILY LIVING IN SUBSIDIZED HOUSING,
INCOME SHALL BE ATTRIBUTED TO SUCH FAMILY WHICH
SHALL BE EIGHT PER CENT OF THE STANDARD OF NEED
FOR SUCH FAMILIES SUBJECT TO FILL THE GAP
BUDGETING, AND EIGHT PER CENT OF THE PAYMENT
STANDARD FOR SUCH FAMILIES NOT SUBJECT TO FILL THE
GAP BUDGETING. FOR PURPOSES OF THIS SUBSECTION,
"FILL THE GAP BUDGETING" IS A METHOD OF
CALCULATING BENEFITS UNDER THE TEMPORARY FAMILY
ASSISTANCE PROGRAM WHEREBY COUNTABLE INCOME IS
SUBTRACTED FROM THE STANDARD OF NEED AND A
PERCENTAGE OF THE DIFFERENCE IS PAID TO THE
FAMILY.
Sec. 49. Section 17b-106 of the general
statutes is repealed and the following is
substituted in lieu thereof:
On July 1, 1985, the Commissioner of Social
Services shall increase the adult payment
standards for the state supplement to the federal
Supplemental Security Income Program by four and
three-tenths per cent over the standards for the
fiscal year ending June 30, 1985, provided the
commissioner shall apply the appropriate
disregards. Notwithstanding the provisions of any
regulation to the contrary, effective July 1,
1994, the commissioner shall reduce the
appropriate unearned income disregard for
recipients of the state supplement to the federal
Supplemental Security Income Program by seven per
cent, provided if sufficient funds are available
within accounts in the Department of Social
Services and are transferred to the old age
assistance account, the aid to the blind account
and the aid to the disabled account, the
commissioner shall increase the unearned income
disregard for recipients of the state supplement
to the federal Supplemental Security Income
Program to a level not to exceed that in effect on
June 30, 1994. On July 1, 1989, and annually
thereafter, the Commissioner of Social Services
shall increase the adult payment standards over
those of the previous fiscal year for the state
supplement to the federal Supplemental Security
Income 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 adult payment standards
for the fiscal years ending June 30, 1993, June
30, 1994, June 30, 1995, June 30, 1996, [and] June
30, 1997, JUNE 30, 1998, AND JUNE 30, 1999, shall
not be increased. Effective October 1, 1991, the
coverage of excess utility costs for recipients of
the state supplement to the federal Supplemental
Security Income Program is eliminated.
Sec. 50. Section 17b-108 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Social Services shall
conduct annual cross-matches of all or a selected
group of the records of recipients of PUBLIC
assistance [under this chapter or section 17b-19,
17b-22, 17b-63 to 17b-65, inclusive, 17b-75 to
17b-77, inclusive, 17b-79 to 17b-103, inclusive,
17b-114 to 17b-138, inclusive, 17b-180 to 17b-183,
inclusive, 17b-220 to 17b-250, inclusive, 17b-256,
17b-259 to 17b-287, inclusive, 17b-340 to 17b-350,
inclusive, 17b-357 to 17b-362, inclusive, 17b-600
to 17b-604, inclusive, 17b-689 to 17b-693,
inclusive, 17b-743 to 17b-747, inclusive, 17b-807
or 17b-808] AND STATE ADMINISTERED GENERAL
ASSISTANCE with the records of other agencies or
financial institutions in this state and in
bordering states to determine whether such
recipients are eligible for and are receiving
correct amounts of assistance. The selection of
which groups of recipients and which records to
cross-match shall be based on criteria established
by the commissioner. Financial institutions shall
furnish such information as the commissioner
determines is necessary to conduct a feasible
cross-match pursuant to this section and shall
respond to requests for information and
cross-matching data within forty-five days of the
request by the commissioner.
(b) Financial institutions shall not
discriminate against recipients selected for
cross-matching pursuant to this section.
Sec. 51. Section 17b-109 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Commissioner of Social Services shall
provide photo identification cards to recipients
in the [aid to families with dependent children]
TEMPORARY FAMILY ASSISTANCE program who receive
assistance checks and to heads of households and
their authorized representatives in the food stamp
program. [by July 1, 1986.] The commissioner may
contract with public or private organizations for
the provision of such cards.
Sec. 52. Section 17b-111 of the general
statutes is repealed and the following is
substituted in lieu thereof:
On and after July 1, 1998, the commissioner
shall implement a [state-wide] 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 BY
THIS ACT. 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. [A town shall be
responsible for the certification of a medical
bill for a recipient of the state general
assistance program.]
Sec. 53. Section 17b-114 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Subject to federal approval, as a condition of
receiving a special need benefit to cover the cost
of a security deposit, a recipient of assistance
under the [aid to families with dependent
children] TEMPORARY FAMILY ASSISTANCE program OR
THE STATE ADMINISTERED GENERAL ASSISTANCE PROGRAM
or the program of state supplementation to the
Supplemental Security Income Program shall sign an
agreement with the Commissioner of Social Services
stating that the security deposit and accrued
interest, less the value of any damages suffered
by the landlord due to the recipient's failure to
comply with his obligations as a tenant pursuant
to section 47a-21, shall be paid by the landlord
to the Department of Social Services when the
recipient vacates the housing for which the
deposit is paid. The recipient shall notify the
commissioner of the date such housing is vacated.
If the landlord claims the right to withhold all
or part of the security deposit or interest, he
shall comply with the applicable provisions of
section 47a-21, except any notice required shall
be sent to the tenant and to the Commissioner of
Social Services. If the landlord fails to return
the deposit to the Department of Social Services
or to account to the department for any amount
withheld within the time limits set forth in
section 47a-21, the department may refer the
matter to the bureau of collection services for
payment to the state of the deposit, interest and
such other damages as are available to tenants
under said section. Notwithstanding the provisions
of subsection (d) of section 47a-21, for purposes
of taking such action on behalf of the state, the
department and the Bureau of Collection Services
are not required to give notice of a forwarding
address. A recipient of a special need benefit to
cover the cost of a security deposit who agrees
the deposit shall be returned to the department
pursuant to this section shall be eligible for a
subsequent such special need benefit at any time
the recipient meets the eligibility criteria for
the special need benefit for emergency housing set
forth in subsection (a) of section 17b-808, AS
AMENDED BY THIS ACT.
Sec. 54. Section 17b-116 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Each person who has not estate sufficient
for his support, and has no relatives of
sufficient ability who are obliged by law to
support him, shall be provided for and supported
to the extent required under the [provisions of
sections 17b-19, 17b-63 to 17b-65, inclusive,
17b-115 to 17b-138, inclusive, 17b-220 to 17b-250,
inclusive, 17b-256, 17b-259, 17b-263, 17b-287,
17b-340 to 17b-350, inclusive, 17b-689 to 17b-693,
inclusive, and 17b-743 to 17b-747, inclusive, and
section 17b-78] GENERAL ASSISTANCE PROGRAM at the
expense of the town in which he resides, except as
otherwise provided in this section, or, if he has
no residence, of the town in which he becomes in
need of aid, subject to the provisions of section
17b-118, AS AMENDED BY THIS ACT, subsection (a) of
section 17b-689, AS AMENDED BY THIS ACT, and in
accordance with section 17b-220, AS AMENDED BY
THIS ACT, except that in making a determination of
liability for support under this section the
income of a stepparent living in the same home as
a dependent child or dependent children shall be
considered in the same manner and to the same
extent as under the [aid to families with
dependent children program pursuant to section
17b-180] TEMPORARY FAMILY ASSISTANCE PROGRAM.
Additionally, each person shall be: (1) Eighteen
years of age or older; (2) a minor found by a
court to be emancipated pursuant to section
46b-150; (3) under eighteen years of age and a
member of a family eligible for general
assistance; or (4) under eighteen years of age and
the commissioner determines good cause for such
person's eligibility. [Any] PRIOR TO JULY 1, 1997,
ANY such person who enters an institution, or a
series of institutions, shall be provided for and
supported at the expense of the town in which he
resided at the time he entered such institution or
institutions for sixty days following his
discharge from such institution or institutions.
If a town is liable for any part of the cost of
the institutionalization of such person, the town
in which such person resided at the time he
entered the institution or institutions shall be
liable for such cost. Upon the admission of any
such person to a state-operated facility, as
defined in section 17a-458, those persons
responsible for the person's discharge planning
shall contact the town in which such person
resided prior to entering such facility and make
arrangements for the support of such person by
that town for sixty days following his discharge
from such facility. As used herein, the term
"reside" means "occupy an established place of
abode" and "institution" means a health or mental
health residential facility such as a hospital or
nursing home or any nonpermanent housing facility
such as a halfway house or shelter for battered
women. When such person is in need of hospital
care, it shall be similarly provided subject to
the provisions of section 17b-259, AS AMENDED BY
THIS ACT. A person who is a recipient of financial
aid under section 17b-107 or [section 17b-22,
17b-75 to 17b-77, inclusive, 17b-79 to 17b-103,
inclusive, 17b-114, 17b-180 to 17b-183, inclusive,
17b-260 to 17b-262, inclusive, 17b-264 to 17b-285,
inclusive, 17b-357 to 17b-362, inclusive, 17b-600
to 17b-604, inclusive, 17b-807 or 17b-808] THE
TEMPORARY FAMILY ASSISTANCE PROGRAM, THE STATE
ADMINISTERED GENERAL ASSISTANCE PROGRAM OR THE
STATE SUPPLEMENT PROGRAM or [of] social security
disability or supplemental security income shall
be considered to be provided for by the state or
federal government. On and after September 4,
1991, no such person shall be eligible to receive
general assistance financial or medical aid. No
town shall be liable to supplement a recipient of
financial aid under section 17b-107 or [section
17b-22, 17b-75 to 17b-77, inclusive, 17b-79 to
17b-103, inclusive, 17b-114, 17b-180 to 17b-183,
inclusive, 17b-260 to 17b-262, inclusive, 17b-264
to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
or 17b-808] UNDER THE TEMPORARY FAMILY ASSISTANCE
PROGRAM, THE STATE ADMINISTERED GENERAL ASSISTANCE
PROGRAM OR THE STATE SUPPLEMENT PROGRAM whose
award has been reduced or suspended or who has
been penalized with a period of ineligibility,
during such period of ineligibility. A person who
is a recipient of [medical aid under section
17b-107 or section 17b-22, 17b-75 to 17b-77,
inclusive, 17b-79 to 17b-103, inclusive, 17b-114,
17b-180 to 17b-183, inclusive, 17b-260 to 17b-262,
inclusive, 17b-264 to 17b-285, inclusive, 17b-357
to 17b-362, inclusive, 17b-600 to 17b-604,
inclusive, 17b-807 or 17b-808] MEDICAID shall be
considered to have his medical needs provided for
by the state and no such person shall be eligible
to receive general assistance medical aid.
(b) On and after April 1, 1984, no town shall
refuse to accept an application for general
assistance or general assistance medical benefits
because a person is deemed not to be a resident.
In such a case, the town shall accept the
application and contact the Department of Social
Services. The department shall arrange to have the
application transferred to the appropriate town of
residence. If a dispute arises between two towns
as to liability for support, the dispute shall be
referred to the Commissioner of Social Services in
accordance with the provisions of section 17b-134,
AS AMENDED BY THIS ACT.
(c) Except as provided in sections 17b-125, AS
AMENDED BY THIS ACT, and 17b-126, a person whose
assets exceed two hundred fifty dollars shall not
be eligible for assistance pursuant to this
section or section 17b-259, AS AMENDED BY THIS
ACT. The Commissioner of Social Services may adopt
regulations, in accordance with chapter 54, to
implement the provisions of this subsection.
(d) On and after September 4, 1991, if an
individual sponsors a person admitted as a
resident of the United States, such individual's
income shall be deemed to be available for the
support of the person for three years from the
date the person enters the United States.
(e) [Only persons] PERSONS domiciled and
residing in Connecticut or who have no other
residence, and who are United States citizens or
who have been admitted as [residents] QUALIFIED
ALIENS, AS DEFINED IN SECTION 431 OF PUBLIC LAW
104-193, into the United States PRIOR TO AUGUST
22, 1996, shall be eligible for support under the
general assistance program. A QUALIFIED ALIEN
ADMITTED INTO THE UNITED STATES ON OR AFTER AUGUST
22, 1996, OR OTHER LAWFULLY RESIDING IMMIGRANT
ALIEN DETERMINED ELIGIBLE FOR GENERAL ASSISTANCE
PRIOR TO JULY 1, 1997, SHALL REMAIN ELIGIBLE FOR
SUCH ASSISTANCE UNTIL JULY 1, 1999. QUALIFIED
ALIENS OR OTHER LAWFULLY RESIDING IMMIGRANT ALIENS
ADMITTED INTO THE UNITED STATES ON OR AFTER AUGUST
22, 1996, AND NOT DETERMINED ELIGIBLE FOR
ASSISTANCE PRIOR TO JULY 1, 1997, SHALL BE
ELIGIBLE FOR SUCH ASSISTANCE SUBSEQUENT TO SIX
MONTHS FROM ESTABLISHING RESIDENCY IN THIS STATE
UNTIL JULY 1, 1999. QUALIFIED ALIENS MUST PURSUE
CITIZENSHIP TO THE MAXIMUM EXTENT ALLOWED BY LAW
AS A CONDITION OF ELIGIBILITY FOR THE GENERAL
ASSISTANCE PROGRAM UNLESS INCAPABLE OF DOING SO
DUE TO A MEDICAL PROBLEM, LANGUAGE BARRIER OR
OTHER REASON AS DETERMINED BY THE COMMISSIONER OF
SOCIAL SERVICES. NOTWITHSTANDING THE PROVISIONS OF
THIS SUBSECTION, ANY QUALIFIED ALIEN OR OTHER
LAWFULLY RESIDING IMMIGRANT ALIEN WHO IS A VICTIM
OF DOMESTIC VIOLENCE OR WHO HAS MENTAL RETARDATION
SHALL BE ELIGIBLE FOR GENERAL ASSISTANCE.
(f) No person who is a substance abuser and
refuses or fails to enter available, appropriate
treatment shall be eligible for financial
assistance under the general assistance program
until such person enters treatment.
(g) No person whose benefits from the aid to
families with dependent children program, OR THE
TEMPORARY FAMILY ASSISTANCE PROGRAM, OR THE STATE
ADMINISTERED GENERAL ASSISTANCE PROGRAM have
terminated as a result of time-limited benefits
[received pursuant to section 17b-112] OR FOR
COMPLIANCE WITH A PROGRAM REQUIREMENT shall be
eligible for financial assistance under the
general assistance program OR THE STATE
ADMINISTERED GENERAL ASSISTANCE PROGRAM.
(h) A town may provide assistance additional
to that required under the [provisions of sections
17b-19, 17b-63 to 17b-65, inclusive, 17b-115 to
17b-138, inclusive, 17b-220 to 17b-250, inclusive,
17b-256, 17b-259, 17b-263, 17b-287, 17b-340 to
17b-350, inclusive, 17b-689 to 17b-693, inclusive,
and 17b-743 to 17b-747, inclusive] GENERAL
ASSISTANCE PROGRAM. No such additional assistance
shall be considered income in determining whether
a person is eligible for assistance under said
[sections] PROGRAMS. Any such additional
assistance shall be paid by the town without any
reimbursement from the state. Each town which
offers such additional assistance shall notify the
commissioner of the assistance to be provided and
the eligibility criteria for such assistance.
Sec. 55. Section 17b-118 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) No assistance or care shall be given under
sections 17b-19, 17b-111, AS AMENDED BY THIS ACT,
17b-115 to 17b-133, inclusive, [17b-259, 17b-263
and 17b-689 to 17b-693, inclusive] AS AMENDED BY
THIS ACT, to an employable person [who has not
registered with the nearest local employment
agency of the Labor Department, has refused to
accept a position for which he is fitted and which
he is able to accept, or has refused to
participate or wilfully failed to report for work
in a work program or training or education
program, pursuant to section 17b-689,] by the
STATE OR THE town liable to support such person in
accordance with sections 17b-111, AS AMENDED BY
THIS ACT, 17b-116, AS AMENDED BY THIS ACT, and
17b-134, [. The provisions of this section shall
not apply to any person who cannot register with
such employment agency because of being over
sixty-five years of age, health or other
disability as determined by the commissioner] AS
AMENDED BY THIS ACT. On and after July 1, 1995,
financial assistance granted under [sections
17b-19, 17b-63 to 17b-65, inclusive, 17b-115 to
17b-138, inclusive, 17b-220 to 17b-250, inclusive,
17b-256, 17b-259, 17b-263, 17b-287, 17b-340 to
17b-350, inclusive, 17b-689 to 17b-693, inclusive,
and 17b-743 to 17b-747, inclusive, to an
employable person who is not job-ready, as defined
in section 17b-689] 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, AS AMENDED BY THIS ACT, 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. [At the end of such
twenty-four-month period of eligibility, an
employable person who is not job-ready may
petition the commissioner every twelve months for
a six-month extension of such eligibility for good
cause, as determined by the commissioner. On and
after September 1, 1996, no such financial
assistance shall be granted to an employable
person who is job-ready, as defined in section
17b-689, except those persons otherwise eligible
with dependent children under eighteen years of
age. An employable person who is job-ready shall
be referred to the grant program administered by
the Labor Department for services provided
pursuant to section 17b-689a. A person determined
to be unemployable who is subsequently determined
to be employable but not job-ready shall be
eligible for the assistance provided to an
employable person who is not job-ready under the
general assistance program from the date he is
determined employable.] 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-19, 17b-63 to 17b-65, inclusive,
17b-111, AS AMENDED BY THIS ACT, 17b-115 to
17b-138, inclusive, AS AMENDED BY THIS ACT,
17b-220 to 17b-250, inclusive, AS AMENDED BY THIS
ACT, 17b-256, 17b-259, AS AMENDED BY THIS ACT,
17b-263, 17b-287, 17b-340 to 17b-350, inclusive,
[17b-689 to 17b-693, inclusive] AS AMENDED BY THIS
ACT, and 17b-743 to 17b-747, inclusive, AS AMENDED
BY THIS ACT, 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
[employable] A TRANSITIONAL INDIVIDUAL may
petition the commissioner to review the
determination of his [employability] 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 [an employable] 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. 56. Section 17b-118a of the general
statutes is repealed and the following is
substituted in lieu thereof:
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
[aid to families with dependent children]
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
general assistance in the amount of assistance
such person would be eligible for under the [aid
to families with dependent children] TEMPORARY
FAMILY ASSISTANCE program.
Sec. 57. Section 17b-123 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) No person shall receive support from any
town until he has made a written request therefor
to the selectmen, on an application form
prescribed and furnished by the Commissioner of
Social Services, which form shall provide for the
applicant's authorization for disclosure of
information concerning [his] ANY application HE
HAS MADE for assistance under [sections 17b-22,
17b-75 to 17b-77, inclusive, 17b-79 to 17b-103,
inclusive, 17b-114, 17b-180 to 17b-183, inclusive,
17b-260 to 17b-262, inclusive, 17b-264 to 17b-285,
inclusive, 17b-357 to 17b-362, inclusive, 17b-600
to 17b-604, inclusive, 17b-807 and 17b-808] THE
STATE SUPPLEMENT PROGRAM, MEDICAL ASSISTANCE
PROGRAM, TEMPORARY FAMILY ASSISTANCE PROGRAM,
STATE ADMINISTERED GENERAL ASSISTANCE PROGRAM OR
FOOD STAMPS PROGRAM and for inclusion of certain
information, including, but not limited to the
applicant's age, sex, place of birth, citizenship,
social security number, profession, marital status
and immediate past employer and a full disclosure
of his financial condition, except that such
written request, in the case of a person receiving
hospital or medical care under the provisions of
section 17b-259, AS AMENDED BY THIS ACT, may also
be made by a member of the person's immediate
family or a medical provider in accordance with
said section. The selectmen may require the person
to verify his residence for the past twelve
months. The person shall certify that all
statements in the application are true and correct
and any person who makes a false statement in such
application form as to such financial condition or
in any way deceives such selectmen in relation
thereto shall be subject to the penalty provided
in section 17b-127 and shall pay just damages to
the town if it has sustained loss as a result of
such deceit. A town shall have ten days to review
such application and make an eligibility
determination, EXCEPT IF A PERSON IS DEEMED TO
HAVE A NEED FOR EMERGENCY FOOD OR EMERGENCY
MEDICAL CARE, A TOWN SHALL REVIEW SUCH PERSON'S
REQUEST AND MAKE AN ELIGIBILITY DETERMINATION
WITHIN FOUR DAYS OF SUCH REQUEST.
(b) If a person receiving support from a town
under [sections 17b-19, 17b-63 to 17b-65,
inclusive, 17b-115 to 17b-138, inclusive, 17b-220
to 17b-250, inclusive, 17b-256, 17b-259, 17b-263,
17b-287, 17b-340 to 17b-350, inclusive, 17b-689 to
17b-693, inclusive, and 17b-743 to 17b-747,
inclusive,] THE GENERAL ASSISTANCE PROGRAM
receives property, wages, income or resources of
any kind, such person, within fifteen days after
obtaining knowledge of or receiving such property,
wages, income or resources, shall notify the
public official charged with the administration of
general assistance in the town thereof in writing.
Any change in the information which was furnished
on the application form shall also be reported to
such official, in writing, within fifteen days of
the occurrence of such change.
Sec. 58. Section 17b-125 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) No resident of a town shall be deemed to
be ineligible to receive relief from such town by
reason of having an interest in real property,
provided such real property (1) is maintained as
such resident's primary home or (2) would not be
counted in determining eligibility for assistance
under [sections 17b-22, 17b-75 to 17b-77,
inclusive, 17b-79 to 17b-103, inclusive, 17b-114,
17b-180 to 17b-183, inclusive, 17b-260 to 17b-262,
inclusive, 17b-264 to 17b-285, inclusive, 17b-357
to 17b-362, inclusive, 17b-600 to 17b-604,
inclusive, 17b-807 and 17b-808] THE STATE
SUPPLEMENT PROGRAM, MEDICAL ASSISTANCE PROGRAM,
TEMPORARY FAMILY ASSISTANCE PROGRAM OR FOOD STAMPS
PROGRAM, and provided such resident shall deliver
to such town, through its board of selectmen, an
agreement executed and acknowledged in the form
and manner required for the transfer of an
interest in real property to reimburse such town
for all amounts so paid to such resident or
expended by such town on his behalf for
maintenance, care or support, with interest at the
rate of four per cent per annum. Such agreement
shall describe by metes and bounds, and by street
number and lot number, if any, the real property
in which such beneficiary has an interest and
shall be recorded in the land records of the town
or towns in which such real property is located,
and shall constitute a lien on such real property
which may, at any time during which such amounts
remain unpaid, be foreclosed in an action brought
by such town in a court of competent jurisdiction,
and such lien shall have precedence over all
subsequently recorded encumbrances, except tax
liens or other municipal liens of such towns. Such
lien shall be released by such town by its board
of selectmen upon payment of the amount, plus
interest, by it secured. The board of selectmen of
such town is authorized to adjust, remit or
cancel, in whole or in part, any interest accruing
under such lien, provided such procedure shall be
deemed necessary and beneficial to such town by
such selectmen and shall be so voted at a meeting
of such selectmen and a record of such vote
entered in the minutes of the meetings of such
board. Such board of selectmen is also authorized
to release such lien without payment of the amount
secured thereby, in whole or in part, provided
such procedure shall be deemed necessary and
beneficial to the town by such selectmen and shall
be so voted at a meeting of such selectmen and a
record of such vote entered in the minutes of the
meetings of such board. Upon the sale, after
foreclosure, of such real estate, or any part
thereof, and after complete satisfaction to such
town of the amount secured by such lien, plus
interest, together with all costs and expenses,
any balance remaining shall be paid over by such
selectmen to such resident or, if he is deceased,
to his estate. The board of selectmen of such town
is authorized to execute, in behalf of the town,
all releases, deeds and other instruments
necessary to carry out the provisions of this
section. Upon written request therefor, the
selectmen shall forthwith issue to the applicant a
statement of the amount due to be paid to cancel
such lien. No such lien shall be valid and
enforceable after the expiration of forty years
from the date it was recorded.
(b) Any lien created pursuant to the
provisions of subsection (a) of this section after
October 1, 1964, shall continue to be valid and
enforceable notwithstanding the expiration of
fifteen years from the date it was recorded.
Sec. 59. Subsection (b) of section 17b-134 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) At the end of each quarter, one of the
selectmen or the public official charged with the
administration of general assistance in each town
shall send to the Commissioner of Social Services,
in the form prescribed by said commissioner, a
statement of the cost to such town of general
assistance during such quarter, which report shall
be signed and sworn to by such selectman or public
official. Such report form shall be uniform
throughout the state and shall include, but not be
limited to, the following information: (1) The
approved budget of each town for general
assistance, (2) the number of applications
received, (3) compilation of data required under
section 17b-123, AS AMENDED BY THIS ACT, (4) the
extent to which recipients participated in work
relief programs, if any, (5) [reports required by
section 17b-691, (6)] the amount of the support
and medical aid furnished, [(7)] (6) the amount of
the town's share of the cost for inpatient
hospital and other medical services paid by the
Department of Social Services pursuant to section
17b-220, AS AMENDED BY THIS ACT, and [(8)] (7)
such other information the commissioner deems
necessary for the proper administration and
oversight of the general assistance program.
"Cost", as used herein, means the actual relief
expenditure made by such town for persons therein
or sent from such town to such licensed
institutions, including expenses, except
attorneys' fees, incurred in an appeal of a denial
of Supplemental Security Income Assistance as
provided in section 17b-119, but not including
administrative costs, provided the expenditures
for medical care shall not exceed the amounts set
forth in the various fee schedules promulgated by
the Commissioner of Social Services for medical,
dental and allied services and supplies or the
charges made for comparable services and supplies
to the general public, whichever is less. Upon
state processing and payment of medical claims
pursuant to this chapter, pharmaceutical
manufacturers shall be liable for rebates on
pharmaceutical products. Rebate amounts shall be
equal to those under the Medicaid program. The
process for computing and collecting such rebates
shall parallel such process in the Medicaid
program. Failure or refusal of a manufacturer to
pay rebate amounts billed may result in
elimination of coverage under [sections 17b-19,
17b-63 to 17b-65, inclusive, 17b-115 to 17b-138,
inclusive, 17b-220 to 17b-250, inclusive, 17b-256,
17b-259, 17b-263, 17b-287, 17b-340 to 17b-350,
inclusive, 17b-689 to 17b-693, inclusive, and
17b-743 to 17b-747, inclusive,] GENERAL ASSISTANCE
for all or some products of the manufacturer. Any
hospital receiving state aid shall charge a
uniform rate for paupers receiving medical
treatment or being supported or cared for in such
hospital under the provisions of this section, not
in excess of the rate established under the
provisions of section 17b-238 for room, board,
ordinary nursing care and routine medications and
not in excess of the daily average cost rate for
special professional services as established under
the provisions of subsection (b) of section
17b-239. The commissioner, if satisfied that the
statements are substantially true and if the town
has complied with the reporting requirements of
this section, shall certify them to the
Comptroller, who shall pay within sixty days of
receipt of such certification, subject to
subsequent audits, to the town for general
assistance expenditures, subject to section
17b-220, AS AMENDED BY THIS ACT, ninety per cent
for expenditures made prior to July 1, 1992, and
notwithstanding the provisions of section 2-32a,
eighty-five per cent for expenditures made on and
after July 1, 1992, eighty per cent for
expenditures made on and after July 1, 1993,
ninety per cent for expenditures made on and after
April 1, 1996, and one hundred per cent for
expenditures made on and after April 1, 1997. The
commissioner may reduce by twenty-five per cent
the amount otherwise payable to the town in
accordance with this section for any statement
which is submitted more than three months after
the close of the quarter for which the statement
was prepared. [Reimbursement for general
assistance payments to employable recipients shall
be subject to the requirements of sections 17b-118
and 17b-689. Such payment shall be in lieu of all
other payments to the town by way of reimbursement
for relief expenditures.] EFFECTIVE AUGUST 31,
1997, TOWNS SHALL NOT BE REIMBURSED FOR ASSISTANCE
PAID TO EMPLOYABLE PERSONS. If not satisfied, the
commissioner may reject such claim and shall
notify the selectmen or other public official
submitting the report of his decision.
Notwithstanding any other provision of this
section, the state shall charge the town for ten
per cent of the inpatient hospital expenses paid
prior to July 1, 1992, of a person who is
hospitalized and is eligible for or is receiving
general assistance benefits in the form of an
adjustment to the quarterly statement submitted by
the town pursuant to this section. Notwithstanding
the provisions of section 2-32a, (A) the state
shall charge the town for fifteen per cent of the
inpatient hospital and other medical expenses paid
on and after July 1, 1992, on behalf of any such
person in such form and (B) the state shall charge
the town for twenty per cent of the inpatient
hospital and other medical expenses paid on or
after July 1, 1993, ten per cent for such expenses
paid on or after April 1, 1996, and the state
shall not charge for such expenses on or after
April 1, 1997, on behalf of any person in such
form. Any town aggrieved by the action of the
commissioner may, within thirty days after receipt
of such notice, request a hearing before the
commissioner. The commissioner shall fix a time
and place for the hearing, which shall be not more
than thirty days after the receipt of such request
and notify the town of the time and place not
later than fifteen days before the date of the
hearing. The hearing shall be conducted in
accordance with the procedures established under
sections 4-176e, 4-177, 4-177c and 4-180 for
contested cases. The commissioner or the person
authorized by him to conduct the hearing shall
render a decision within thirty days after the
hearing and notify the town by mailing a copy of
the decision to the selectmen or the public
official charged with the administration of
general assistance. If the town is aggrieved by
the decision, it may appeal to the Superior Court
in accordance with the provisions of section
4-183.
Sec. 60. Section 17b-135 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Commissioner of Social Services shall
reimburse municipalities for general assistance
granted to applicants for financial assistance
[under sections 17b-22, 17b-75 to 17b-77,
inclusive, 17b-79 to 17b-103, inclusive, 17b-114,
17b-180 to 17b-183, inclusive, 17b-260 to 17b-262,
inclusive, 17b-264 to 17b-285, inclusive, 17b-357
to 17b-362, inclusive, 17b-600 to 17b-604,
inclusive, 17b-807 and 17b-808] at not more than
ninety per cent of the cost of such assistance
paid prior to July 1, 1992, not more than
eighty-five per cent of the cost of such
assistance paid on or after July 1, 1992, not more
than eighty per cent of the cost of such
assistance paid on or after July 1, 1993, ninety
per cent of the cost of such assistance paid on
and after April 1, 1996, and one hundred per cent
of the cost of such assistance paid on and after
April 1, 1997.
Sec. 61. Section 17b-137 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any person who has in his possession or
control any property of any person applying for or
presently or formerly receiving aid or care from
the state or who is indebted to such applicant or
recipient or has knowledge of any insurance,
including health insurance or property currently
or formerly belonging to him, or information
pertaining to eligibility for such aid or care,
and any officer who has control of the books and
accounts of any corporation which has possession
or control of any property belonging to any person
applying for or receiving such aid or care or who
is indebted to him, or has knowledge of any
insurance, including health insurance or any
person having in his employ any such person,
shall, upon presentation by the Commissioner of
Social Services, or the Commissioner of
Administrative Services, or the Commissioner of
Public Safety, or a support enforcement officer of
the Superior Court, or any person deputized by any
of them, of a certificate, signed by him, stating
that such applicant, recipient or employee has
applied for or is receiving or has received aid or
care from the state, make full disclosure to said
commissioner, such officer or such deputy of any
such property, insurance, wages, indebtedness or
information. At the request of the Commissioner of
Social Services, insurance companies licensed to
do business in Connecticut shall be required, when
compatible data elements are available, to conduct
automated data matches to identify insurance
coverage for recipients and the parents of
recipients who are minors. Upon completion of such
matches the commissioner shall reimburse such
companies for the reasonable documented costs of
conducting the matches. Such disclosure may be
obtained in like manner of the property, wages or
indebtedness of any person liable for the support
of any such applicant or recipient, including the
parents of any child receiving aid [under the
provisions of sections 17a-90 to 17a-124,
inclusive, 17a-145 to 17a-155, inclusive, 17a-175
to 17a-185, inclusive and 46b-151 to 46b-151g,
inclusive] THROUGH THE DEPARTMENT OF CHILDREN AND
FAMILIES, or one adjudged or acknowledged to be
the father of an illegitimate child. Any company
or any officer who has control of the books and
accounts of any corporation shall make full
disclosure to the support enforcement officer of
the Superior Court of any such property, wages or
indebtedness in all support cases. The
Commissioner of Social Services, the Commissioner
of Administrative Services, the Commissioner of
Public Safety or a support enforcement officer of
said court, or any person deputized by any of
them, may compel, by subpoena, the attendance and
testimony under oath of any person who refuses to
disclose in accordance with the provisions of this
section, or of any person liable for the support
of any such applicant or recipient who refuses to
disclose his own financial circumstances, and may
so compel the production of books and papers
pertaining to such information. The Commissioner
of Social Services may subpoena the financial
records of any financial institution concerning
property of any person applying for or presently
or formerly receiving aid or care from the state
or who is indebted to such applicant or recipient.
The Commissioner of Social Services may subpoena
such records of any parent or parents of any child
applying for or presently or formerly receiving
assistance under the [provisions of sections
17b-22, 17b-180 to 17b-183, inclusive, 17b-807 and
17b-808] AID TO FAMILIES WITH DEPENDENT CHILDREN
PROGRAM, THE TEMPORARY FAMILY ASSISTANCE PROGRAM
OR THE STATE ADMINISTERED GENERAL ASSISTANCE
PROGRAM. The commissioner, or a support
enforcement officer of said court, or the person
deputized by him shall set a time and place for
such examination, and any person summoned who,
without reasonable excuse, fails to appear and
testify or to produce such books and papers shall
be fined fifty dollars for each such offense.
Sec. 62. Section 17b-179 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) There is created within the Department of
Social Services the Bureau of Child Support
Enforcement. The bureau shall be administered by a
director and shall act as the single and separate
organizational unit to coordinate, plan and
publish the state child support enforcement plan
for the implementation of Title IV-D of the Social
Security Act, as amended, as required by federal
law and regulations. The bureau shall provide for
the development and implementation of all child
support services, including the administration of
withholding of earnings, in accordance with the
provisions of Title IV-D of the Social Security
Act, as amended.
(b) The Commissioner of Social Services shall,
in the manner provided in section 17b-81-82e,
investigate the financial condition of the parent
or parents of: (1) Any child applying for or
receiving assistance under the provisions of
sections [17b-22, 17b-180 to 17b-183, inclusive,]
17b-807, AS AMENDED BY THIS ACT, and 17b-808, AS
AMENDED BY THIS ACT, AND THE TEMPORARY ASSISTANCE
FOR NEEDY FAMILIES PROGRAM, WHICH MAY BE REFERRED
TO AS "TANF" FOR THE PURPOSES OF THIS SECTION, and
(2) any child seeking IV-D child support
enforcement services, and (3) any child committed
to the care of the Commissioner of Children and
Families who is receiving payments in the [aid to
families with dependent children] foster care
program, and shall determine the financial
liability of such parent or parents for the child.
The Bureau of Child Support Enforcement shall have
authority, upon notice to the obligor, to redirect
payments for the support of all such children to
the state of Connecticut, provided, upon
discontinuance of public assistance, payments
shall be distributed to the family.
(c) The Connecticut Child Support Enforcement
Bureau shall enter into cooperative agreements
with appropriate officials of the Judicial
Department and law enforcement officials to assist
in administering the child support enforcement
plan and with respect to other matters of common
concern in the area of child support enforcement.
Officers of the Judicial Department and law
enforcement officials authorized and required to
enter into cooperative agreements with the
Connecticut Child Support Enforcement Bureau
include, but are not limited to, the officials of
the Superior Court and the Attorney General. Such
cooperative agreements shall contain performance
standards to address the mandatory provisions of
both state and federal laws and federal
regulations concerning child support.
(d) The Connecticut Child Support Enforcement
Bureau shall have authority to determine on a
periodic basis whether any individuals who owe
child support obligations are receiving
unemployment compensation. In IV-D cases, the
bureau may authorize the collection of any such
obligations owed by an individual receiving
unemployment compensation through an agreement
with the individual or a court order pursuant to
section 52-362, under which a portion of the
individual's unemployment compensation is withheld
and forwarded to the Bureau of Collection
Services. As used in this section, the term
"unemployment compensation" means any compensation
payable under chapter 567, including amounts
payable by the administrator of the unemployment
compensation law pursuant to an agreement under
any federal law providing for compensation,
assistance or allowances with respect to
unemployment.
(e) The Child Support Enforcement Bureau shall
enter into purchase of service agreements with
other state officials, departments and agencies
which do not have judicial or law enforcement
authority, including but not limited to, the
Commissioner of Administrative Services, to assist
in administering the child support enforcement
plan. The Child Support Enforcement Bureau shall
have authority to enter into such agreements with
the labor commissioner and to withhold
unemployment compensation pursuant to subsection
(d) of this section and section 31-227.
(f) The Connecticut Child Support Enforcement
Bureau shall have the sole responsibility to make
referrals to the federal Parent Locator Service
established pursuant to 88 Stat. 2353 (1975), 42
USC 653, as amended, for the purpose of locating
deserting parents.
(g) The Connecticut Child Support Enforcement
Bureau shall have the sole responsibility to make
recommendations to the Governor and the General
Assembly for needed program legislation to ensure
implementation of Title IV-D of the Social
Security Act, as amended.
(h) The Connecticut Child Support Enforcement
Bureau shall provide, or arrange to provide
through one or more of the state offices,
departments and agencies the same services for
obtaining and enforcing child support orders in
cases in which children are not beneficiaries of
[the aid to families with dependent children
program] TANF as in cases where children are the
beneficiaries of such aid. Support services in
[non-AFDC] NON-TANF support cases will be provided
upon application to the Connecticut Bureau of
Child Support Enforcement by the person seeking to
enforce a child support obligation and the payment
of an application fee by such person, pursuant to
the provisions of subsection (i) of this section.
In addition to the application fee, the
Connecticut Child Support Enforcement Bureau may
assess costs incurred for the establishment,
enforcement or modification of a support order in
[non-AFDC] NON-TANF cases. Such assessment shall
be based on a fee schedule adopted by the
Department of Social Services pursuant to chapter
54. The fee schedule to be charged in [non-AFDC]
NON-TANF support cases shall be made available to
any individual upon request. The Child Support
Enforcement Bureau shall adopt procedures for the
notification of Superior Court judges and family
support magistrates when a fee has been assessed
an obligee for support services and a Superior
Court judge or a family support magistrate shall
order the obligor to pay any such assessment to
the Child Support Enforcement Bureau. In cases
where such order is not entered, the obligee shall
pay an amount based on a sliding scale not to
exceed the obligee's ability to pay. The
Department of Social Services shall adopt such
sliding scale pursuant to chapter 54.
(i) In [non-AFDC] NON-TANF child support
cases, the state shall impose an application fee
in an amount necessary to comply with federal law
and regulations under Title IV-D of the Social
Security Act. The amount of such fee shall be
established by regulations adopted, in accordance
with the provisions of chapter 54, by the
Commissioner of Social Services and shall not
exceed twenty-five dollars or such higher or lower
amount as the Secretary of the Department of
Health and Human Services may determine to be
appropriate for any fiscal year to reflect
increases or decreases in administrative costs.
The court in which a child support obligation is
sought to be enforced may order the obligor to
reimburse such application fee. Recipients of [aid
to families with dependent children] TANF or
Medicaid assistance whose eligibility for aid is
terminated shall be entitled to continuation of
child support enforcement services without
requiring an application or the payment of an
application fee.
(j) The Commissioner of Social Services is
authorized to accept for deposit in the General
Fund all allotments of federal funds, and to
conform to federal requirements necessary for the
receipt of federal matching grants and not
prohibited by the general statutes.
(k) Investigators employed by the Department
of Social Services shall, pursuant to authority
granted to such investigators by the commissioner,
make service of any summons, subpoena or citation
in IV-D support cases in the Superior Court or in
the Family Support Magistrate Division.
Investigators at the time of service shall
coordinate with the clerk of the Superior Court
and the assistant clerk of the Family Support
Magistrate Division in setting a date for
appearance before the court. When serving process
issued by such court, the date for such appearance
before the court shall be not less than twelve
days from the date of service.
(l) The Connecticut Child Support Enforcement
Bureau shall arrange to provide a single
centralized automated system for the reporting of
collections on all accounts established for the
collection of all IV-D support orders. Such
reporting shall be made available to the Family
Support Magistrate Division and to all state
agencies which have a cooperative agreement with
the IV-D agency.
(m) The Commissioner of Social Services shall
adopt regulations, in accordance with the
provisions of chapter 54, which shall establish
performance standards to address the mandatory
provisions of both state and federal laws and
federal regulations concerning child support as
well as establish additional standards that may be
deemed necessary in order to enhance child support
enforcement.
(n) Each year, on or before January first, the
IV-D agency shall submit to the joint standing
committees of the General Assembly having
cognizance of matters relating to judiciary and
human services a report on the execution of the
child support enforcement program, including the
status of compliance with established performance
standards, during the preceding fiscal year.
Sec. 63. Section 17b-180a of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Department of Social Services shall
implement an expedited application and eligibility
determination process for the [aid to families
with dependent children] TEMPORARY FAMILY
ASSISTANCE program to reduce general assistance
program expenditures for THOSE APPLICANTS
potentially eligible [aid to families with
dependent children families and individuals] FOR
TEMPORARY FAMILY ASSISTANCE.
Sec. 64. Section 17b-183 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Commissioner of Social Services shall
[seek a waiver from federal law for the purpose of
allowing] ALLOW a minor who is a recipient of [aid
to families with dependent children] TEMPORARY
FAMILY ASSISTANCE to retain assets for future
identifiable education expenses.
Sec. 65. Section 17b-184 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Commissioner of Social Services shall
establish a client advisory board for the purpose
of furthering the ability of recipients of [aid to
families with dependent children] TEMPORARY FAMILY
ASSISTANCE to become self-sufficient. The advisory
board shall be composed of a recipient of [aid to
families with dependent children] TEMPORARY FAMILY
ASSISTANCE from each region of the state to be
appointed by the commissioner. The advisory board
shall be initially convened by the commissioner,
ON OR BEFORE JANUARY 1, 1998, and shall thereafter
meet periodically. The board shall report its
findings and recommendations to the commissioner
twice each year.
Sec. 66. Section 17b-185 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Upon receipt of an application for benefits
under the [aid to families with dependent
children] TEMPORARY FAMILY ASSISTANCE program, the
Commissioner of Social Services shall assist such
applicants in securing age-appropriate and timely
immunizations and health screenings for their
children. A parent seeking assistance under such
program shall be referred to the appropriate
health agency where such immunizations and
screenings are available.
Sec. 67. Section 17b-220 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The general assistance policy manual adopted
pursuant to section 17b-10 shall provide that upon
determination by a town that a person in need of
medical assistance is eligible for or is receiving
general assistance benefits, the selectman or the
public official charged with the administration of
general assistance in the town shall certify the
person's eligibility and the accuracy of the
contents of the billing form to the Commissioner
of Social Services, except no bill for medical
services shall be certified for payment for
persons whose eligibility for benefits under
[sections 17b-22, 17b-75 to 17b-77, inclusive,
17b-79 to 17b-103, inclusive, 17b-114, 17b-180 to
17b-183, inclusive, 17b-260 to 17b-262, inclusive,
17b-264 to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808] THE MEDICAID PROGRAM is being
determined. On and after July 1, 1992, the
Commissioner of Social Services shall pay the
medical provider directly for the cost of
treatment provided to such person on or after June
1, 1992, and shall charge the town for ten per
cent of such cost paid prior to July 1, 1992, and
notwithstanding the provisions of section 2-32a,
shall charge the town fifteen per cent for the
cost of such treatment paid on and after July 1,
1992, shall charge the town twenty per cent for
the cost of such treatment paid on and after July
1, 1993, shall charge the town ten per cent for
the cost of such treatment incurred and paid on
and after April 1, 1996, and shall not charge the
town for such costs on and after April 1, 1997, in
the form of an adjustment to the quarterly
statement submitted by the town pursuant to
subsection (b) of section 17b-134, AS AMENDED BY
THIS ACT. Payments shall be made no earlier than
the first day of the quarter following the quarter
in which the bill was received by the Department
of Social Services. When a subsequent audit of the
town records shows that the town's certification
was submitted to the commissioner in error, ninety
per cent of the charge for treatment or
hospitalization paid prior to July 1, 1992, and
notwithstanding the provisions of section 2-32a,
eighty-five per cent of the charge for treatment
or hospitalization paid on or after July 1, 1992,
eighty per cent of the charge for treatment or
hospitalization paid on or after July 1, 1993, and
ninety per cent of the charge for treatment or
medical services incurred and paid on or after
April 1, 1996, and one hundred per cent of the
charge for treatment or medical services incurred
and paid on or after April 1, 1997, shall be shown
on the town's quarterly reimbursement request as
an adjustment due to the state pursuant to section
17b-78, AS AMENDED BY THIS ACT.
Sec. 68. Section 17b-257 of the general
statutes, as amended by section 1 of public act
97-143, is repealed and the following is
substituted in lieu thereof:
On and after July 1, 1998, the Commissioner of
Social Services shall implement a state medical
assistance program for persons ineligible for
[medical assistance under section 17b-107 or
sections 17b-260 to 17b-262, inclusive, 17b-264 to
17b-285, inclusive, and 17b-357 to 17b-362,
inclusive,] MEDICAID and on or before April 1,
1997, the commissioner shall implement said
program in the towns in which the fourteen
regional or district offices of the Department of
Social Services are located. The commissioner
shall establish a schedule for the transfer of
recipients of medical assistance administered by
towns under [sections 17b-19, 17b-63 to 17b-65,
inclusive, 17b-115 to 17b-138, inclusive, 17b-220
to 17b-250, inclusive, 17b-256, 17b-259, 17b-263,
17b-287, 17b-340 to 17b-350, inclusive, 17b-689 to
17b-693, inclusive, and 17b-743 to 17b-747,
inclusive,] THE GENERAL ASSISTANCE PROGRAM to the
state program. To the extent possible, the
administration of the state medical assistance
program shall parallel that of the Medicaid
program as it is administered to recipients of
[aid to families with dependent children]
TEMPORARY FAMILY ASSISTANCE, including eligibility
criteria concerning income and assets. Payment for
medical services shall be made only for
individuals determined eligible. The rates of
payment for medical services shall be those of the
Medicaid program. Medical services covered under
the program shall be those covered under the
Medicaid program, except long-term care and
services available pursuant to a home and
community-based services waiver under Section 1915
of the Social Security Act shall not be covered.
On or after April 1, 1997, the commissioner shall
implement a managed care program for medical
services provided under this program, except
services provided pursuant to section 17a-453a.
Notwithstanding the provisions of sections 4a-51
and 4a-57, the commissioner may enter into
contracts, including but not limited to, purchase
of service agreements to implement the provisions
of this section.
Sec. 69. Section 17b-259 of the general
statutes, as amended by section 2 of public act
97-143, is repealed and the following is
substituted in lieu thereof:
(a) Each town shall provide medically
necessary services by one or more competent
physicians for all persons twenty-one to
sixty-four years of age who are receiving general
assistance benefits from such town, or eligible to
be supported by such town, or unable to pay for
the same over a two-year period, when such persons
are in need thereof, and each town shall furnish
necessary hospitalization, in accordance with
section 17b-220, AS AMENDED BY THIS ACT, for all
such persons if such persons have not made, within
twenty-four months prior to the date of
application for such aid, an assignment or
transfer or other disposition of property for less
than fair market value, for the purpose of
establishing eligibility for benefits or
assistance under [sections 17b-19, 17b-63 to
17b-65, inclusive, 17b-115 to 17b-138, inclusive,
17b-220 to 17b-250, inclusive, 17b-256, 17b-259,
17b-263, 17b-287, 17b-340 to 17b-350, inclusive,
17b-689 to 17b-693, inclusive, and 17b-743 to
17b-747, inclusive] THE GENERAL ASSISTANCE
PROGRAM. Any such disposition shall be presumed to
have been made for the purpose of establishing
eligibility for benefits or assistance unless such
person furnishes convincing evidence to establish
that the transaction was exclusively for some
other purpose. Ineligibility because of such
disposition shall continue only for either (1)
twenty-four months after the date of disposition
or (2) that period of time from the date of
disposition over which the fair market value of
such property, less any consideration received in
exchange for its disposition, together with all
other income and resources, would furnish support
on a reasonable standard of health and decency,
whichever period is shorter, except that in any
case where the uncompensated value of disposed of
resources exceeds twelve thousand dollars, the
Commissioner of Social Services shall provide for
a period of ineligibility based on the
uncompensated value which exceeds twenty-four
months. The ability of a person to pay for
medically necessary services over a two-year
period shall be determined by a town in accordance
with regulations adopted by the Department of
Social Services in accordance with the provisions
of chapter 54, provided income in excess of the
maximum income levels established pursuant to such
regulations and any assets in excess of two
hundred fifty dollars shall be applied toward
medical bills incurred during the two-year period
and assistance shall be granted only for the
remaining balance of the cost of medically
necessary services. Any recipient who becomes
ineligible for benefits under [sections 17b-19,
17b-63 to 17b-65, inclusive, 17b-115 to 17b-138,
inclusive, 17b-220 to 17b-250, inclusive, 17b-256,
17b-259, 17b-263, 17b-287, 17b-340 to 17b-350,
inclusive, 17b-689 to 17b-693, inclusive, and
17b-743 to 17b-747, inclusive,] THE GENERAL
ASSISTANCE PROGRAM due to employment may continue
to receive medical assistance for up to three
months. Persons under twenty-one or over
sixty-four years of age who are otherwise eligible
under this section and who have applied for
Medicaid but have not yet been determined eligible
by the Department of Social Services, may receive
assistance under this section. Any person
receiving medical treatment or hospitalization
under this section shall make to the selectmen
full disclosure of his financial condition as
provided in section 17b-123, AS AMENDED BY THIS
ACT. A completed application for medical
assistance under this section may be filed by the
person seeking assistance, a member of such
person's immediate family or a medical provider,
including a physician or a hospital, within sixty
days of commencement of treatment or
hospitalization. A town shall be liable for
medical bills only for those persons whose
eligibility can be determined in accordance with
standards established pursuant to section 17b-78,
AS AMENDED BY THIS ACT, and those persons under
twenty-one or over sixty-four years of age who are
otherwise eligible under this section and who have
applied for Medicaid but have not yet been
determined eligible by the Department of Social
Services. No applicant who may be eligible for a
third-party payment to which he is entitled,
including private insurance, hospital or medical
service corporation benefits, veterans' benefits,
Medicare and [medical assistance pursuant to
sections 17b-260 to 17b-262, inclusive, 17b-264 to
17b-285, inclusive, and 17b-357 to 17b-362,
inclusive,] MEDICAID shall be eligible for general
assistance medical aid until he has completed the
application process for such benefits. On and
after October 1, 1991, a town shall not be liable
for payment of the applicant's medical bills if
the applicant fails to provide sufficient
documentation to determine his eligibility for
such benefits. Failure of a person or a legally
liable relative of the person to cooperate in the
general assistance application process shall not
prevent payment to a medical provider for services
rendered to the person if adequate information is
otherwise available to determine the person's
eligibility under this section. On or after April
1, 1997, the commissioner shall implement a
managed care program for medical services provided
under this program, except services provided
pursuant to section 17a-453a. Notwithstanding the
provisions of sections 4a-51 and 4a-57, the
commissioner may enter into contracts, including
but not limited to, purchase of service agreements
to implement the provisions of this section.
(b) The medical services for which a town
shall be liable under this section and for which a
town shall be reimbursed by the state shall be
limited to the following medically necessary
services provided such services are covered under
the Medicaid program: [pursuant to sections
17b-22, 17b-75 to 17b-77, inclusive, 17b-79 to
17b-103, inclusive, 17b-114, 17b-180 to 17b-183,
inclusive, 17b-260 to 17b-262, inclusive, 17b-264
to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808:] (1) Physician services, (2) hospital
services, on an inpatient basis subject to the
provisions of section 17b-220, AS AMENDED BY THIS
ACT, and outpatient care, (3) community clinic
services, (4) prescription drugs, excluding
over-the-counter drugs, (5) glasses, (6) hearing
aids, (7) laboratory and x-ray services, (8)
emergency dental services, (9) emergency medical
transportation, and (10) examinations (A) needed
to determine [employability for participation in a
work program pursuant to section 17b-689, (B)
required by a prospective employer but not paid
for by such employer, or (C)] UNEMPLOYABILITY, OR
(B) requested by an attorney to establish the
eligibility of a person receiving general
assistance benefits for federal supplementary
security income benefits pursuant to section
17b-119. In lieu of providing medical services, in
accordance with this section, a town or group of
towns may submit a plan to the Department of
Social Services for approval to provide medical
services in some other manner. The department
shall approve the plan only if the persons served
under it receive at least the services listed in
this subsection and the plan offers the
possibility of improved medical care or cost
savings. The department shall encourage a town or
group of towns to contract for the management of
such medically necessary services.
Sec. 70. Section 17b-261 of the general
statutes, as amended by section 3 of public act
97-288, is repealed and the following is
substituted in lieu thereof:
(a) Medical assistance shall be provided for
any otherwise eligible person whose income,
including any available support from legally
liable relatives and the income of his spouse or
dependent child, is not more than one hundred
forty-three per cent, pending approval of a
federal waiver applied for pursuant to subsection
(d) of this section, of the benefit amount paid to
a person with no income under the [aid to families
with dependent children] TEMPORARY FAMILY
ASSISTANCE program in the appropriate region of
residence and if such person is an
institutionalized individual as defined in Section
1917(c) of the Social Security Act, 42 USC
1396p(c), and has not made an assignment or
transfer or other disposition of property for less
than fair market value for the purpose of
establishing eligibility for benefits or
assistance under this section. Any such
disposition shall be treated in accordance with
Section 1917(c) of the Social Security Act, 42 USC
1396p(c). Any disposition of property made on
behalf of an applicant or recipient or his spouse
by a guardian, conservator, person authorized to
make such disposition pursuant to a power of
attorney or other person so authorized by law
shall be attributed to such applicant, recipient
or spouse. A disposition of property ordered by a
court shall be evaluated in accordance with the
standards applied to any other such disposition
for the purpose of determining eligibility. The
commissioner shall establish the standards for
eligibility for medical assistance at one hundred
forty-three per cent of the benefit amount paid to
a family unit of equal size with no income under
the [aid to families with dependent children]
TEMPORARY FAMILY ASSISTANCE program in the
appropriate region of residence, pending federal
approval, except that the medical assistance
program shall provide coverage to persons under
the age of nineteen born after September 30,
[1983] 1981, up to one hundred eighty-five per
cent of the federal poverty level without an asset
limit. ON AND AFTER JULY 1, 1998, SAID MEDICAL
ASSISTANCE PROGRAM SHALL PROVIDE COVERAGE TO
PERSONS UNDER THE AGE OF NINETEEN BORN AFTER JUNE
30, 1981, OR IF POSSIBLE WITHIN AVAILABLE
APPROPRIATIONS, BORN AFTER JUNE 30, 1980, WITH
FAMILY INCOME UP TO ONE HUNDRED EIGHTY-FIVE PER
CENT OF THE FEDERAL POVERTY LEVEL WITHOUT AN ASSET
LIMIT. Such levels shall be based on the regional
differences in such benefit amount, if applicable,
unless such levels based on regional differences
are not in conformance with federal law. Any
income in excess of the applicable amounts shall
be applied as may be required by said federal law,
and assistance shall be granted for the balance of
the cost of authorized medical assistance. All
contracts entered into on and after the effective
date of [this act] PUBLIC ACT 97-288 pursuant to
this section shall include provisions for
collaboration of managed care organizations with
the Healthy Families Connecticut Program
established pursuant to section 17a-56, as amended
by section 2 of [this act. The commissioner may,
as permitted by federal law, extend by six months
the eligibility for assistance or benefits under
this section to former recipients of aid to
families with dependent children who would
otherwise become ineligible to receive such
benefits or assistance due to the loss of
federally applicable disregards on earnings]
PUBLIC ACT 97-288. The Commissioner of Social
Services shall provide applicants for assistance
under this section, at the time of application,
with a written statement advising them of the
effect of an assignment or transfer or other
disposition of property on eligibility for
benefits or assistance.
(b) For the purposes of [sections 17b-260 to
17b-262, inclusive, 17b-264 to 17b-285, inclusive,
and sections 17b-357 to 17b-362, inclusive] THE
MEDICAID PROGRAM, the Commissioner of Social
Services shall consider parental income and
resources as available to a child under eighteen
years of age who is living with his parents and is
blind or disabled [, as defined in sections
17b-22, 17b-75 to 17b-77, inclusive, 17b-79 to
17b-103, inclusive, 17b-114, 17b-180 to 17b-183,
inclusive, 17b-260 to 17b-262, inclusive, 17b-264
to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808] FOR PURPOSES OF THE MEDICAID PROGRAM,
or to any other child under twenty-one years of
age who is living with his parents.
(c) On or before January 15, 1994, and
annually thereafter, the Department of Social
Services shall submit a report to the General
Assembly in accordance with section 11-4a which
sets forth the following: The number of children
receiving Medicaid services; the number of
children receiving medical treatment at any state
or municipal health care facility; the number of
doctors and dentists participating in state or
municipally-funded programs; and the percentage of
children treated in medical programs whose family
income is less than one hundred thirty-three per
cent of the federal poverty level and the number
whose family income is greater than one hundred
thirty-three per cent but not more than one
hundred eighty-five per cent of the federal
poverty level. On and after October 1, 1996, the
report shall be submitted to the joint standing
committee of the General Assembly having
cognizance of matters relating to human services
and, upon request, to any member of the General
Assembly. A summary of the report shall be
submitted to each member of the General Assembly
if the summary is two pages or less and a
notification of the report shall be submitted to
each member if the summary is more than two pages.
Submission shall be by mailing the report, summary
or notification to the legislative address of each
member of the committee or the General Assembly,
as applicable.
(d) The Commissioner of Social Services shall
seek a waiver from federal law to permit federal
financial participation for Medicaid expenditures
for families with incomes of one hundred
forty-three per cent of the [aid to families with
dependent children] TEMPORARY FAMILY ASSISTANCE
program payment standard.
Sec. 71. Section 17b-264 of the general
statutes is repealed and the following is
substituted in lieu thereof:
All of the provisions of sections 17b-22,
17b-75 to 17b-77, inclusive, AS AMENDED BY THIS
ACT, 17b-79 to 17b-103, inclusive, [17b-114,
17b-180 to 17b-183, inclusive, 17b-260 to 17b-262,
inclusive, 17b-264 to 17b-285, inclusive, 17b-357
to 17b-362, inclusive,] AS AMENDED BY THIS ACT,
AND 17b-600 to 17b-604, inclusive, [17b-807 and
17b-808] are extended to the medical assistance
program except such provisions as are inconsistent
with federal law and regulations governing Title
XIX of the Social Security Amendments of 1965 and
sections 17b-260 to 17b-262, inclusive, AS AMENDED
BY THIS ACT, 17b-264 to 17b-285, inclusive, AS
AMENDED BY THIS ACT, and 17b-357 to 17b-362,
inclusive.
Sec. 72. Section 17b-277 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Social Services shall
provide, in accordance with federal law and
regulations, medical assistance under [sections
17b-22, 17b-75 to 17b-77, inclusive, 17b-79 to
17b-103, inclusive, 17b-114, 17b-180 to 17b-183,
inclusive, 17b-260 to 17b-262, inclusive, 17b-264
to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808] THE MEDICAID PROGRAM to needy
pregnant women and children up to one year of age
whose families have an income up to one hundred
eighty-five per cent of the federal poverty level.
(b) The commissioner shall implement
presumptive eligibility for appropriate applicants
for [assistance under sections 17b-22, 17b-75 to
17b-77, inclusive, 17b-79 to 17b-103, inclusive,
17b-114, 17b-180 to 17b-183, inclusive, 17b-260 to
17b-262, inclusive, 17b-264 to 17b-285, inclusive,
17b-357 to 17b-362, inclusive, 17b-600 to 17b-604,
inclusive, 17b-807 and 17b-808] THE MEDICAID
PROGRAM with an emphasis on pregnant women. Such
presumptive eligibility determinations shall be in
accordance with applicable federal law and
regulations. The commissioner shall provide such
presumptive eligibility determinations on a pilot
basis, in one district office, beginning June 1,
1991, and shall provide them state-wide effective
September 1, 1991.
Sec. 73. Section 17b-282 of the general
statutes is repealed and the following is
substituted in lieu thereof:
On and after January 1, 1991, the Commissioner
of Social Services may provide, in accordance with
federal law and regulations and within available
appropriations, medical assistance under [sections
17b-22, 17b-75 to 17b-77, inclusive, 17b-79 to
17b-103, inclusive, 17b-114, 17b-180 to 17b-183,
inclusive, 17b-260 to 17b-262, inclusive, 17b-264
to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808] THE MEDICAID PROGRAM to (1) children
over five and under nine years of age whose
families have an income below one hundred per cent
of the federal poverty level and (2) elderly and
disabled persons who would be eligible to receive
supplemental security income benefits except for
income and who have incomes below one hundred per
cent of the federal poverty level.
Sec. 74. Section 17b-283 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Social Services shall
amend the state's model 2176 Medicaid waiver to
allow one hundred twenty-five disabled persons to
participate under the waiver.
(b) The Commissioner of Social Services may
study the feasibility of and costs associated with
providing [medical assistance coverage under
sections 17b-22, 17b-75 to 17b-77, inclusive,
17b-79 to 17b-103, inclusive, 17b-114, 17b-180 to
17b-183, inclusive, 17b-260 to 17b-262, inclusive,
17b-264 to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808] MEDICAID COVERAGE for outpatient
substance abuse treatment services. The
commissioner shall report his findings and
recommendations to the joint standing committees
of the General Assembly having cognizance of
matters relating to human services and
appropriations and the budgets of state agencies
by January 1, 1991.
Sec. 75. Section 17b-284 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Social Services may
continue, within available appropriations, to
provide [medical assistance under sections 17b-22,
17b-75 to 17b-77, inclusive, 17b-79 to 17b-103,
inclusive, 17b-114, 17b-180 to 17b-183, inclusive,
17b-260 to 17b-262, inclusive, 17b-264 to 17b-285,
inclusive, 17b-357 to 17b-362, inclusive, 17b-600
to 17b-604, inclusive, 17b-807 and 17b-808]
MEDICAID to employed persons who have conditions
which prevent them from obtaining health insurance
under an employer's group health insurance plan
and who would otherwise be eligible for such
medical assistance.
(b) The commissioner may pay under the
[medical assistance] MEDICAID program, within
available appropriations, the employee's share of
health insurance under an employer's group health
insurance plan for employees who would otherwise
be eligible for medical assistance.
(c) The commissioner may pay under the
[medical assistance] MEDICAID program, within
available appropriations, the premiums for
continued health insurance coverage under an
employer's group health insurance plan, pursuant
to the federal Consolidated Omnibus Budget
Reconciliation Act of 1985, as amended, for
chronically ill and disabled persons who are no
longer employed and would otherwise be eligible
for [medical assistance] MEDICAID.
Sec. 76. Subsection (a) of section 17b-342 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The Commissioner of Social Services shall
administer the Connecticut home-care program for
the elderly state-wide in order to prevent the
institutionalization of elderly persons (1) who
are recipients of medical assistance, (2) who are
eligible for such assistance, or (3) who meet the
criteria for the state-funded portion of the
program under subsection (i) of this section. For
purposes of this section, a long-term care
facility is a facility which has been federally
certified as a skilled nursing facility or
intermediate care facility. The commissioner shall
make any revisions in the state Medicaid plan
required by Title XIX of the Social Security Act
prior to implementing the program. The annualized
cost of the community-based services provided to
such persons under the program shall not exceed
sixty per cent of the weighted average cost of
care in skilled nursing facilities and
intermediate care facilities. The program shall be
structured so that the net cost to the state for
long-term facility care in combination with the
community-based services under the program shall
not exceed the net cost the state would have
incurred without the program. The commissioner
shall investigate the possibility of receiving
federal funds for the program and shall apply for
any necessary federal waivers. A recipient of
services under the program, and the estate and
legally liable relatives of the recipient, shall
be responsible for reimbursement to the state for
such services to the same extent required of a
recipient of assistance under [sections 17b-22,
17b-75 to 17b-77, inclusive, 17b-79 to 17b-103,
inclusive, 17b-114, 17b-180 to 17b-183, inclusive,
17b-260 to 17b-262, inclusive, 17b-264 to 17b-285,
inclusive, 17b-357 to 17b-362, inclusive, 17b-600
to 17b-604, inclusive, 17b-807 and 17b-808] THE
STATE SUPPLEMENT PROGRAM, MEDICAL ASSISTANCE
PROGRAM, TEMPORARY FAMILY ASSISTANCE PROGRAM OR
FOOD STAMPS PROGRAM. ONLY A UNITED STATES CITIZEN
OR A NONCITIZEN WHO MEETS THE CITIZENSHIP
REQUIREMENTS FOR ELIGIBILITY UNDER THE MEDICAID
PROGRAM SHALL BE ELIGIBLE FOR HOME-CARE SERVICES
UNDER THIS SECTION, EXCEPT A QUALIFIED ALIEN, AS
DEFINED IN SECTION 431 OF PUBLIC LAW 104-193,
ADMITTED INTO THE UNITED STATES ON OR AFTER AUGUST
22, 1996, OR OTHER LAWFULLY RESIDING IMMIGRANT
ALIEN DETERMINED ELIGIBLE FOR SERVICES UNDER THIS
SECTION PRIOR TO JULY 1, 1997, SHALL REMAIN
ELIGIBLE FOR SUCH SERVICES UNTIL JULY 1, 1999.
QUALIFIED ALIENS OR OTHER LAWFULLY RESIDING
IMMIGRANT ALIENS NOT DETERMINED ELIGIBLE PRIOR TO
JULY 1, 1997, SHALL BE ELIGIBLE FOR SERVICES UNDER
THIS SECTION SUBSEQUENT TO SIX MONTHS FROM
ESTABLISHING RESIDENCY UNTIL JULY 1, 1999.
NOTWITHSTANDING THE PROVISIONS OF THIS SUBSECTION,
ANY QUALIFIED ALIEN OR OTHER LAWFULLY RESIDING
IMMIGRANT ALIEN WHO IS A VICTIM OF DOMESTIC
VIOLENCE OR WHO HAS MENTAL RETARDATION SHALL BE
ELIGIBLE FOR ASSISTANCE PURSUANT TO THIS SECTION.
Sec. 77. Subsection (a) of section 17b-611 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The Commissioner of Social Services, after
consultation with the Commissioner of Public
Health, may contract with an insurer, within
available appropriations, to provide a subsidized
nongroup health insurance product for disabled
persons who would be eligible to receive
supplemental security income benefits except for
income and who have incomes above the eligibility
limit for [medical assistance under sections
17b-22, 17b-75 to 17b-77, inclusive, 17b-79 to
17b-103, inclusive, 17b-114, 17b-180 to 17b-183,
inclusive, 17b-260 to 17b-262, inclusive, 17b-264
to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808] MEDICAID and under two hundred per
cent of the federal poverty level. The contract
shall include a sliding fee schedule based on
income for premiums and shall provide for the
setting of premiums at a level to cover twenty per
cent of program costs. The contract shall provide
for the use of mechanisms to control costs.
Sec. 78. Section 17b-689 of the general
statutes is repealed and the following is
substituted in lieu thereof:
[(a) As hereinafter provided, each town shall
establish a work program which shall include work,
work training or work readiness experience and may
include substance abuse counseling for persons
dependent on drugs and alcohol who are
participating in such program. Except as provided
in subsection (f), employable persons otherwise
eligible for support, pursuant to sections 17b-116
and 17b-134, from any town shall be required to
perform such work or participate in such program
as may be assigned to them by the public welfare
official of the town granting such support or to
participate in an education or training program
under section 31-3d or any other training or
education program approved by the Labor
Commissioner. The public welfare official shall
assign to such work as is available in connection
with the affairs of state or town government or to
public work programs established by the
Commissioner of Social Services, as approved by
the Labor Commissioner, including the performance
of work in the operation of or in an activity of a
nonprofit agency or institution, as defined in
Subsection (c)(3) of Section 501 of the United
States Internal Revenue Code pursuant to a
contract with a town, or to a private employer
training program under section 17b-691, or to
education or training, employable recipients of
support provided such official is satisfied that
such persons will not be used to replace, or to
perform any work ordinarily performed by, regular
employees of any department or other unit of a
town or the state, or to replace, or to perform
any work ordinarily performed for a town or the
state by, craft or trade in private employment.
Participation in an education, rehabilitation or
training program not part of a work program may be
deemed participation in a work program if approved
by the Commissioner of Social Services. The number
of hours of work to be required of each such
person, except a person participating in a private
employer training program under section 17b-691,
shall be determined by the amount of the budget
deficit of such person and his family. A person
participating in a program pursuant to section
17b-691 shall receive wages in accordance with the
provisions of that section. No such person, except
a person participating in a private employer
training program under section 17b-691, shall be
required to work for more than the number of hours
necessary to earn such amount or be paid more than
such amount or less than the minimum hourly wage,
pursuant to section 31-58, and no such person
shall be required to work or attend training for
more than eight hours in a day or more than forty
hours in a week. In addition, each person in the
workfare program may be required to attend
substance abuse counseling. Any such person shall
be liable for reimbursements for grants of support
only to the extent of the excess of such grants
over and above the work performed. Any such person
who refuses or wilfully fails to report for work
or to participate in an education or training
program or substance abuse counseling to which he
is assigned by the public welfare official shall
be ineligible for assistance for ninety days. An
employable general assistance recipient who (1)
refuses to cooperate with the town in developing
or carrying out his employability plan; (2) fails
to accept employment without just cause when
offered; or (3) accepts employment and
subsequently quits his job voluntarily and without
sufficient cause or is discharged for cause as set
forth in subdivision (2) of subsection (a) of
section 31-236 shall be ineligible for assistance
for ninety days. Such a period of ineligibility
shall commence on the day immediately following
the actual date of termination.
(b) Each town shall separate the persons it is
liable to support pursuant to sections 17b-116 and
17b-134 into either the category of employable
recipient of general assistance or the category of
unemployable recipient of general assistance. Each
town shall maintain a list setting forth the name
of any person receiving general assistance
benefits and the category into which such person
has been placed.
(c)] For the purposes of this section and
sections 17b-63, 17b-78, 17b-118 [,] AND 17b-134,
[and 17b-690] AS AMENDED BY THIS ACT, an
"employable person" means one (1) who is sixteen
years of age or older but less than sixty-five
years of age; AND (2) who has no documented
physical or mental impairment or who has such an
impairment which is expected to last less than
[six] TWO months, as determined by the
commissioner, prohibiting him from working or
participating in an education, training or other
work-readiness program. [; (3) who is required to
register with the Labor Department, pursuant to
section 17b-118; and (4) who is not in full-time
attendance in high school. For the purposes of
sections 17b-63, 17b-78, 17b-118, 17b-134 and
17b-690, an "employable person who is job-ready"
means a person who (A) has been employed at least
six months within the last five years, (B) has a
high school diploma or a general equivalency
diploma, or (C) has completed vocational training.
A person who is "employable but not job-ready"
means a person who may otherwise be job-ready but
(i) has a physical impairment as documented by a
physician which is of such severity as to be a
significant barrier to employment but not of such
severity and duration as to qualify as
unemployable; (ii) has a documented mental
impairment, including substance abuse, which is of
such severity as to be a significant barrier to
employment but not of such severity and duration
as to qualify as unemployable; or (iii) has been
subject to domestic violence or a catastrophic
event the impact of which prevents the person from
entering employment for at least sixty days. No
person shall be determined employable but not
job-ready solely due to lack of transportation,
lack of proficiency in English or homelessness,
but may be determined not job-ready if lacking
transportation, lacking proficiency in English and
homeless.] For the purposes of this section and
[sections] SECTION 17b-134, [and 17b-690] AS
AMENDED BY THIS ACT, an "unemployable person"
means one (1) who is under sixteen years of age or
sixty-five years of age or older or fifty-five
years of age or older with a history of chronic
unemployment; (2) who has a physical or mental
impairment which is expected to last at least six
months, as determined by the commissioner; (3) who
is pending receipt of supplemental security
income, social security income or financial
assistance through another program administered by
the Department of Social Services; (4) who is
needed to care for a child under two years of age
or an incapacitated child or spouse; or (5) who is
a full-time high school student. FOR PURPOSES OF
THIS SECTION AND SAID SECTION 17b-134, A
"TRANSITIONAL INDIVIDUAL" MEANS (A) A PERSON WHO
HAS A DOCUMENTED PHYSICAL OR MENTAL IMPAIRMENT
WHICH PREVENTS EMPLOYMENT AND IS EXPECTED TO LAST
AT LEAST TWO MONTHS, BUT LESS THAN SIX MONTHS AS
DEFINED BY THE COMMISSIONER, AND WHO, UNLESS
CIRCUMSTANCES PRECLUDED PARTICIPATION IN THE LABOR
FORCE, AS DETERMINED BY THE COMMISSIONER, HAS
WORKED IN AT LEAST THREE OF THE MOST RECENT FIVE
CALENDAR QUARTERS AND EARNED AT LEAST FIVE HUNDRED
DOLLARS IN EACH QUARTER OR WHO RECEIVED OR WAS
ELIGIBLE TO RECEIVE UNEMPLOYMENT COMPENSATION
WITHIN THE PREVIOUS SIX MONTHS; (B) A PERSON WHOSE
DETERMINATION OF UNEMPLOYABILITY OR DISABILITY, AS
DEFINED BY THE COMMISSIONER, IS PENDING AND WHO
PROVIDES MEDICAL DOCUMENTATION OF A SEVERE
PHYSICAL OR MENTAL IMPAIRMENT WHICH IS EXPECTED TO
LAST AT LEAST SIX MONTHS; OR (C) UNTIL SUCH TIME
AS THE DEPARTMENT OF MENTAL HEALTH AND ADDICTION
SERVICES IMPLEMENTS ITS BASIC NEEDS SUPPLEMENT
PROGRAM IN THE REGION IN WHICH THE PERSON RESIDES,
A PERSON WITH MENTAL ILLNESS OR A SUBSTANCE ABUSER
IN A TREATMENT PLAN APPROVED BY THE COMMISSIONER
OF MENTAL HEALTH AND ADDICTION SERVICES, OR BY THE
LOCAL WELFARE OFFICIAL. A person who is a
substance abuser shall be required to participate
in treatment, including counseling, [as part of
his employability plan] and shall be eligible for
assistance while waiting for treatment.
[(d) Work performed by any person under a work
program in accordance with the provisions of this
section shall not affect the eligibility of such
person for compensation under the provisions of
chapter 567.
(e) Upon submission by any town to the
Commissioner of Social Services of a plan for
implementation of the provisions of this section
in a manner deemed by said commissioner to be
consistent with the intent of this section,
payments for support by the town to general
assistance recipients participating in a work
program or training or education program approved
by the Labor Commissioner shall be includable as a
relief expenditure under the provisions of section
17b-134.
(f) At least two-thirds of the employable
general assistance recipients of each town shall
become participants in the work program or
training or education program of the town within
two years of approval, pursuant to section
17b-690, by the Commissioner of Social Services of
the plan implementing such program. Each town
shall maintain the two-thirds placement ratio for
every month thereafter. Calculation of the
two-thirds compliance ratio shall be made in
accordance with regulations adopted by the
Commissioner of Social Services in accordance with
the provisions of chapter 54. A town that is
liable to support an employable recipient of
general assistance pursuant to section 17b-116
shall not be required to include such recipient in
its work program or training or education program
if the recipient is not a resident of the town
providing support. The Commissioner of Social
Services shall develop positions in state, public
or private nonprofit agencies for the placement of
up to twenty-five per cent of the employable
participants from each town which has over one
hundred eighty such participants. If the
commissioner fails to develop such positions and
such town has the required number of participants
minus twenty-five per cent, the town shall not be
denied reimbursement for such twenty-five per
cent. The commissioner of each state agency shall
cooperate with the Commissioner of Social Services
in the development of such positions.
Notwithstanding any provision of the regulations
of state agencies, the commissioner may exempt a
town from the requirements of this subsection.
(g) For purposes of chapter 568, each
employable person participating under this section
in a work program or training or education program
approved by the Labor Commissioner shall be
considered to be an employee of the town from
which he is receiving support, and participation
in a work program or training or education program
approved by the Labor Commissioner shall be
considered to be such person's employment by such
town at a wage equal to the minimum hourly wage,
pursuant to section 31-58, or such higher amount
as is provided in the plan for a work program
submitted under section 17b-690. To the extent any
such employable person participating in such work
program or training or education program receives
workers' compensation benefits, payments for
support and other assistance to such person
provided under this chapter by the town from which
he is receiving support shall be correspondingly
reduced.
(h) Each town shall develop an employability
plan for each employable general assistance
recipient. Such plan shall be designed to require
and enable the recipient to improve his chances of
finding employment.]
Sec. 79. Subsection (a) of section 17b-694 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(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, [and recipients of stipends
issued pursuant to the grant program administered
by the Labor Department, established in section
17b-689a] STATE ADMINISTERED GENERAL ASSISTANCE,
CASH ASSISTANCE OR MEDICAL ASSISTANCE. 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, [or] (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.
Sec. 80. Section 17b-698 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Commissioner of Social Services shall
collect data from each job training and placement
service funded by the Department of Social
Services and serving recipients of the [aid to
families with dependent children program and the
general assistance] TEMPORARY FAMILY ASSISTANCE
program for the purpose of assessing the success
of job placement services in assisting a recipient
of either such program to attain self-sufficiency.
Data collected shall include, but not be limited
to: (1) The number of clients served; (2) the
number of clients placed in jobs; (3) types of job
training received by recipients and if such
training led to employment; (4) cost-effectiveness
of job training; (5) types of jobs obtained by
recipients; (6) salary and benefits of those jobs
obtained; and (7) length of those jobs obtained.
Sec. 81. Section 17b-744 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any order payable to the Commissioner of
Administrative Services for support of any
beneficiary of public assistance shall, on filing
by the state Commissioner of Social Services with
the court making such order, or with the assistant
clerk of the Family Support Magistrate Division
where such order was entered, of a notice of
discontinuance of such assistance and on notice to
the payor by registered or certified mail, a copy
of which notice shall be sent to the Commissioner
of Administrative Services, be payable directly to
such beneficiary, beginning with the effective
date of discontinuance, except that the
Commissioner of Social Services may elect to
continue to collect such support payments on
behalf of the beneficiaries of [its aid to
families with dependent children] THE TEMPORARY
FAMILY ASSISTANCE PROGRAM for three months after
the date of discontinuance as provided in federal
law and regulations.
Sec. 82. Subsection (b) of section 17b-745 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) Any court or family support magistrate,
called upon to enforce a support order, shall
insure that such order is reasonable in light of
the obligor's ability to pay. Any support order
entered pursuant to this section, or any support
order from another jurisdiction subject to
enforcement by the state of Connecticut, may be
modified by motion of the party seeking such
modification, including the support enforcement
division in [AFDC] TANF support cases as defined
in subsection (b) of section 46b-231, AS AMENDED
BY THIS ACT, upon a showing of a substantial
change in the circumstances of either party or
upon a showing that the final order for child
support substantially deviates from the child
support guidelines established pursuant to section
46b-215a, unless there was a specific finding on
the record that the application of the guidelines
would be inequitable or inappropriate, provided
the court or family support magistrate finds that
the obligor or the obligee and any other
interested party have received actual notice of
the pendency of such motion and of the time and
place of the hearing on such motion. There shall
be a rebuttable presumption that any deviation of
less than fifteen per cent from the child support
guidelines is not substantial and any deviation of
fifteen per cent or more from the guidelines is
substantial. Modification may be made of such
support order without regard to whether the order
was issued before, on or after May 9, 1991. In any
hearing to modify any support order from another
jurisdiction the court or the family support
magistrate shall conduct the proceedings in
accordance with the procedure set forth in section
46b-197. No such support orders may be subject to
retroactive modification except that the court or
family support magistrate may order modification
with respect to any period during which there is a
pending motion for a modification of an existing
support order from the date of service of notice
of such pending motion upon the opposing party
pursuant to section 52-50.
Sec. 83. Section 17b-802 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Social Services shall
establish, within available appropriations, and
administer a program of grants to persons residing
in emergency shelters or other emergency housing
who are recipients of [assistance under sections
17b-19, 17b-22, 17b-63 to 17b-65, inclusive,
17b-75 to 17b-77, inclusive, 17b-79 to 17b-103,
inclusive, 17b-114 to 17b-138, inclusive, 17b-180
to 17b-183, inclusive, 17b-220 to 17b-250,
inclusive, 17b-256, 17b-259 to 17b-287, inclusive,
17b-340 to 17b-350, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-689
to 17b-693, inclusive, 17b-743 to 17b-747,
inclusive, 17b-807 and 17b-808] PUBLIC ASSISTANCE,
STATE ADMINISTERED GENERAL ASSISTANCE OR GENERAL
ASSISTANCE and to persons who have a documented
showing of financial need and are residing in
emergency shelters or other emergency housing, for
use by such persons as a security deposit on a
rental dwelling unit. Eligible persons may receive
a grant in an amount not to exceed the equivalent
of one month's rent on such rental unit, except
that upon a documented showing of financial need,
the commissioner may approve a grant in an amount
not to exceed the equivalent of two month's rent.
No person may apply for and receive a grant for
use as a security deposit more than once without
the express authorization of the Commissioner of
Social Services except as provided in subsection
(b) of this section.
(b) In the case of any person who qualifies
for a grant, 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 program
established pursuant to subsection (a) of this
section, may, in accordance with the landlord's
preference, either pay the security deposit
directly to the landlord or 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, provided the amount
of any such payment shall not exceed the amount of
the requested security deposit. Payment of a
security deposit directly to the landlord shall be
conditional upon the execution by the landlord of
a written agreement providing that if the tenant
for whom such payment is made vacates the housing
unit, any return of the security deposit and of
accrued interest to which the tenant would be
entitled, shall be paid directly to the Department
of Social Services. Such refund shall be made in
accordance with the requirements of section
47a-21, and, if the landlord claims the right to
withhold all or most of the security deposit, he
shall comply with all of the applicable provisions
of said section except that any notices required
shall also be sent to the Department of Social
Services. The rights of such a tenant to the
return of a security deposit shall be subrogated
to the state of Connecticut and if suit is
necessary to collect the deposit, the defendant
shall pay all costs and shall be subject to double
damages as provided in section 47a-21. If a person
who has previously received a grant for a security
deposit becomes eligible for a subsequent grant,
the amount of the subsequent grant for which such
person would otherwise have been eligible shall be
reduced by (1) any amount of the previous grant
which has not been returned to the department
pursuant to section 47a-21 or (2) the amount of
any payment made to the landlord for damages
pursuant to this subsection. In any fiscal year,
the total amount of security deposits granted and
written agreements executed for the payment of
damages pursuant to this section shall not exceed
the amount available for the program for that
fiscal year.
(c) Any payment made pursuant to this section
to any person receiving general assistance [under
sections 17b-19, 17b-63 to 17b-65, inclusive,
17b-115 to 17b-138, inclusive, 17b-220 to 17b-250,
inclusive, 17b-256, 17b-259, 17b-263, 17b-287,
17b-340 to 17b-350, inclusive, 17b-689 to 17b-693,
inclusive, and 17b-743 to 17b-747, inclusive,] OR
STATE ADMINISTERED GENERAL ASSISTANCE shall not be
deducted from the amount of assistance to which
the recipient would otherwise be entitled.
(d) 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 grants under the program.
Sec. 84. Section 17b-804 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Social Services shall
establish and administer a rent bank program of
loans and grants to ensure housing for families
whose income does not exceed sixty per cent of the
median income in the state, including those
receiving [aid to families with dependent
children] TEMPORARY FAMILY ASSISTANCE, who are
either at risk of becoming homeless or in imminent
danger of eviction or foreclosure.
(b) To be eligible for assistance under this
section, a family shall (1) document, as
appropriate, loss of income or increase in
expenses including, but not limited to, loss of
employment, medical disability or emergency, loss
or delay in receipt of other benefits, natural or
man-made disaster, substantial and permanent
change in household composition and any other
condition which the commissioner determines
constitutes a severe hardship and is not likely to
recur and (2) participate in the assessment and
mediation program established under section
17b-805.
(c) The commissioner may establish repayment
terms for financial assistance under this section
upon determination that the recipient can
reasonably be expected to repay all or part of
such assistance, except that families receiving
financial assistance under the [provisions of
sections 17b-22, 17b-75 to 17b-77, inclusive,
17b-79 to 17b-103, inclusive, 17b-114, 17b-180 to
17b-183, inclusive, 17b-260 to 17b-262, inclusive,
17b-264 to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808] STATE SUPPLEMENT PROGRAM, AID TO
FAMILIES WITH DEPENDENT CHILDREN PROGRAM,
TEMPORARY FAMILY ASSISTANCE PROGRAM OR STATE
ADMINISTERED GENERAL ASSISTANCE shall not be
required to repay financial assistance made under
this section.
(d) No family shall receive financial
assistance under this section in excess of one
thousand two hundred dollars during any eighteen
consecutive months.
(e) The commissioner may adopt regulations in
accordance with chapter 54 to determine
eligibility and repayment standards for any loans
and grants under this section and to carry out the
purposes of this section.
Sec. 85. Section 17b-806 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Social Services shall
establish and administer a homefinders program,
which includes participation by housing
authorities, to assist families including
recipients of [aid to families with dependent
children] TEMPORARY FAMILY ASSISTANCE who are
homeless or in imminent danger of eviction or
foreclosure. The commissioner shall administer the
program within available appropriations.
(b) The Commissioner of Social Services may
adopt regulations in accordance with chapter 54 to
carry out the purposes of this section.
Sec. 86. Section 17b-807 of the general
statutes is repealed and the following is
substituted in lieu thereof:
[On and after July 1, 1992, no] NO state funds
appropriated for a special needs benefit for
emergency housing for recipients of payments under
the [program of aid to families with dependent
children] TEMPORARY FAMILY ASSISTANCE PROGRAM OR
STATE ADMINISTERED GENERAL ASSISTANCE shall be
used to pay the costs of emergency shelter in
hotels or motels except in cases of natural or
man-made disasters or other catastrophic events.
Sec. 87. Section 17b-808 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Social Services shall
provide a special needs benefit for emergency
housing to any recipient of payments under the
[program of aid to families with dependent
children] TEMPORARY FAMILY ASSISTANCE PROGRAM and
the optional state supplementation program [under
this chapter] who cannot remain in permanent
housing because (1) a judgment has been entered
against the recipient in a summary process action
instituted pursuant to chapter 832, provided the
action was not based on criminal activity, or a
judgment has been entered against the recipient in
a foreclosure action pursuant to chapter 846 and
the time limited for redemption has passed; (2)
the recipient has left to escape domestic
violence; (3) a catastrophic event, such as a fire
or flood, has made the permanent housing
uninhabitable or the recipient has been ordered to
vacate the housing by a local code enforcement
official; (4) the recipient shares an apartment
with a primary tenant who is being evicted or is
engaged in criminal activity; (5) the recipient
was illegally locked out by a landlord and has
filed a police complaint concerning such lockout;
(6) the recipient has been living with a tenant
who received a preliminary notice under section
47a-15 or a notice to quit because of termination
of a rental agreement for lapse of time or (7) the
family has relocated because a child in the family
has been found to have a level of lead in the
blood equal to or greater than twenty micrograms
per deciliter of blood or any other abnormal body
burden of lead and the local director of health
has determined, after an epidemiological
investigation pursuant to section 19a-111, that
the source of the lead poisoning was the
residential unit in which the family resided. A
person shall be eligible for the benefit under
this section provided application is made to the
commissioner within forty-five days of the loss of
permanent housing by the recipient. On and after
September 4, 1991, the benefit shall be limited to
not more than one occurrence per calendar year and
not more than sixty days per occurrence, except
that any family receiving the benefit under this
section pursuant to subdivision (7) with a child
undergoing chelation treatment may receive the
benefit for more than one occurrence provided the
total number of days the benefit is received by
the family for all occurrences is not more than
eighty days in any calendar year. Any person
receiving a benefit under this section shall agree
to reside in any housing which was constructed,
renovated or rehabilitated with state or federal
financial assistance. Notwithstanding the
provisions of this section, any family receiving
the benefit under this section pursuant to
subdivision (7) shall not be required to reside in
any housing in which the paint contains a toxic
level of lead as defined by the Commissioner of
Public Health in regulations adopted pursuant to
section 19a-111. Under the [program of aid to
families with dependent children] TEMPORARY FAMILY
ASSISTANCE PROGRAM, any person not eligible for
the benefit under this section shall be referred
to the Department of Social Services' program for
emergency shelter services.
(b) The Commissioner of Social Services shall
provide for the direct vendor payment of the rent
of any recipient of payments under the [program of
aid to families with dependent children] TEMPORARY
FAMILY ASSISTANCE PROGRAM and the optional state
supplementation program [under sections 17b-22,
17b-75 to 17b-77, inclusive, 17b-79 to 17b-103,
inclusive, 17b-114, 17b-180 to 17b-183, inclusive,
17b-260 to 17b-262, inclusive, 17b-264 to 17b-285,
inclusive, 17b-357 to 17b-362, inclusive, 17b-600
to 17b-604, inclusive, 17b-807 and 17b-808] for
whom he has made a finding of mismanagement and
who resides in housing where the total rent, or
the recipient's share of the total rent, does not
exceed thirty per cent of the payment standard,
adjusted for region and family size under such
program. Any finding of mismanagement by the
commissioner shall be in accordance with federal
law and regulations concerning mismanagement of
funds, except that the commissioner may permit a
recipient for whom vendor rent payments would
terminate to request an extension of vendor rent
payments. Such voluntary vendor rent payments
shall be discontinued upon request of the
recipient. If there is a rental arrearage at the
time vendor rent payments are initiated, the
commissioner may deduct from the payment under the
[program of aid to families with dependent
children] TEMPORARY FAMILY ASSISTANCE PROGRAM and
the optional state supplementation program [under
sections 17b-22, 17b-75 to 17b-77, inclusive,
17b-79 to 17b-103, inclusive, 17b-114, 17b-180 to
17b-183, inclusive, 17b-260 to 17b-262, inclusive,
17b-264 to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808] an amount not to exceed thirty
dollars per month. Such amount shall be used to
pay the back rent due, provided recoupment by the
department of an overpayment shall be suspended
during payment of arrearages to the landlord.
(c) Within ten days of receiving a notice to
quit issued pursuant to chapter 832, a recipient
of benefits under the [program of aid to families
with dependent children] TEMPORARY FAMILY
ASSISTANCE PROGRAM and the optional state
supplementation program [under sections 17b-22,
17b-75 to 17b-77, inclusive, 17b-79 to 17b-103,
inclusive, 17b-114, 17b-180 to 17b-183, inclusive,
17b-260 to 17b-262, inclusive, 17b-264 to 17b-285,
inclusive, 17b-357 to 17b-362, inclusive, 17b-600
to 17b-604, inclusive, 17b-807 and 17b-808] shall
notify the commissioner of the receipt of such
notice. No person shall be denied emergency
housing assistance or declared ineligible for any
other benefit because of a failure to notify the
commissioner.
Sec. 88. Section 17b-809 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Commissioner of Social Services shall
prepare and implement a plan for informing
landlords of the department's rules concerning the
direct vendor payment of rents for recipients of
[aid to families with dependent children]
TEMPORARY FAMILY ASSISTANCE and state
supplementation and for responding to landlord
inquiries about the availability of such payments,
including the circumstances under which such
payments will be made and the maximum amounts of
such payments.
Sec. 89. Section 17b-813 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Commissioner of Social Services shall
provide emergency rental assistance for
[AFDC-eligible] families ELIGIBLE FOR ASSISTANCE
UNDER THE TEMPORARY FAMILY ASSISTANCE PROGRAM
living in hotels and motels as a component of the
program for rental assistance established under
section 17b-812, AS AMENDED BY THIS ACT.
Sec. 90. Subsection (a) of section 19a-7c of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The Commissioner of Public Health, in
consultation with the Department of Social
Services, may contract, within available
appropriations, to provide a subsidized nongroup
health insurance product for pregnant women who
are not eligible for [medical assistance under
sections 17b-22, 17b-75 to 17b-77, inclusive,
17b-79 to 17b-103, inclusive, 17b-114, 17b-180 to
17b-183, inclusive, 17b-260 to 17b-262, inclusive,
17b-264 to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808] MEDICAID and have incomes under two
hundred fifty per cent of the federal poverty
level. The Commissioner of Public Health, in
consultation with the Department of Social
Services, may contract, within available
appropriations, to provide a subsidized nongroup
health insurance product for children under
eighteen years of age who are not eligible for
such medical assistance and whose families have
incomes under two hundred per cent of the federal
poverty level. For any children enrolled as of
December 31, 1994, in a program established by
this section, the commissioner shall contract
within available appropriations to extend the
program to children up to and including age
seventeen who were enrolled on that date. The
products shall be available to such pregnant women
and children (1) for whom employer-based insurance
is not available or (2) who have employer-based
insurance (A) to cover the cost of the premiums,
copayments and deductibles of the employer-based
plan provided the cost of the employer-based plan
is less than the nongroup product and (B) to
provide coverage for benefits not covered by the
employer-based plan which are covered under the
subsidized nongroup product. The Department of
Public Health may make such products available to
limited populations, as pilot programs, initially
to test the impact of program design and
administration. The Department of Social Services
shall assist in the administration of the
programs. The contract may include, but not be
limited to, provisions for coinsurance and
copayment and a sliding scale based on income for
premiums and shall provide for the use of
mechanisms to control costs.
Sec. 91. Subsection (a) of section 19a-59b of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The Commissioner of Public Health shall
establish a maternal and child health protection
program. He shall contract, for purposes of the
program, annually, within available
appropriations, with local providers of health
services to provide outpatient maternal health
services and labor and delivery services to needy
pregnant women and child health services to
children under six years of age. Eligibility shall
be limited to families who have an income equal to
or less than one hundred eighty-five per cent of
the poverty level, according to the federal Office
of Management and Budget poverty guidelines for
nonfarm families, lack private, third party health
insurance to cover such services. Such local
providers shall determine eligibility for services
under the program. The contracts shall include
criteria for making such determination in
accordance with this section. Outpatient services
provided under the program shall include at least
the outpatient services provided to [medical
assistance recipients under sections 17b-22,
17b-75 to 17b-77, inclusive, 17b-79 to 17b-103,
inclusive, 17b-114, 17b-180 to 17b-183, inclusive,
17b-260 to 17b-262, inclusive, 17b-264 to 17b-285,
inclusive, 17b-357 to 17b-362, inclusive, 17b-600
to 17b-604, inclusive, 17b-807 and 17b-808]
MEDICAID RECIPIENTS. The commissioner shall
conduct an outreach program designed to educate
the public with regard to the program and to
encourage providers to participate in the program.
The commissioner, in consultation with the
Commissioner of Social Services, shall seek any
federal matching funds available for the program.
Sec. 92. Section 19a-507 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Notwithstanding the provisions of chapter
368z, New Horizons, Inc., a nonprofit,
nonsectarian organization, or a subsidiary
organization controlled by New Horizons, Inc., is
authorized to construct and operate an independent
living facility for severely physically disabled
adults, in the town of Farmington, provided such
facility shall be constructed in accordance with
applicable building codes. The Farmington Housing
Authority, or any issuer acting on behalf of said
authority, subject to the provisions of this
section, may issue tax-exempt revenue bonds on a
competitive or negotiated basis for the purpose of
providing construction and permanent mortgage
financing for the facility in accordance with
Section 103 of the Internal Revenue Code. Prior to
the issuance of such bonds, plans for the
construction of the facility shall be submitted to
and approved by the Office of Health Care Access.
The office shall approve or disapprove such plans
within thirty days of receipt thereof. If the
plans are disapproved they may be resubmitted.
Failure of the office to act on the plans within
such thirty-day period shall be deemed approval
thereof. The payments to residents of the facility
who are eligible for assistance under [sections
17b-22, 17b-75 to 17b-77, inclusive, 17b-79 to
17b-103, inclusive, 17b-114, 17b-180 to 17b-183,
inclusive, 17b-260 to 17b-262, inclusive, 17b-264
to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808] THE STATE SUPPLEMENT PROGRAM for room
and board and necessary services, shall be
determined annually to be effective July first of
each year. Such payments shall be determined on a
basis of a reasonable payment for necessary
services, which basis shall take into account as a
factor the costs of providing those services and
such other factors as the commissioner deems
reasonable, including anticipated fluctuations in
the cost of providing services. Such payments
shall be calculated in accordance with the manner
in which rates are calculated pursuant to section
17b-340, AS AMENDED BY THIS ACT, and the cost
related reimbursement system pursuant to said
section except that efficiency incentives shall
not be granted. The commissioner shall, upon
submission of a request, allow actual debt
service, comprised of principal and interest, in
excess of property costs allowed pursuant to
section 17-313b-5 of the regulations of
Connecticut state agencies, provided such debt
service terms and amounts are reasonable in
relation to the useful life and the base value of
the property. The cost basis for such payment
shall be subject to audit, and a recomputation of
the rate shall be made based upon such audit. The
rate in effect June 30, 1991, shall remain in
effect through June 30, 1992, except that if the
rate would have been decreased effective July 1,
1991, it shall be decreased. The facility shall
report on a fiscal year ending on the thirtieth
day of September on forms provided by the
commissioner. The required report shall be
received by the commissioner no later than
December thirty-first of each year. The Department
of Social Services may use its existing
utilization review procedures to monitor
utilization of the facility. If the facility is
aggrieved by any decision of the commissioner, the
facility may, within ten days, after written
notice thereof from the commissioner, obtain by
written request to the commissioner, a hearing on
all items of aggrievement. If the facility is
aggrieved by the decision of the commissioner
after such hearing, the facility may appeal to the
Superior Court in accordance with the provisions
of section 4-183.
(b) The Commissioner of Social Services may
provide for work incentive programs for residents
of the facility.
Sec. 93. Subdivision (7) of section 19a-618 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(7) "Payer" means any person, legal entity,
governmental body, eligible organization covered
by the provisions of 42 USC Section 1395mm(b), or
medical [assistance program provided pursuant to
sections 17b-19, 17b-63 to 17b-65, inclusive,
17b-115 to 17b-138, inclusive, 17b-220 to 17b-250,
inclusive, 17b-256, 17b-259, 17b-263, 17b-287,
17b-340 to 17b-350, inclusive, 17b-689 to 17b-693,
inclusive, and 17b-743 to 17b-747, inclusive,
except for Medicare provided pursuant to sections
17b-22, 17b-75 to 17b-77, inclusive, 17b-79 to
17b-103, inclusive, 17b-114, 17b-180 to 17b-183,
inclusive, 17b-260 to 17b-262, inclusive, 17b-264
to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808,] COVERAGE PROVIDED UNDER THE GENERAL
ASSISTANCE PROGRAM, THE STATE ADMINISTERED GENERAL
ASSISTANCE PROGRAM OR MEDICAID PROGRAM or any
combination thereof, which is or may become
legally responsible, in whole or in part, for the
payment of services rendered to or on behalf of a
patient by a hospital, other health care facility
or institution, or individual health care
provider. Payer includes any third-party payer.
Sec. 94. Subsection (a) of section 19a-646 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) As used in this section:
(1) "Office" means the Office of Health Care
Access;
(2) "Fiscal year" means the hospital fiscal
year as used for purposes of this chapter;
(3) "Hospital" means any short-term acute care
general hospital licensed by the Department of
Public Health in the state;
(4) "Payer" means any person, legal entity,
governmental body or eligible organization covered
by the provisions of 42 USC Section 1395mm(b), or
any combination thereof, except for Medicare and
[medical assistance provided pursuant to sections
17b-19, 17b-22, 17b-63 to 17b-65, inclusive,
17b-75 to 17b-77, inclusive, 17b-79 to 17b-103,
inclusive, 17b-114 to 17b-138, inclusive, 17b-180
to 17b-183, inclusive, 17b-220 to 17b-250,
inclusive, 17b-256, 17b-259 to 17b-287, inclusive,
17b-340 to 17b-350, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-689
to 17b-693, inclusive, 17b-743 to 17b-747,
inclusive, 17b-807 and 17b-808] MEDICAID which is
or may become legally responsible, in whole or in
part for the payment of services rendered to or on
behalf of a patient by a hospital. Payer also
includes any legal entity whose membership
includes one or more payers and any third-party
payer; and
(5) "Prompt payment" means payment made for
services to a hospital by mail or other means on
or before the tenth business day after receipt of
the bill by the payer.
Sec. 95. Subdivision (7) of section 19a-659 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(7) "Medical assistance" means medical
assistance provided [pursuant to sections 17b-19,
17b-22, 17b-63 to 17b-65, inclusive, 17b-75 to
17b-77, inclusive, 17b-79 to 17b-103, inclusive,
17b-114 to 17b-138, inclusive, 17b-180 to 17b-183,
inclusive, 17b-220 to 17b-250, inclusive, 17b-256,
17b-259 to 17b-287, inclusive, 17b-340 to 17b-350,
inclusive, 17b-357 to 17b-362, inclusive, 17b-600
to 17b-604, inclusive, 17b-689 to 17b-693,
inclusive, 17b-743 to 17b-747, inclusive, 17b-807
and 17b-808] UNDER THE GENERAL ASSISTANCE PROGRAM,
THE STATE ADMINISTERED GENERAL ASSISTANCE PROGRAM
OR THE MEDICAID PROGRAM.
Sec. 96. Section 19a-673 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) As used in this section:
(1) "Cost of providing services" means a
hospital's published charges at the time of
billing of an uninsured patient, multiplied by the
hospital's most recent relationship of costs to
charges as taken from the hospital's most recently
available audited financial statements.
(2) "Hospital" means an institution licensed
by the Department of Public Health as a short-term
general hospital.
(3) "Poverty income guidelines" means the
poverty income guidelines issued from time to time
by the United States Department of Health and
Human Services.
(4) "Uninsured patient" means any person whose
income is at or below two hundred per cent of the
poverty income guidelines who (A) has applied and
been denied eligibility for any medical or health
care coverage provided [pursuant to sections
17b-19, 17b-22, 17b-63 to 17b-65, inclusive,
17b-75 to 17b-77, inclusive, 17b-79 to 17b-103,
inclusive, 17b-114 to 17b-138, inclusive, 17b-180
to 17b-183, inclusive, 17b-220 to 17b-250,
inclusive, 17b-256, 17b-259 to 17b-287, inclusive,
17b-340 to 17b-350, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-689
to 17b-693, inclusive, 17b-743 to 17b-747,
inclusive, 17b-807 or 17b-808] UNDER THE 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.
(b) No hospital that has provided health care
services to an uninsured patient may collect from
the uninsured patient more than the cost of
providing services.
Sec. 97. Section 31-254 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Each employer, whether or not otherwise
subject to this chapter, shall keep accurate
records of employment as defined in subsection (a)
of section 31-222, containing such information as
the administrator may by regulation prescribe in
order to effectuate the purposes of this chapter.
Such records shall be open to, and available for,
inspection and copying by the administrator or his
authorized representatives at any reasonable time
and as often as may be necessary. The
administrator may require from any employer,
whether or not otherwise subject to this chapter,
any sworn or unsworn reports with respect to
persons employed by him which are necessary for
the effective administration of this chapter.
Information thus obtained shall not be published
or be open to public inspection, other than to
public employees in the performance of their
public duties, in any manner revealing the
employee's or the employer's identity, but any
claimant at a hearing before a commissioner shall
be supplied with information from such records to
the extent necessary for the proper presentation
of his claim. Any employee of the administrator,
or any other public employee, who violates any
provision of this section shall be fined not more
than two hundred dollars or imprisoned not more
than six months or both and shall be dismissed
from the service. Reports or records which have
been required by the administrator and which have
been used in computing benefit rights of claimants
or in the determination of the amounts and rates
of contributions shall be preserved by the
administrator for a period of at least four years.
Those records or reports required by the
administrator which have not been used for the
purpose of computing benefit rights or in the
determination of the amounts or rates of
contributions shall be preserved by the
administrator for at least two and one-half years.
Such records or reports may, after preservation
for the minimum period required by this section,
be destroyed by the administrator in his
discretion, notwithstanding the provisions of
section 11-8a. Notwithstanding any of the
disclosure provisions of this chapter, the
administrator shall provide upon request of the
public agency administering the [AFDC] TANF and
child support programs, any information in his
possession relating to individuals: (1) Who are
receiving, have received, or have applied for
unemployment insurance; (2) the amount of benefits
being received; (3) the current home address of
such individuals, and (4) whether any offer of
work has been refused and, if so, a description of
the job and the terms, conditions, and rate of pay
therefor. Notwithstanding any of the disclosure
provisions of this chapter, the administrator
shall provide, upon request of the Connecticut
Student Loan Foundation, its officers or
employees, any information in his possession
relating to the current residence address or place
of employment of any individual who has been
determined by the Connecticut Student Loan
Foundation to be in default on his student loan.
Reimbursement for the cost of furnishing this
information shall be made by the agency requesting
the data in a manner prescribed by the
administrator of this chapter.
Sec. 98. Subsection (c) of section 32-70 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) (1) On or before September 30, 1993, the
Commissioner of Economic and Community Development
shall approve the designation of ten areas as
enterprise zones, not more than four of which
shall be in municipalities with a population
greater than eighty thousand and not more than six
of which shall be in municipalities with a
population of less than eighty thousand. (2) (A)
On or after October 1, 1993, the commissioner
shall approve the designation of two areas as
enterprise zones. Each such area shall be in a
municipality with a population of less than eighty
thousand, in which there are one or more base or
plant closures. Such municipalities shall be in
different counties. If the commissioner approves
the designation of an area of a municipality as an
enterprise zone because of a plant closure in the
municipality and there is a closure of another
plant in any other municipality in the state by
the same business, the commissioner shall also
designate an area in such other municipality as an
enterprise zone. If any such designated area
includes a portion of a census tract in which any
such base or plant is located, the census tracts
in such area shall not be required to meet the
eligibility criteria set forth under subsection
(a) of this section for enterprise zone
designation. If any such area is located elsewhere
in the municipality, the census tracts in such
area shall meet such eligibility criteria. As used
in this subparagraph, (i) "base" means any United
States or state of Connecticut military base or
facility located in whole or in part within the
state; (ii) "plant" means any manufacturing or
economic base business, as defined in subsection
(k) of section 32-222; and (iii) "closure" means
any reduction or transfer in military personnel or
civilian employment at one or more bases or plants
in a municipality, which occurred between July 1,
1989, and July 1, 1993, or is scheduled to occur
between July 1, 1993, and July 1, 1996, and
exceeds two thousand persons. Such employment
figures shall be certified by the Labor
Department. (B) On or after October 1, 1993, the
commissioner shall approve the designation of
three other areas as enterprise zones, one of
which shall be in a municipality with a population
greater than eighty thousand and two of which
shall be in municipalities with a population of
less than eighty thousand. The census tracts in
such areas shall meet the eligibility criteria set
forth under subsection (a) of this section for
enterprise zone designation. The commissioner
shall approve the designation of enterprise zones
under this subparagraph for those municipalities
which he determines to have experienced the
largest increases in poverty from October 1, 1989,
to October 1, 1993, inclusive, based on a weighted
average of the unemployment rate, caseload under
the [aid to families with dependent children
administered pursuant to sections 17b-22, 17b-180
to 17b-183, inclusive, 17b-807 and 17b-808]
TEMPORARY FAMILY ASSISTANCE PROGRAM and per capita
income of less than ninety per cent of the state
average between 1985 and 1989. In making his
determination, the commissioner may also consider
the vacancy rates for commercial and industrial
facilities in a municipality and a municipality's
program for the implementation of an effective
enterprise zone program. To the extent
appropriate, the commissioner shall use the
Regional Economic Models, Inc. (REMI) system in
making the calculations for such determination.
(C) Notwithstanding the provisions of subsection
(a) of this section, municipalities that were not
distressed municipalities under the provisions of
subsection (b) of section 32-9p on February 1,
1986, shall be eligible to designate areas as
enterprise zones under subparagraph (A) or (B) of
this subdivision. (3) The commissioner shall not
approve the designation of more than one
enterprise zone in any municipality. The
commissioner shall adopt regulations in accordance
with chapter 54 concerning such additional
qualifications for an area to become an enterprise
zone as he deems necessary. The commissioner may
remove the designation of any area he has approved
as an enterprise zone if such area no longer meets
the criteria for designation as such an area set
forth in this section or in regulations adopted
pursuant to this section, provided no such
designation shall be removed less than ten years
from the original date of approval of such zone.
The commissioner may designate any additional area
as an enterprise zone if that area is designated
as an enterprise zone, empowerment zone or
enterprise community pursuant to any federal
legislation.
Sec. 99. Subsection (c) of section 32-290 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) The grantee shall undertake the following
tasks: (1) Recruit participants for the
entrepreneurial program, who shall primarily be
clients of the [aid to families with dependent
children] TEMPORARY FAMILY ASSISTANCE program,
displaced homemakers and dislocated workers, (2)
provide orientation concerning the program to such
participants, (3) assist the participants in
assessing their entrepreneurial strengths and
weaknesses, and (4) provide the participants with
(A) training in business planning, financial
management and marketing, (B) support groups,
individual business counseling and ongoing support
and (C) access to start-up capital.
Sec. 100. Subsection (a) of section 36a-304 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Each bank, Connecticut credit union and
federal credit union shall cash, at its main
office or any of its branch offices within this
state, any check drawn by the state of Connecticut
and payable within this state to a recipient of
public assistance [under sections 17b-22, 17b-75
to 17b-77, inclusive, 17b-79 to 17b-103,
inclusive, 17b-114, 17b-180 to 17b-183, inclusive,
17b-260 to 17b-262, inclusive, 17b-264 to 17b-285,
inclusive, 17b-357 to 17b-362, inclusive, 17b-600
to 17b-604, inclusive, 17b-807 and 17b-808] OR
STATE ADMINISTERED GENERAL ASSISTANCE or the
refugee program, if the check is negotiated to the
bank, Connecticut credit union or federal credit
union by the original payee of the check, and if
the payee produces reasonable identification as
provided for in regulations adopted pursuant to
section 36a-305. No bank, Connecticut credit union
or federal credit union shall charge such
recipient a fee for cashing a check pursuant to
this section. Nothing in this section shall
preclude a bank, Connecticut credit union or
federal credit union from requesting a fee from
the state of Connecticut for cashing such checks.
The provisions of this subsection shall apply to a
Connecticut credit union or federal credit union
only if the original payee negotiating the check
is a member of such credit union.
Sec. 101. Subsection (b) of section 38a-472 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(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
[section 17b-19, 17b-22, 17b-63 to 17b-65,
inclusive, 17b-75 to 17b-77, inclusive, 17b-79 to
17b-103, inclusive, 17b-114 to 17b-138, inclusive,
17b-180 to 17b-183, inclusive, 17b-220 to 17b-250,
inclusive, 17b-256, 17b-259 to 17b-287, inclusive,
17b-340 to 17b-350, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-689
to 17b-693, inclusive, 17b-743 to 17b-747,
inclusive, 17b-807 or 17b-808] 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. 102. Section 45a-486 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The provisions of this section shall apply
to an inter vivos trust (1) established or funded
on or after October 1, 1992; (2) established or
funded within the same period of time prior to
application for public [or medical assistance
under sections 17b-22, 17b-75 to 17b-77,
inclusive, 17b-79 to 17b-103, inclusive, 17b-114,
17b-180 to 17b-183, inclusive, 17b-260 to 17b-262,
inclusive, 17b-264 to 17b-285, inclusive, 17b-357
to 17b-362, inclusive, 17b-600 to 17b-604,
inclusive, 17b-807 and 17b-808] ASSISTANCE OR
MEDICAID as is specified in Section 1917(c) of the
Social Security Act or in a waiver approved by the
Secretary of Health and Human Services concerning
the disposal of assets for less than fair market
value; and (3) in which the settlor or the
settlor's spouse is a beneficiary.
(b) Upon the application of the Department of
Social Services, the Superior Court shall
terminate an inter vivos trust established by a
person or the person's spouse when the person or
the person's spouse becomes an applicant for or
recipient of public [or medical assistance in
accordance with the provisions of sections 17b-22,
17b-75 to 17b-77, inclusive, 17b-79 to 17b-103,
inclusive, 17b-114, 17b-180 to 17b-183, inclusive,
17b-260 to 17b-262, inclusive, 17b-264 to 17b-285,
inclusive, 17b-357 to 17b-362, inclusive, 17b-600
to 17b-604, inclusive, 17b-807 and 17b-808]
ASSISTANCE OR MEDICAID. The Superior Court shall
order that the principal and any undistributed
income shall be distributed to the settlor of the
trust. This section shall not apply if the
settlor, the settlor's spouse, a conservator or
other legal representative of the settlor or the
settlor's spouse, or any other person having a
beneficial interest in the trust, establishes by
clear and convincing evidence that not one of the
principal purposes of the trust was the current or
future qualification of the settlor or the
settlor's spouse for benefits under Title XIX of
the Social Security Act (42 USC 1396 et seq.).
(c) On or after October 1, 1992, the
provisions of this section shall not apply to
charitable remainder trusts, as defined in Section
664(d) of the Internal Revenue Code of 1986, or
any corresponding internal revenue code of the
United States, as from time to time amended, nor
to transfers which are deductible pursuant to
Section 170(f)(2)(B), 2055(e)(2) or 2522(c)(2) of
said code, nor to any trust in which the settlor
or the settlor's spouse has not retained any
interest, other than reversionary interest of five
per cent or less.
Sec. 103. Subsection (d) of section 45a-655 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(d) In the case of any person receiving public
[or medical assistance in accordance with the
provisions of sections 17b-22, 17b-75 to 17b-77,
inclusive, 17b-79 to 17b-103, inclusive, 17b-114,
17b-180 to 17b-183, inclusive, 17b-260 to 17b-262,
inclusive, 17b-264 to 17b-285, inclusive, 17b-357
to 17b-362, inclusive, 17b-600 to 17b-604,
inclusive, 17b-807 and 17b-808] ASSISTANCE, STATE
ADMINISTERED GENERAL ASSISTANCE OR MEDICAID, the
conservator of the estate shall apply toward the
cost of care of such person any assets exceeding
limits on assets set by statute or regulations
adopted by the Commissioner of Social Services.
Notwithstanding the provisions of subsections (a)
and (b) of this section, in the case of an
institutionalized person who has applied for or is
receiving such medical assistance, no conservator
shall apply and no court shall approve the
application of (1) the net income of the ward to
the support of the ward's spouse in an amount that
exceeds the monthly income allowed a community
spouse as determined by the Department of Social
Services pursuant to 42 USC 1396r-5(d)(2)-(4) or
(2) any portion of the property of the ward to the
support, maintenance and medical treatment of the
ward's spouse in an amount that exceeds the amount
determined allowable by the department pursuant to
42 USC 1396r-5(f)(1) and (2), notwithstanding the
provisions of 42 USC 1396r-5(f)(2)(A)(iv), unless
(A) such limitations on income or property would
result in significant financial duress or (B) an
amount exceeding such limitations is necessary to
generate income.
Sec. 104. Subsection (g) of section 46b-84 of
the general statutes, as amended by public act
97-321, is repealed and the following is
substituted in lieu thereof:
(g) Whenever an obligor is before the court in
proceedings to establish, modify or enforce a
support order, and such order is not secured by a
wage garnishment, the court may require the
obligor to execute a bond or post other security
sufficient to perform such order for support,
provided the court finds that such a bond is
available for purchase within the financial means
of the obligor. Upon failure of such obligor to
comply with such support order, the court may
order the bond or the security forfeited and the
proceeds thereof paid to the state in [AFDC] TANF
cases or to the obligee in [non-AFDC] NON-TANF
cases.
Sec. 105. Subsection (c) of section 46b-86 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) When one of the parties, or a child of the
parties, is receiving or has received aid or care
from the state under its [AFDC program as provided
in Title IV-A of the Social Security Act] AID TO
FAMILIES WITH DEPENDENT CHILDREN PROGRAM OR
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM or
under its foster care program as provided in Title
IV-E of the Social Security Act, or where one of
the parties has applied for child support
enforcement services under Title IV-D of the
Social Security Act as provided in section
17b-179, AS AMENDED BY THIS ACT, such motion to
modify shall be filed with the Family Support
Magistrate Division for determination in
accordance with subsection (m) of section 46b-231,
AS AMENDED BY THIS ACT.
Sec. 106. Section 46b-130 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The parents of a minor child for whom care or
support of any kind has been provided under the
provisions of this chapter, shall be liable to
reimburse the state for such care or support to
the same extent, and under the same terms and
conditions as are the parents of recipients of
public assistance. [, under the provisions of
sections 17b-22, 17b-75 to 17b-77, inclusive,
17b-79 to 17b-103, inclusive, 17b-114, 17b-180 to
17b-183, inclusive, 17b-260 to 17b-262, inclusive,
17b-264 to 17b-285, inclusive, 17b-357 to 17b-362,
inclusive, 17b-600 to 17b-604, inclusive, 17b-807
and 17b-808.] Upon receipt of foster care
maintenance payments under Title IV-E of the
Social Security Act by a minor child, the right of
support, present, past, and future from a parent
of such child shall, by this section, be assigned
to the Commissioner of Children and Families.
Referral by the commissioner shall promptly be
made to the child support enforcement unit of the
Department of Social Services for pursuit of
support for said minor child in accordance with
the provisions of section 17b-179, AS AMENDED BY
THIS ACT. Any child who reimburses the state under
the provisions of subsection (f) of section
46b-129 for any care or support he received shall
have a right of action to recover such payments
from his parents.
Sec. 107. Section 46b-215 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Superior Court or a family support
magistrate shall have authority to make and
enforce orders for payment of support against any
person who neglects or refuses to furnish
necessary support to his or her spouse or a child
under the age of eighteen, according to his or her
ability to furnish such support, notwithstanding
the provisions of section 46b-37. Proceedings to
obtain such orders of support shall be commenced
by the service on the liable person or persons of
a verified petition with summons and order, in a
form prescribed by the Office of the Chief Court
Administrator, of the husband or wife, child or
any relative or the conservator, guardian or
support enforcement officer, town or state, or any
selectmen or the public official charged with the
administration of public assistance of the town,
or in [AFDC] TANF support cases, as defined in
subsection (b) of section 46b-231, AS AMENDED BY
THIS ACT, the Commissioner of Social Services. The
verified petition, summons and order shall be
filed in the judicial district in which the
petitioner or respondent resides or does business,
or if filed in the Family Support Magistrate
Division, in the judicial district in which the
petitioner or respondent resides or does business.
For purposes of this section, the term "child"
shall include one born out of wedlock whose father
has acknowledged in writing his paternity of such
child or has been adjudged the father by a court
of competent jurisdiction, or a child who was born
before marriage whose parents afterwards
intermarry. Said court or family support
magistrate shall also have authority to make and
enforce orders directed to the conservator or
guardian of any person, or payee of social
security or other benefits to which such person is
entitled, to the extent of the income or estate
held by such fiduciary or payee in any such
capacity. Said court or family support magistrate
shall also have authority to determine, order and
enforce payment of any sums due under a written
agreement to support against the person liable for
such support under such agreement. Said court or
family support magistrate shall also have
authority to determine, order and enforce payment
of any support due because of neglect or refusal
to furnish support prior to the action. In the
determination of support due based on neglect or
refusal to furnish support prior to the action,
the support due for periods of time prior to the
action shall be based upon the obligor's ability
to pay during such prior periods. The state shall
disclose to the court any information in its
possession concerning current and past ability to
pay. With respect to such orders entered into on
or after October 1, 1991, if no information is
available to the court concerning past ability to
pay, the court may determine the support due for
periods of time prior to the action as if past
ability to pay is equal to current ability to pay
if known or, if not known, based upon assistance
rendered to the child. Any finding as to support
due for periods of time prior to the action which
is made without information concerning past
ability to pay shall be entered subject to
adjustment when such information becomes available
to the court. Such adjustment may be made upon
motion of any party within four months from the
date upon which the obligor receives notification
of (1) the amount of such finding of support due
for periods of time prior to the action and (2)
the right within four months of receipt of such
notification to present evidence as to his past
ability to pay support for such periods of time
prior to the action. The judge or family support
magistrate shall cause a summons, signed by him,
by the clerk of said court or Family Support
Magistrate Division, or by a commissioner of the
Superior Court to be issued requiring such liable
person or persons to appear in court or before a
family support magistrate, at a time and place as
determined by the clerk but not more than ninety
days after the issuance of the summons. Service
may be made by a sheriff, any proper officer or
any investigator employed by the Department of
Social Services or by the Commissioner of
Administrative Services. The sheriff, proper
officer or investigator shall make due return of
process to the court not less than twenty-one days
before the date assigned for hearing. Upon proof
of the service of the summons to appear in court
or before a family support magistrate at the time
and place named for hearing upon such petition,
the failure of the defendant or defendants to
appear shall not prohibit the court or family
support magistrate from going forward with the
hearing. If the summons and order is signed by a
commissioner of the Superior Court, upon proof of
service of the summons to appear in court or
before a family support magistrate and upon the
failure of the defendant to appear at the time and
place named for hearing upon the petition, request
may be made by the petitioner to the court or
family support magistrate for an order that a
capias mittimus be issued. In the case of a person
supported wholly or in part by a town, the welfare
authority of the town shall notify the responsible
relatives of such person of the amount of
assistance given, the beginning date thereof and
the amount of support expected from each of them,
if any, and if any such relative does not
contribute in such expected amount, the superior
court for the judicial district in which such town
is located or a family support magistrate sitting
in the judicial district in which such town is
located may order such relative or relatives to
contribute to such support, from the time of the
beginning date of expense shown on the notice,
such sum as said court or family support
magistrate deems reasonably within each such
relative's ability to support such person. The
court, or any judge thereof, or family support
magistrate when said court or family support
magistrate is not sitting, may require the
defendant or defendants to become bound, with
sufficient surety, to the state, town or person
bringing the complaint, to abide such judgment as
may be rendered on such complaint. Failure of the
defendant or defendants to obey any order made
hereunder, may be punished as contempt of court
and the costs of commitment of any person
imprisoned therefor shall be paid by the state as
in criminal cases. Except as otherwise provided,
upon proof of the service of the summons to appear
in court or before a family support magistrate at
the time and place named for a hearing upon the
failure of the defendant or defendants to obey
such court order or order of the family support
magistrate, the court or family support magistrate
may order a capias mittimus be issued, and
directed to some proper officer to arrest such
defendant or defendants and bring him or them
before the Superior Court for the contempt
hearing. When any person is found in contempt
under this section, the court or family support
magistrate may award to the petitioner a
reasonable attorney's fee and the fees of the
officer serving the contempt citation, such sums
to be paid by the person found in contempt. In
addition to or in lieu of such contempt
proceedings the court or family support
magistrate, upon a finding that any person has
failed to obey any order made hereunder, may
suspend any professional, occupational or motor
vehicle operator's license as provided in
subsections (b) to (e), inclusive, of section
46b-220, provided such failure was without good
cause, may issue a wage withholding order against
such amount of any debt accruing by reason of
personal services as provided by sections 52-362,
52-362b and 52-362c, and may further order
executions against any real, personal, or other
property of such person which cannot be
categorized solely as either, for payment of
accrued and unpaid amounts due under such order.
No entry fee, judgment fee or any other court fee
shall be charged by the court or the family
support magistrate to either party in proceedings
under this section. Any written agreement to
support which is filed with the court or the
Family Support Magistrate Division shall have the
effect of an order of the court or a family
support magistrate.
(b) The Attorney General of the state of
Connecticut and the attorney representing a town,
shall become a party for the interest of the state
of Connecticut and such town, in any proceedings
for support which concerns any person who is
receiving or has received public assistance or
care from the state or any town. The Attorney
General shall represent the IV-D agency in
[non-AFDC] NON-TANF IV-D support cases if the IV-D
agency determines that such representation is
required pursuant to guidelines issued by the
Commissioner of Social Services.
(c) The court or a family support magistrate
may direct all orders of support to be made
through the Support Enforcement Division and shall
direct payments made under such orders to the
Commissioner of Administrative Services, with
authority residing in the Support Enforcement
Division to enforce all orders directed for its
supervision.
(d) No order for support made by the court or
a family support magistrate shall be stayed by an
appeal but such order shall continue in effect
until a determination is made thereon upon such
appeal; if however as a result of such appeal or
further hearing, the amount of such order is
reduced or vacated, such defendant shall be
credited or reimbursed accordingly.
(e) Any court or family support magistrate,
called upon to enforce a support order, shall
insure that such order is reasonable in light of
the obligor's ability to pay. Any support order
entered pursuant to this section, or any support
order from another jurisdiction subject to
enforcement by the state of Connecticut, may be
modified by motion of the party seeking such
modification upon a showing of a substantial
change in the circumstances of either party or
upon a showing that such support order
substantially deviates from the child support
guidelines established pursuant to section
46b-215a, unless there was a specific finding on
the record that the application of the guidelines
would be inequitable or inappropriate, provided
the court or family support magistrate finds that
the obligor or the obligee and any other
interested party have received actual notice of
the pendency of such motion and of the time and
place of the hearing on such motion. There shall
be a rebuttable presumption that any deviation of
less than fifteen per cent from the child support
guidelines is not substantial and any deviation of
fifteen per cent or more from the guidelines is
substantial. Modification may be made of such
support order without regard to whether the order
was issued before, on or after May 9, 1991. No
such support orders may be subject to retroactive
modification, except that the court or family
support magistrate may order modification with
respect to any period during which there is a
pending motion for a modification of an existing
support order from the date of service of the
notice of such pending motion upon the opposing
party pursuant to section 52-50. In any hearing to
modify any support order from another jurisdiction
the court or the family support magistrate shall
conduct the proceedings in accordance with the
procedure set forth in section 46b-197.
Sec. 108. Section 46b-231 of the general
statutes, as amended by public act 97-252 and
section 7 of public act 97-294, is repealed and
the following is substituted in lieu thereof:
(a) This section shall be known and may be
cited as the "Family Support Magistrate's Act".
(b) For the purposes of this section:
(1) ["AFDC cases"] "TANF CASES" are cases in
which an individual is receiving benefits under
[Title IV-A of the Social Security Act] THE
TEMPORARY FAMILY ASSISTANCE TO NEEDY FAMILIES
PROGRAM;
(2) "Chief Family Support Magistrate" means
the family support magistrate designated by the
Chief Court Administrator as provided in
subsection (f) of this section to determine and
enforce child support orders under this section
and designated to administer proceedings to
enforce such orders;
(3) "Child support enforcement services" means
the services provided for the establishment and
enforcement of support by the department pursuant
to Title IV-D of the Social Security Act;
(4) "Commissioner" means the Commissioner of
Social Services, a designee or authorized
representative;
(5) "Connecticut Child Support Enforcement
Bureau" means a division within the Department of
Social Services established pursuant to section
17b-179, AS AMENDED BY THIS ACT;
(6) "Department" means the Department of
Social Services or any bureau, division or agency
of the Department of Social Services;
(7) "Family Support Magistrate Division" means
a division of the Superior Court created by this
section for the purpose of establishing and
enforcing child and spousal support in IV-D cases
utilizing quasi-judicial proceedings;
(8) "Family support magistrate" means a
person, appointed as provided in subsection (f) of
this section to establish and enforce child and
spousal support orders;
(9) "Foster care cases" are cases in which
children are receiving foster care under Title
IV-E of the Social Security Act;
(10) "Law" includes both common and statute
law;
(11) "Obligee" means any person to whom a duty
of support is owed;
(12) "Obligor" means any person owing a duty
of support;
(13) "IV-D agency" means the agency created by
section 17b-179, AS AMENDED BY THIS ACT, the Child
Support Enforcement Bureau of the Department of
Social Services, to administer the child support
program mandated by Title IV-D of the Social
Security Act;
(14) "IV-D support cases" are actions for
child and spousal support under Title IV-D of the
Social Security Act and include cases in which
support rights have been assigned to the state in
[AFDC] TANF cases and in foster care cases or
cases in which a person has applied, prior to
October 1, 1993, to the Support Enforcement
Division of the Superior Court, or applied, on or
after October 1, 1993, to the Department of Social
Services, for child-support enforcement services.
(c) The remedies herein provided are in
addition to and not in substitution for any other
remedy.
(d) There is created the Family Support
Magistrate Division of the Superior Court for the
purpose of the impartial administration of child
and spousal support.
(e) Repealed by P.A. 91-190, S. 8, 9.
(f) The Family Support Magistrate Division
shall include nine family support magistrates who
shall be appointed by the Governor to serve in
that capacity for a term of three years. A family
support magistrate may be reappointed upon
completion of his term of office by the Governor.
To be eligible for appointment, a family support
magistrate must have engaged in the practice of
law for five years prior to his appointment and
shall be experienced in the field of family law.
He shall devote full time to his duties as a
family support magistrate and shall not engage in
the private practice of law. A family support
magistrate may be removed from office by the
Governor for cause.
(g) A Chief Family Support Magistrate shall be
designated by the Chief Court Administrator of the
Superior Court from among the nine family support
magistrates appointed by the Governor pursuant to
subsection (f) of this section. Under the
direction of the Chief Court Administrator, the
Chief Family Support Magistrate shall supervise
the Family Support Magistrate Division and submit
an annual report to the Chief Court Administrator
and perform such other duties as provided in this
section.
(h) (1) On and after January 1, 1993, the
Chief Family Support Magistrate shall receive a
salary of seventy-two thousand seven hundred
ninety-one dollars, and other family support
magistrates shall receive an annual salary of
sixty-eight thousand two hundred seventy-one
dollars.
(2) On and after July 1, 1995, the Chief
Family Support Magistrate shall receive a salary
of seventy-four thousand nine hundred seventy-five
dollars, and other family support magistrates
shall receive an annual salary of seventy thousand
three hundred nineteen dollars.
(3) On and after July 1, 1996, the Chief
Family Support Magistrate shall receive a salary
of seventy-seven thousand two hundred twenty-four
dollars, and other family support magistrates
shall receive an annual salary of seventy-two
thousand four hundred twenty-nine dollars.
(4) On and after October 1, 1997, the Chief
Family Support Magistrate shall receive a salary
of seventy-eight thousand seven hundred sixty-nine
dollars, and other family support magistrates
shall receive an annual salary of seventy-three
thousand eight hundred seventy-eight dollars.
(5) On and after October 1, 1998, the Chief
Family Support Magistrate shall receive a salary
of eighty thousand three hundred forty-five
dollars, and other family support magistrates
shall receive an annual salary of seventy-five
thousand three hundred fifty-six dollars.
(i) (1) Family support magistrates shall be
included under the provisions of chapters 65 and
66 regarding retirement and disability of state
employees. Each such individual shall receive full
retirement credit for each year or portion thereof
for which retirement benefits are paid while
serving as a family support magistrate.
(2) Any family support magistrate may elect to
be included within the provisions of sections
51-49, 51-49a, 51-49b, 51-49c, 51-49d, 51-49h,
51-50a and 51-50b, or to continue to be subject to
the provisions of subdivision (1) of this
subsection. Any family support magistrate who has
so elected may revoke such election and elect to
be included in the provisions of chapters 65 and
66 regarding retirement and disability of state
employees. Thereupon any payments transferred from
the state employees retirement fund to the judges,
family support magistrates and compensation
commissioners retirement fund shall be transferred
from the judges, family support magistrates and
compensation commissioners retirement fund to the
state employees retirement fund.
(j) The Chief Court Administrator shall
designate assistant clerks for the Family Support
Magistrate Division to serve in judicial districts
created pursuant to section 51-344 and such other
assistant clerks and other employees as may be
necessary for the operation of the Family Support
Magistrate Division. The assistant clerk
designated to serve in a judicial district for the
Family Support Magistrate Division shall promptly
notify the obligee and the obligor or the attorney
for the obligee or obligor of any support order
entered by a family support magistrate assigned to
such judicial district. Such notice shall set
forth in full the terms of the support order
entered by the family support magistrate. The
administrative judge for each judicial district
may also assign clerks or administrative clerks
for the judicial district to serve as assistant
clerks or administrative clerks in his judicial
district for the Family Support Magistrate
Division.
(k) The Chief Court Administrator shall
arrange for the recording of all hearings before
the family support magistrate by contract or
otherwise.
(l) The judges of the Superior Court shall
adopt rules of procedure in accordance with the
provisions of section 51-14 for the handling of
IV-D support cases by magistrates. Such rules of
procedure shall conform when applicable to rules
adopted for the Superior Court.
(m) The Chief Family Support Magistrate and
the family support magistrates shall have the
powers and duties enumerated in this subsection.
(1) A family support magistrate in IV-D
support cases may compel the attendance of
witnesses or the obligor under a summons issued
pursuant to sections 17b-745, AS AMENDED BY THIS
ACT, 46b-172 and 46b-215, AS AMENDED BY THIS ACT,
or under a subpoena issued pursuant to section
52-143, or a citation for failure to obey an order
of a family support magistrate or a judge of the
Superior Court. If a person is served with a
summons, subpoena or citation issued by the family
support magistrate or the assistant clerk of the
Family Support Magistrate Division and fails to
appear, a family support magistrate may issue a
capias mittimus directed to some proper officer to
arrest the obligor or the witness and bring him
before a family support magistrate. Whenever such
a capias mittimus is ordered, the family support
magistrate shall establish a recognizance to the
state of Connecticut in the form of a bond of such
character and amount as to assure the appearance
of the obligor at the next regular session of the
Family Support Magistrate Division in the judicial
district in which the matter is pending. If the
obligor posts such a bond, and thereafter fails to
appear before the family support magistrate at the
time and place he is ordered to appear, the family
support magistrate may order the bond forfeited,
and the proceeds thereof paid to the state in
[AFDC] TANF cases or the obligee in [non-AFDC]
NON-TANF cases.
(2) Family support magistrates shall hear and
determine matters involving child and spousal
support in IV-D support cases including petitions
for support brought pursuant to sections 17b-81,
17b-179, AS AMENDED BY THIS ACT, 17b-745, AS
AMENDED BY THIS ACT, and 46b-215, AS AMENDED BY
THIS ACT; applications for show cause orders in
IV-D support cases brought pursuant to subsection
(b) of section 46b-172, and actions for interstate
enforcement of child and spousal support under
sections 46b-180 to 46b-211, inclusive, and shall
hear and determine all motions for modifications
of child and spousal support in such cases. A
family support magistrate shall not modify an
order for periodic payment on an arrearage due the
state for state assistance which has been
discontinued to increase such payments, unless the
family support magistrate first determines that
the state has made a reasonable effort to notify
the current recipient of child support, at the
most current address available to the IV-D agency,
of the pendency of the motion to increase such
periodic arrearage payments and of the time and
place of the hearing on such motion. If such
recipient appears, either personally or through a
representative, at such hearing, the family
support magistrate shall determine whether the
order in effect for child support is reasonable in
relation to the current financial circumstances of
the parties, prior to modifying an order
increasing such periodic arrearage payments.
(3) Family support magistrates shall review
and approve or modify all agreements for support
in IV-D support cases filed with the Family
Support Magistrate Division in accordance with
sections 17b-179, AS AMENDED BY THIS ACT, 17b-745,
AS AMENDED BY THIS ACT, 46b-172, 46b-215, AS
AMENDED BY THIS ACT, and subsection (c) of section
53-304.
(4) Motions for modification of existing child
and spousal support orders entered by the Superior
Court in IV-D support cases, including motions to
modify existing child and spousal support orders
entered in actions brought pursuant to chapter
815j, shall be brought in the Family Support
Magistrate Division and decided by a family
support magistrate, except that an order to modify
existing child and spousal support orders entered
in actions brought pursuant to chapter 815j shall
be subject to the approval of a judge of the
Superior Court and may be modified by such judge.
Family support magistrates, in deciding if a
spousal or child-support order should be modified,
shall make such determination based upon the
criteria set forth in section 46b-84, AS AMENDED
BY THIS ACT, and section 46b-215b. A person who is
aggrieved by a decision of a family support
magistrate modifying a superior court order is
entitled to appeal such decision in accordance
with the provisions of subsection (n) of this
section.
(5) Proceedings to establish paternity in IV-D
support cases shall be filed in the family support
magistrate division for the judicial district
where the mother or putative father resides. The
matter shall be heard and determined by the family
support magistrate in accordance with the
provisions of chapter 815y, except that if a party
to the action demands trial by jury, pursuant to
section 46b-164, the matter shall be referred for
trial to the superior court for the judicial
district where the case was filed.
(6) Acknowledgments of paternity and
agreements for support obtained in [AFDC] TANF
cases, or cases in which the mother of the child
has applied for IV-D services, shall be filed with
the assistant clerk of the family support
magistrate division for the judicial district
where the mother of the child or the putative
father resides, pursuant to section 46b-172, and
shall become effective as an order upon filing
with the clerk. Such support agreements shall be
reviewed by the family support magistrate who
shall approve or disapprove the agreement. If the
support agreement filed with the clerk is
disapproved by a family support magistrate, such
disapproval shall have a retroactive effect.
(7) Family support magistrates shall enforce
orders for child and spousal support entered by
such family support magistrate and by the Superior
Court in IV-D support cases by citing an obligor
for contempt. Family support magistrates may
require the obligor to furnish recognizance to the
state of Connecticut in the form of a cash deposit
or bond of such character and in such amount as
the Family Support Magistrate Division deems
proper to assure appearance at the next regular
session of the Family Support Magistrate Division
in the judicial district in which the matter is
pending. Upon failure of the obligor to post such
bond, the family support magistrate may refer the
obligor to a community correctional center until
he has complied with such order, provided that the
obligor shall be heard at the next regular session
of the Family Support Magistrate Division in the
court to which he was summoned. If no regular
session is held within seven days of such
referral, the family support magistrate shall
either cause a special session of the Family
Support Magistrate Division to be convened, or the
obligor shall be heard by a Superior Court judge
in the judicial district. If the obligor fails to
appear before the family support magistrate at the
time and place he is ordered to appear, the family
support magistrate may order the bond, if any,
forfeited, and the proceeds thereof paid to the
state in [AFDC] TANF cases or the obligee in
[non-AFDC] NON-TANF cases, as the family support
magistrate may determine, and the family support
magistrate may issue a capias mittimus for the
arrest of the obligor, ordering him to appear
before the family support magistrate. A family
support magistrate may determine whether or not an
obligor is in contempt of the order of the
superior court or of a family support magistrate
and may make such orders as are provided by law to
enforce a support obligation, except that if the
family support magistrate determines that
incarceration of an obligor for failure to obey a
support order may be indicated, the family support
magistrate shall inform the obligor of his right
to be represented by an attorney and his right to
a court-appointed attorney to represent him if he
is indigent. If the obligor claims he is indigent
and desires an attorney to represent him, the
family support magistrate shall conduct a hearing
to determine if the obligor is indigent; and if he
so finds, he will appoint an attorney to represent
him.
(8) Agreements between parties as to custody
and visitation of minor children in IV-D support
cases may be filed with the assistant clerk of the
Family Support Magistrate Division. Such
agreements shall be reviewed by a family support
magistrate, who shall approve the agreement unless
he finds such agreement is not in the best
interests of the child. Agreements between parties
as to custody and visitation in IV-D support cases
shall be enforced in the same manner as agreements
for support are enforced, pursuant to subdivision
(7) of this subsection.
(9) Whenever an obligor is before a family
support magistrate in proceedings to establish,
modify or enforce a support order in a IV-D
support case and such order is not secured by a
wage garnishment or withholding order, the
magistrate may require the obligor to execute a
bond or post other security sufficient to perform
such order for support, provided the magistrate
finds that such a bond is available for purchase
within the financial means of the obligor. Upon
failure of such obligor to comply with such
support order, the family support magistrate may
order the bond or the security forfeited and the
proceeds thereof paid to the state in [AFDC] TANF
cases or to the obligee in [non-AFDC] NON-TANF
cases.
(10) In any proceeding in the Family Support
Magistrate Division, if the family support
magistrate finds that a party is indigent and
unable to pay a fee or fees payable to the court
or to pay the cost of service of process, the
family support magistrate shall waive such fee or
fees and the cost of service of process shall be
paid by the state.
(11) A family support magistrate may dismiss
any action or proceeding which the family support
magistrate may hear and determine.
(n) (1) A person who is aggrieved by a final
decision of a family support magistrate is
entitled to judicial review by way of appeal under
this section.
(2) Proceedings for such appeal shall be
instituted by filing a petition and payment of a
fifty-five dollar filing fee in superior court for
the judicial district in which the decision of the
family support magistrate was rendered not later
than fourteen days after filing of the final
decision with an assistant clerk assigned to the
Family Support Magistrate Division or, if a
rehearing is requested, not later than fourteen
days after filing of the notice of the decision
thereon. Such petitions shall be accompanied by a
certification that copies of the petition have
been served upon the IV-D agency as defined in
subsection (b) of this section and all parties of
record. Service upon the IV-D agency may be made
by the appellant mailing a copy of the petition by
certified mail to the office of the Attorney
General in Hartford.
(3) Within fourteen days after the filing of
the petition, or within such further time as may
be allowed by the court, the Family Support
Magistrate Division shall transmit to the
reviewing court the original or a certified copy
of the entire record of the proceeding appealed
from, which shall include the decision of the
family support magistrate. The court may require
or permit subsequent corrections or additions to
the record.
(4) The aggrieved party shall file with his
appeal a statement that no transcript is required
for the purpose of determining the issues raised
on appeal or a statement that he has ordered a
transcript. A transcript may be filed by any party
to an appeal and shall be filed within thirty days
from the filing of said appeal unless the time for
filing such transcript is extended by order of the
Superior Court or the family support magistrate.
Costs of preparing the transcript shall be paid by
the party ordering the preparation of the
transcript.
(5) If, before the date set for hearing,
application is made to the Superior Court for
leave to present additional evidence, and it is
shown to the satisfaction of the court that the
additional evidence is material and that there
were good reasons for failure to present it in the
proceeding before the family support magistrate,
the Superior Court may permit additional evidence
be taken before it upon conditions determined by
the court.
(6) The appeal shall be conducted by the
Superior Court without a jury and shall be
confined to the record and such additional
evidence as the Superior Court has permitted to be
introduced. The Superior Court, upon request,
shall hear oral argument and receive written
briefs.
(7) The Superior Court may affirm the decision
of the family support magistrate or remand the
case for further proceedings. The Superior Court
may reverse or modify the decision if substantial
rights of the appellant have been prejudiced
because the decision of the family support
magistrate is: (A) In violation of constitutional
or statutory provisions; (B) in excess of the
statutory authority of the family support
magistrate; (C) made upon unlawful procedure; (D)
affected by other error of law; (E) clearly
erroneous in view of the reliable, probative, and
substantial evidence on the whole record; or (F)
arbitrary or capricious or characterized by abuse
of discretion or clearly unwarranted exercise of
discretion.
(8) Any order entered by the court pursuant to
an appeal under this subsection may be retroactive
to the date of the original order entered by the
family support magistrate.
(9) Upon all such appeals which are denied,
costs may be taxed in favor of the prevailing
party at the discretion of the Superior Court, but
no costs shall be taxed against the state.
(10) In any case in which any party claims
that he cannot pay the costs of an appeal or
defending an appeal under this section, he shall,
within the time permitted for filing the appeal,
or the time permitted for filing of a transcript
of testimony if preparation of such transcript is
required, file with the clerk of the superior
court to which the appeal is to be taken an
application for waiver of payment of such fees,
costs and necessary expenses. The application
shall conform to rules adopted pursuant to section
51-14. After such hearing as the Superior Court
determines is necessary, the Superior Court shall
enter its judgment on the application, which
judgment shall contain a statement of the facts
the Superior Court has found, with its conclusions
thereon. The filing of the application for the
waiver shall toll the time limits for the filing
of an appeal until such time as a judgment on such
application is entered.
(o) Upon final determination of any appeal
from a decision of a family support magistrate by
the Superior Court, there shall be no right to
further review except to the Appellate Court. The
procedure on such appeal to the Appellate Court
shall, except as otherwise provided herein, be in
accordance with the procedures provided by rule or
law for the appeal of judgments rendered by the
Superior Court unless modified by rule of the
judges of the Appellate Court. There shall be no
right to further review except to the Supreme
Court pursuant to the provisions of section
51-197f.
(p) The filing of an appeal from a decision of
a family support magistrate does not affect the
order of support of a family support magistrate,
but it shall continue in effect until the appeal
is decided, and thereafter, unless denied, until
changed by further order of a family support
magistrate or the Superior Court.
(q) When an order for child or spousal support
has been entered against an obligor by the
Superior Court in an action originating in the
Superior Court, such order shall supersede any
previous order for child or spousal support
against such obligor entered by a family support
magistrate and shall also supersede any previous
agreement for support executed by such obligor and
filed with the Family Support Magistrate Division.
(r) Orders for support entered by a family
support magistrate shall have the same force and
effect as orders of the Superior Court, except
where otherwise provided in sections 17b-81,
17b-93, AS AMENDED BY THIS ACT, 17b-179, AS
AMENDED BY THIS ACT, 17b-743 to 17b-746,
inclusive, AS AMENDED BY THIS ACT, subsection (a)
of section 46b-55, sections 46b-59a, 46b-86, AS
AMENDED BY THIS ACT, and 46b-172, this chapter,
subsection (b) of section 51-348, section 52-362,
subsection (a) of section 52-362d, subsection (a)
of section 52-362e, AS AMENDED BY THIS ACT, and
subsection (c) of section 53-304, and shall be
considered orders of the Superior Court for the
purpose of establishing and enforcing support
orders of the family support magistrate, as
provided in sections 17b-81, 17b-93, AS AMENDED BY
THIS ACT, 17b-179, AS AMENDED BY THIS ACT,
17b-745, AS AMENDED BY THIS ACT, 52-362, 52-362d,
52-362e, AS AMENDED BY THIS ACT, and 53-304,
except as otherwise provided in this section. All
orders for support issued by family support
magistrates in any matter before a magistrate
shall contain an order for withholding to enforce
such orders as set forth in said section 52-362.
(s) Support enforcement officers of the
Support Enforcement Division of the Superior Court
shall:
(1) Supervise the payment of any child or
spousal support order made by a family support
magistrate. Supervision of such orders is defined
as the utilization of all procedures available by
law to collect child or spousal support, including
issuance and implementation of wage withholdings
ordered by a family support magistrate pursuant to
section 52-362, and if necessary, bringing an
application for contempt to a family support
magistrate and, in connection with such
application, issuing an order requiring the
obligor to appear before a family support
magistrate to show cause why he should not be held
in contempt for failure to pay an order for child
or spousal support entered by the Superior Court
or a family support magistrate;
(2) In [non-AFDC] NON-TANF cases, have the
authority to bring petitions for support orders
pursuant to section 46b-215, AS AMENDED BY THIS
ACT, file agreements for support with the
assistant clerk of the Family Support Magistrate
Division, and bring applications for show cause
orders pursuant to section 46b-172, and in IV-D
cases, enforce foreign support orders registered
with the Family Support Magistrate Division
pursuant to section 46b-198b, and file agreements
for support with the assistant clerk of the Family
Support Magistrate Division;
(3) In connection with any order or agreement
entered by, or filed with, the Family Support
Magistrate Division, or any order entered by the
Superior Court in a IV-D support case upon order,
investigate the financial situation of the parties
and report findings to the family support
magistrate regarding: (A) Any pending motion to
modify such order or agreement or (B) any request
or application for modification of such order or
agreement made by an obligee;
(4) In [non-AFDC] NON-TANF IV-D cases, review
child support orders at the request of either
parent subject to a support order or at the
request of the Bureau of Child Support Enforcement
and initiate an action before a family support
magistrate to modify such support order if it is
determined upon such review that the order
substantially deviates from the child support
guidelines established pursuant to section
46b-215a or 46b-215b. There shall be a rebuttable
presumption that any deviation of less than
fifteen per cent from the child support guidelines
is not substantial and any deviation of fifteen
per cent or more from the guidelines is
substantial. Modification may be made of such
support order without regard to whether the order
was issued before, on or after May 9, 1991. In
determining whether to modify a child support
order based on a substantial deviation from such
child support guidelines, consideration shall be
given to the division of real and personal
property between the parties set forth in any
final decree entered pursuant to chapter 815j and
the benefits accruing to the child as the result
of such division. No order for periodic payment of
support may be subject to retroactive
modification, except that the family support
magistrate may order modification with respect to
any period during which there is a pending motion
for modification of a support order from the date
of service of notice of such pending motion to the
opposing party pursuant to section 52-50.
(5) In [AFDC] TANF IV-D cases, review child
support orders and initiate an action before a
family support magistrate to modify such support
order if it is determined upon such review that
(A) there is substantial change in the
circumstances of either party, or (B) the order
substantially deviates from the child support
guidelines established pursuant to section
46b-215a or 46b-215b. There shall be a rebuttable
presumption that any deviation of less than
fifteen per cent from the child support guidelines
is not substantial and any deviation of fifteen
per cent or more from the guidelines is
substantial. Modification may be made of such
support order without regard to whether the order
was issued before, on or after May 9, 1991. In
determining whether to modify a child support
order based on a substantial deviation from such
child support guidelines, consideration shall be
given to the division of real and personal
property between the parties set forth in any
final decree entered pursuant to chapter 815j and
the benefits accruing to the child as the result
of such division. No order for periodic payment of
support may be subject to retroactive
modification, except that the family support
magistrate may order modification with respect to
any period during which there is a pending motion
for modification of a support order from the date
of service of notice of such pending motion to the
opposing party pursuant to section 52-50.
(t) The Attorney General shall:
(1) Represent the interest of the state in all
actions for child or spousal support in all cases
in which the state is furnishing or has furnished
aid or care to one of the parties to the action or
a child of one of the parties;
(2) Represent the petitioner in proceedings
for enforcement of interstate support enforcement
under sections 46b-180 to 46b-211, inclusive,
unless the petitioner is represented by an
attorney retained by the petitioner;
(3) Represent the IV-D agency in providing
support enforcement services in [non-AFDC]
NON-TANF IV-D support cases pursuant to sections
17b-179, AS AMENDED BY THIS ACT, and 46b-215, AS
AMENDED BY THIS ACT.
(u) The Department of Social Services may in
IV-D cases (1) bring petitions for support orders
pursuant to section 46b-215, AS AMENDED BY THIS
ACT, (2) obtain acknowledgments of paternity, (3)
bring applications for show cause orders pursuant
to section 46b-172, and (4) file agreements for
support with the assistant clerk of the Family
Support Magistrate Division.
Sec. 109. Section 52-251d of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) In any civil action to establish paternity
or to establish, modify or enforce child support
orders in [AFDC] TANF cases pursuant to sections
17b-748, 46b-86, AS AMENDED BY THIS ACT, 46b-171,
46b-160, 46b-172, 46b-180, 46b-215, AS AMENDED BY
THIS ACT, and 46b-231, AS AMENDED BY THIS ACT, the
court may allow the state, when it is the
prevailing party, a reasonable attorney's fee.
(b) The provisions of subsection (a) of this
section shall not be deemed: (1) To create a new
cause of action against any individual or (2) to
confer any new jurisdiction upon the Superior
Court in any action against any individual.
Sec. 110. Section 52-362e of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Subject to the provisions of section
52-362h, whenever an order of the Superior Court
or a family support magistrate for support of a
minor child or children is issued, and, in [AFDC]
TFA cases as defined in subdivision (1) of
subsection (b) of section 46b-231, AS AMENDED BY
THIS ACT, the person against whom such order was
issued owes past-due support of one hundred fifty
dollars or more, or in [non-AFDC] NON-TANF IV-D
support cases as defined in subsection (b) of SAID
section 46b-231, the person against whom such
order was issued owes past due support of five
hundred dollars or more, the state shall submit to
the Internal Revenue Service through the federal
Office of Child Support Enforcement the name of
such person and request the withholding from
refunds of federal income taxes owed to such
person of an amount equal to the past-due support,
and payment of such withheld amount to the state
for distribution to the state for reimbursement of
public assistance in [AFDC] TANF cases and in
[non-AFDC] NON-TANF IV-D support cases for
distribution to the guardian or custodial parent
of such minor child or children, after first
deducting from the amount payable to such guardian
or custodial parent a collection fee determined by
the Secretary of the Treasury to be sufficient to
reimburse the Internal Revenue Service for the
cost of the offset procedure.
(b) Subject to the provisions of subsection
(c) of this section, whenever an order of the
Superior Court or a family support magistrate for
support of a minor child or children is issued,
and, in [AFDC] TANF cases, the person against whom
such support order is issued owes past-due support
of one hundred fifty dollars or more, or in
[non-AFDC] NON-TANF IV-D support cases the person
against whom such order is issued owes past-due
support of five hundred dollars or more, the
Department of Social Services shall submit to the
Commissioner of Administrative Services the name
of such person and request the withholding from
refunds of state income taxes owed to such person
of an amount equal to the past-due support, and
payment of such withheld amount by the
Commissioner of Revenue Services to the state for
distribution to the state for reimbursement of
public assistance in [AFDC] TANF cases and in
[non-AFDC] NON-TANF IV-D support cases for
distribution to the guardian or custodial parent
of such minor child or children. Whenever an order
of the Superior Court or family support magistrate
is issued against a parent to cover the cost of
health insurance for a child who is eligible for
Medicaid and such parent has received payment from
a third party for the costs of services provided
under such health coverage for such child but such
parent has not used such payments to reimburse, as
appropriate, either the other parent or guardian
or the provider of such services, the Commissioner
of Social Services shall submit to the
Commissioner of Administrative Services the name
of such person and request the withholding from
refunds of state income taxes owed to such person
of an amount necessary to reimburse the Department
of Social Services for such costs under the
Medicaid program, and payment of such amount shall
be withheld by the Commissioner of Revenue
Services and distributed to the Department of
Social Services for reimbursement. However, any
claims for current or past due child support shall
take priority over any such claims for the costs
of such services.
(c) The Commissioner of Social Services shall
adopt regulations, in accordance with chapter 54,
setting forth procedures in compliance with
federal law and regulations under Title IV-D of
the Social Security Act providing for adequate
notice of (1) the right to a review by the Support
Enforcement Division of the Superior Court, (2)
the right to an administrative hearing before a
hearing officer, (3) a list of available defenses
including the defense described in section 52-362h
and (4) procedures for an administrative hearing
for any person who is alleged to owe an arrearage
and is subject to the provisions of this section.
Sec. 111. Subsection (b) of section 54-210 of
the general statutes, as amended by section 5 of
public act 97-257, is repealed and the following
is substituted in lieu thereof:
(b) Payment of compensation under this chapter
may be made to a person who is a recipient of
[income assistance under sections 17b-19, 17b-22,
17b-63 to 17b-65, inclusive, 17b-75 to 17b-77,
inclusive, 17b-79 to 17b-103, inclusive, 17b-114
to 17b-138, inclusive, 17b-180 to 17b-183,
inclusive, 17b-220 to 17b-250, inclusive, 17b-256,
17b-259 to 17b-287, inclusive, 17b-340 to 17b-350,
inclusive, 17b-357 to 17b-362, inclusive, 17b-600
to 17b-604, inclusive, 17b-689 to 17b-693,
inclusive, 17b-746 to 17b-750, inclusive, 17b-807
and 17b-808] PUBLIC ASSISTANCE, 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. 112. Section 17b-266 of the general
statutes, as amended by section 2 of public act
97-240, is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Social Services may,
when he finds it to be in the public interest,
fund part or all of the cost of benefits to any
recipient under sections 17b-260 to 17b-262,
inclusive, AS AMENDED BY THIS ACT, 17b-264 to
17b-285, inclusive, AS AMENDED BY THIS ACT, and
17b-357 to 17b-362, inclusive, through the
purchase of insurance from any organization
authorized to do a health insurance business in
this state.
(b) The Commissioner of Social Services may
require recipients of Medicaid or other public
assistance to receive medical care on a prepayment
or per capita basis, in accordance with federal
law and regulations, if such prepayment is
anticipated to result in lower medical assistance
costs to the state. The commissioner may enter
into contracts for the provision of comprehensive
health care on a prepayment or per capita basis in
accordance with federal law and regulations, with
the following: (1) A health care center subject to
the provisions of chapter 698a; (2) a consortium
of federally-qualified community health centers
and other community-based providers of health
services which are funded by the state; [or] (3)
other consortia of providers of health care
services established for the purposes of this
subsection; OR (4) AN INTEGRATED SERVICE NETWORK
PROVIDING CARE MANAGEMENT AND COMPREHENSIVE HEALTH
CARE ON A PREPAYMENT OR PER CAPITA BASIS TO
ELDERLY AND DISABLED RECIPIENTS OF MEDICAID WHO
MAY ALSO BE ELIGIBLE FOR MEDICARE.
(c) Providers of comprehensive health care
services as described in subdivisions (2), [and]
(3) AND (4) of subsection (b) of this section
shall not be subject to the provisions of chapter
698a OR, IN THE CASE OF AN INTEGRATED SERVICE
NETWORK, SECTIONS 17b-239 TO 17b-245, INCLUSIVE,
17b-281, 17b-340, AS AMENDED BY THIS ACT, OR
17b-342 TO 17b-344, INCLUSIVE, AS AMENDED BY THIS
ACT. Any such provider shall be certified by the
Commissioner of Social Services in accordance with
criteria established by the commissioner,
including, but not limited to, minimum reserve
fund requirements.
(d) The commissioner shall pay all capitation
claims which would otherwise be reimbursed to the
health plans described in subsection (b) of this
section in June, 1997, no later than July 31,
1997.
(e) Providers of comprehensive health care
under this section shall report to the
Commissioner of Social Services all spending by
service category, as defined by the commissioner
and set forth in any contract under subsection (b)
of this section.
Sec. 113. (NEW) (a) The Commissioner of Social
Services shall submit an application for a federal
waiver for the purpose of conducting an 1115
research and demonstration waiver program: (1) To
provide comprehensive health care and care
management services for elderly and disabled
Medicaid recipients who may also be eligible for
Medicare; and (2) to simplify eligibility for
Medicaid. The program shall be designed to reduce
costs and increase efficiency in the operation of
the Medicaid program and to improve the
coordination of health care benefits with the
Medicare program. Under said program, the
Commissioner of Social Services, in consultation
with the Insurance Commissioner, may enter into
contracts with integrated service networks for the
provision of comprehensive long-term health care
and care management for participating Medicaid
recipients on a prepayment or per capita basis.
Integrated service networks shall emphasize the
utilization of primary and community-based
services to avoid utilization of institutional
care. Eligible Medicaid recipients shall have a
choice of enrolling in an integrated service
network or receiving Medicaid covered services in
a fee-for-service program, and no copays or a
lower level of optional Medicaid state plan
services than currently covered under
fee-for-service Medicaid, shall be used to induce
individuals to transfer into the networks. Said
program, established pursuant to the waiver, may
include, but not be limited to: The retention of
an independent enrolment broker; quality and
access performance specifications for integrated
service networks; a competitive bidding process
for integrated service networks and enrolment
brokers seeking contracts; a recipient lock-in
policy; and eligibility criteria concerning
assets. Said program, established pursuant to the
waiver, shall: (A) Ensure continuity of care; (B)
establish notice rights, and prompt review and
appeal rights, whenever services are denied,
reduced, suspended, or terminated; (C) provide for
the conducting of quality monitoring of plans and
the publication of regular report cards comparing
plans; (D) set standards for access to health
care; (E) prohibit involuntary terminations of
enrollees from a plan because of their frequent
use of services, their high risk for needing
services, or any other reason not directly related
to furthering their health or safety; (F) the
commissioner shall solicit public response on the
waiver application through a series of public
hearings held at a central location in each of the
department's regions. For the purpose of obtaining
responses from nursing facility residents who may
be unable to attend these hearing, the
commissioner shall also solicit responses from the
resident councils in a sample of the nursing
facilities in each region; and (G) provide
coverage of assymptomatic HIV individuals for drug
therapies connected to the treatment of their
condition to the extent permitted by federal law.
The commissioner, upon approval of said waiver,
shall adopt regulations, in accordance with
chapter 54 of the general statutes, to implement
the eligibility provisions of this section.
(b) The Commissioner of Social Services shall
submit said application for a federal waiver to
the joint standing committees of the General
Assembly having cognizance of matters relating to
human services, public health and appropriations
and the budgets of state agencies prior to the
submission of such application to the federal
government. Within fifteen days of their receipt
of such application, the joint standing committees
may advise the commissioner of their approval,
nonapproval or modifications, if any, of his
application.
(c) Prior to submission of said application
for a waiver from federal law to the General
Assembly under subsection (b) of this section, the
Commissioner of Social Services shall publish a
notice that the commissioner intends to seek such
a waiver in the Connecticut Law Journal, along
with a summary of the provisions of the waiver
application and the manner in which individuals
may submit comments. The commissioner shall allow
fifteen days for written comments on the waiver
application prior to submission of the application
for a waiver to the General Assembly under
subsection (a) of this section and shall include
all written comments with the waiver application
in the submission to the General Assembly.
Sec. 114. Subsection (a) of section 17b-28a of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) There is established a Waiver Application
Development Council that shall be composed of the
following members: The chairpersons and ranking
members of the JOINT STANDING committee OF THE
GENERAL ASSEMBLY having cognizance of matters
relating to appropriations, or their designees;
the chairpersons and ranking members of the JOINT
STANDING committee OF THE GENERAL ASSEMBLY having
cognizance of matters relating to human services,
or their designees; THE CHAIRPERSONS AND RANKING
MEMBERS OF THE JOINT STANDING COMMITTEE OF THE
GENERAL ASSEMBLY HAVING COGNIZANCE OF MATTERS
RELATING TO PUBLIC HEALTH, OR THEIR DESIGNEES; THE
COMMISSIONER OF SOCIAL SERVICES, OR HIS DESIGNEE;
THE COMMISSIONER OF PUBLIC HEALTH, OR HIS
DESIGNEE; THE COMMISSIONER OF MENTAL HEALTH AND
ADDICTION SERVICES, OR HIS DESIGNEE; THE
COMMISSIONER OF MENTAL RETARDATION, OR HIS
DESIGNEE; THE SECRETARY OF THE OFFICE OF POLICY
AND MANAGEMENT, OR HIS DESIGNEE; THE STATE
COMPTROLLER, OR HIS DESIGNEE; A REPRESENTATIVE OF
ADVOCACY FOR MENTAL RETARDATION TO BE APPOINTED BY
THE PRESIDENT PRO TEMPORE OF THE SENATE; A
REPRESENTATIVE OF ADVOCACY FOR THE ELDERLY TO BE
APPOINTED BY THE MAJORITY LEADER OF THE SENATE; A
REPRESENTATIVE OF THE NURSING HOME INDUSTRY TO BE
APPOINTED BY THE MINORITY LEADER OF THE SENATE; A
REPRESENTATIVE OF THE HOME HEALTH CARE INDUSTRY,
INDEPENDENT OF THE NURSING HOME INDUSTRY, TO BE
APPOINTED BY THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES; A REPRESENTATIVE OF THE MENTAL
HEALTH PROFESSION TO BE APPOINTED BY THE MAJORITY
LEADER OF THE HOUSE OF REPRESENTATIVES; A
REPRESENTATIVE OF THE SUBSTANCE ABUSE PROFESSION
TO BE APPOINTED BY THE MINORITY LEADER OF THE
HOUSE OF REPRESENTATIVES; A HEALTH CARE PROVIDER
TO BE APPOINTED BY THE PRESIDENT PRO TEMPORE OF
THE SENATE; TWO ELDERLY CONSUMERS OF MEDICAID
SERVICES WHO ARE ALSO ELIGIBLE FOR MEDICARE, TO BE
APPOINTED BY THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES; A REPRESENTATIVE OF THE MANAGED
CARE INDUSTRY, TO BE APPOINTED BY THE PRESIDENT
PRO TEMPORE OF THE SENATE; A SOCIAL SERVICES CARE
PROVIDER, TO BE APPOINTED BY THE MAJORITY LEADER
OF THE HOUSE OF REPRESENTATIVES; A FAMILY SUPPORT
CARE PROVIDER, TO BE APPOINTED BY THE MAJORITY
LEADER OF THE SENATE; TWO PERSONS WITH
DISABILITIES WHO ARE CONSUMERS OF MEDICAID
SERVICES, ONE TO BE APPOINTED BY THE PRESIDENT PRO
TEMPORE OF THE SENATE AND ONE TO BE APPOINTED BY
THE MINORITY LEADER OF THE HOUSE OF
REPRESENTATIVES; A REPRESENTATIVE OF LEGAL
ADVOCACY FOR MEDICAID CLIENTS, TO BE APPOINTED BY
THE MINORITY LEADER OF THE SENATE; and six members
of the General Assembly, one member appointed by
the president pro tempore of the Senate; one
member appointed by the majority leader of the
Senate; one member appointed by the minority
leader of the Senate; one member appointed by the
speaker of the House of Representatives; one
member appointed by the majority leader of the
House of Representatives; and one member appointed
by the minority leader of the House of
Representatives. The council shall be responsible
for advising the Department of Social Services,
which shall be the lead agency in the development
of a Medicaid Research and Demonstration Waiver
under Section 1115 of the Social Security Act for
application to the Office of State Health Reform
of the United States Department of Health and
Human Services by May 1, 1996. The council shall
advise the department with respect to specific
provisions within the waiver application,
including but not limited to, the identification
of populations to be included in a managed care
program, a timetable for inclusion of distinct
populations, expansion of access to care, quality
assurance and grievance procedures for consumers
and providers. The council shall also advise the
department with respect to the goals of the
waiver, including but not limited to, the
expansion of access and coverage, making state
health spending more efficient and to the
reduction of uncompensated care.
Sec. 115. Section 19a-535 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) For the purposes of this section: (1)
"Facility" means the entity certified as a nursing
facility under the Medicaid program or the entity
certified as a skilled nursing facility under the
Medicare program or with respect to facilities
that do not participate in the Medicaid or
Medicare programs, a chronic and convalescent
nursing home or a rest home with nursing
supervision as defined in section 19a-521; (2)
"Medicare distinct part" means an entity certified
as a skilled nursing facility under the Medicare
program within a facility; (3) "transfer" means
the transfer of a resident from a facility to a
separate facility, including a transfer into or
out of a Medicare distinct part, but does not
include the transfer of a resident from one bed to
another bed within the same facility; (4)
"discharge" means the discharge of a resident from
a facility to another institution or a
noninstitutional setting.
(b) A facility shall not transfer or discharge
a patient from the facility except to meet the
welfare of the patient which cannot be met in the
facility, or unless the patient no longer needs
the services of the facility due to improved
health, or the health or safety of individuals in
the facility is endangered, or in the case of a
self-pay patient, for his nonpayment or arrearage
of more than fifteen days of the per diem facility
room rate, or the facility ceases to operate. In
each case the basis for transfer or discharge
shall be documented in the patient's medical
record by a physician. In each case where the
welfare, health or safety of the patient is
concerned the documentation shall be by the
patient's physician. A facility which is part of a
continuing care facility which guarantees life
care for its residents, as defined in subsection
(b) of section 17b-354, may transfer or discharge
(1) a resident self-pay patient who has
intentionally transferred assets in a sum which
will render the patient unable to pay the costs of
facility care in accordance with the contract
between the resident and the facility or (2) a
nonresident self-pay patient who has intentionally
transferred assets in a sum which will render the
patient unable to pay the costs of a total of
forty-two months of facility care from the date of
initial admission to the facility.
(c) Before effecting a transfer or discharge
of a patient from the facility, the facility shall
notify, in writing, the patient and his guardian
or conservator, if any, or his legally liable
relative or other responsible party if known [and
the Commissioner of Social Services] of the
proposed transfer or discharge, the reasons
therefor, its effective date, the location to
which the patient is to be transferred or
discharged, THE RIGHT TO APPEAL THE PROPOSED
TRANSFER OR DISCHARGE AND THE PROCEDURES FOR
INITIATING SUCH AN APPEAL AS DETERMINED BY THE
DEPARTMENT OF SOCIAL SERVICES, THE DATE BY WHICH
AN APPEAL MUST BE INITIATED IN ORDER TO STAY THE
PROPOSED TRANSFER OR DISCHARGE, WHICH DATE SHALL
BE TEN DAYS FROM THE RECEIPT OF THE NOTICE FROM
THE FACILITY, THAT THE PATIENT MAY REPRESENT
HIMSELF OR BE REPRESENTED BY LEGAL COUNSEL, A
RELATIVE, A FRIEND OR OTHER SPOKESMAN, and
information as to bed hold and hospital
readmission policy when appropriate. The notice
shall ALSO include the name, mailing address and
telephone number of the state nursing home
ombudsman. If the patient is, or the facility
alleges a patient is, mentally ill or
developmentally disabled, the notice shall include
the name, mailing address and telephone number of
the Office of Protection and Advocacy. [The notice
to the commissioner shall include the name and
address of the patient's guardian or conservator,
if any, or his legally liable relative or other
responsible party if known.] The notice shall be
given at least thirty days and no more than sixty
days prior to the patient's transfer or discharge,
except where the health or safety of individuals
in the facility are endangered or where the
patient's health improves sufficiently to allow a
more immediate transfer or discharge, or where
immediate transfer or discharge is necessitated by
urgent medical needs or where a patient has not
resided in the facility for thirty days, in which
cases notice shall be given as many days before
the transfer or discharge as practicable. [The
notice shall also include notice of the right of
the patient to appeal a transfer or discharge by
the facility pursuant to subsection (h) of this
section.]
(d) No patient shall be transferred or
discharged from any facility as a result of a
change in his status from self-pay or Medicare to
Medicaid provided the facility offers services to
both categories of patients. Any such patient who
wishes to be transferred to another facility which
has agreed to accept him may do so upon giving at
least fifteen days written notice to the
administrator of the facility from which he is to
be transferred and a copy thereof to the
appropriate advocate of such patient. The
patients' advocate may help the patient complete
all administrative procedures relating to a
transfer. As used in this section "self-pay"
patient means a patient who is not receiving state
or municipal assistance to pay for the cost of
care.
(e) Except (1) in an emergency, (2) IN THE
CASE OF TRANSFER TO A HOSPITAL, OR (3) IN THE CASE
OF TRANSFER INTO OR OUT OF A MEDICARE DISTINCT
PART WITHIN THE SAME INSTITUTION, no patient shall
be transferred or discharged from a facility
unless a discharge plan has been developed by the
personal physician of the patient or the medical
director in conjunction with the nursing director,
social worker or other health care provider. To
minimize the disruptive effects of the transfer or
discharge on the patient the person responsible
for developing the plan shall consider the
feasibility of placement near the patient's
relatives, the acceptability of the placement to
the patient and his guardian or conservator, if
any, or his legally liable relative or other
responsible party, if known, and any other
relevant factors which affect the patient's
adjustment to the move. The plan shall contain a
written evaluation of the effects of the transfer
or discharge on the patient and a statement of the
action taken to minimize such effects. In addition
the plan shall outline the care and kinds of
services which the patient shall receive upon
transfer or discharge. Not less than thirty days
prior to an involuntary transfer or discharge a
copy of the discharge plan shall be provided to
the patient's personal physician if the discharge
plan was prepared by the medical director, to the
patient and his guardian or conservator, if any,
or his legally liable relative or other
responsible party, if known. [, and to the
Department of Social Services if the patient
receives payments under Title XIX of the federal
Social Security Act, as amended.]
(f) No patient shall be involuntarily
transferred or discharged from a facility if such
transfer or discharge is medically
contraindicated.
(g) The facility shall be responsible for
assisting the patient in finding appropriate
placement.
[(h) (1) The Commissioner of Social Services
or his designee, within five business days of
receipt of a notice of proposed transfer or
discharge pursuant to subsection (c) of this
section, shall provide the patient and his
guardian or conservator, if any, or his legally
liable relative or other responsible party, if
known, with a written notice informing such
patient, guardian or conservator, legally liable
relative or other responsible party (A) of the
action the facility intends to take; (B) of the
right to appeal the proposed transfer or discharge
pursuant to this section and the procedures for
initiating such an appeal; (C) of the date by
which an appeal must be initiated in order to stay
a proposed transfer or discharge which date shall
be ten days from receipt of the notice from the
commissioner or his designee; and (D) that the
patient may represent himself or be represented by
legal counsel, a relative, a friend or other
spokesman. A copy of the notice shall be sent to
the facility. Notice shall be deemed to have been
received within five days of the date it was
mailed, unless the patient or his guardian,
conservator, legally liable relative or other
responsible party proves otherwise by a
preponderance of the evidence.
(2)] (h) (1) Except as provided in subdivision
[(5)] (4) of this subsection, upon receipt of [any
such] A request FOR A HEARING TO APPEAL ANY
PROPOSED TRANSFER OR DISCHARGE, the Commissioner
of Social Services or his designee shall hold a
hearing to determine whether the transfer or
discharge is being effected in accordance with
this section. [Such a] A hearing shall be convened
not less than ten, but not more than thirty days
from the receipt of such request and a written
decision made by the commissioner or his designee
within sixty days of the termination of the
hearing or within ninety days of the date of the
hearing request, whichever occurs sooner. The
hearing shall be conducted in accordance with
chapter 54. In each case the facility shall prove
by a preponderance of the evidence that it has
complied with the provisions of this section.
[(3)] (2) The patient, his guardian,
conservator, legally liable relative or other
responsible party shall have an opportunity to
examine, during regular business hours at least
three business days prior to a hearing conducted
pursuant to this section, the contents of the
patient's file maintained by the facility and all
documents and records to be used by the
commissioner or his designee or the facility at
the hearing. The facility shall have an
opportunity to examine during regular business
hours at least three business days prior to such a
hearing, all documents and records to be used by
the patient at the hearing.
[(4)] (3) If a hearing conducted pursuant to
this section involves medical issues, the
commissioner or his designee may order an
independent medical assessment of the patient at
the expense of the Department of Social Services
which shall be made part of the hearing record.
[(5)] (4) In an emergency the notice required
pursuant to subsection (c) of this section [and
subdivision (1) of this subsection] shall be
provided as soon as practicable. For the purposes
of this section "emergency" means that a failure
to effect an immediate transfer or discharge would
endanger the health, safety or welfare of the
patient or other patients. A patient who is
transferred or discharged on an emergency basis or
a patient who receives notice of such a transfer
or discharge may contest the action by requesting
a hearing in writing within ten days of receipt of
notice [from the commissioner] or within ten days
of the transfer or discharge, whichever is later.
A hearing shall be held in accordance with the
requirements [of subdivision (2)] of this
subsection within seven business days of receipt
of the request.
[(6)] (5) Except in the case of a transfer or
discharge effected pursuant to subdivision [(5)]
(4) of this subsection, (A) an involuntary
transfer or discharge shall be stayed pending a
decision by the commissioner or his designee, and
(B) if the commissioner or his designee determines
the transfer or discharge is being effected in
accordance with this section, the facility may not
transfer or discharge the patient prior to fifteen
days from the receipt of the decision by the
patient and his guardian or conservator, if any,
or his legally liable relative or other
responsible party if known.
[(7)] (6) A copy of a decision of the
commissioner or his designee shall be sent to the
facility. The decision shall be deemed to have
been received within five days of the date it was
mailed, unless the patient or his guardian,
conservator, legally liable relative or other
responsible party proves otherwise by a
preponderance of the evidence. The Superior Court
shall consider an appeal from a decision of the
Department of Social Services pursuant to this
section as a privileged case in order to dispose
of the case with the least possible delay.
Sec. 116. Section 17b-812 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Social Services shall
implement and administer a program of rental
assistance for low-income families living in
privately-owned rental housing. [and elderly
persons who reside in state-assisted rental
housing for the elderly.] For the purposes of this
section, a low-income family is one whose income
does not exceed fifty per cent of the median
family income for the area of the state in which
such family lives, as determined by the
commissioner.
(b) Housing eligible for participation in the
program shall comply with applicable state and
local health, housing, building and safety codes.
(c) In addition to an element in which rental
assistance certificates are made available to
qualified tenants, to be used in eligible housing
which such tenants are able to locate, the program
may include a housing support element in which
rental assistance for tenants is linked to
participation by the property owner in other
municipal, state or federal housing repair,
rehabilitation or financing programs. The
commissioner shall use rental assistance under
this section so as to encourage the preservation
of existing housing and the revitalization of
neighborhoods or the creation of additional rental
housing.
(d) The commissioner shall administer the
program under this section to promote housing
choice for certificate holders and encourage
racial and economic integration. The commissioner
shall establish maximum rent levels for each
municipality in a manner that promotes the use of
the program in all municipalities. Any certificate
issued pursuant to this section may be used for
housing in any municipality in the state. The
commissioner shall inform certificate holders that
a certificate may be used in any municipality and,
to the extent practicable, the commissioner shall
assist certificate holders in finding housing in
the municipality of their choice.
(e) Nothing in this section shall give any
person a right to continued receipt of rental
assistance at any time that the program is not
funded.
(f) The commissioner shall adopt regulations
in accordance with the provisions of chapter 54 to
carry out the purposes of this section. The
regulations shall establish maximum income
eligibility guidelines for such rental assistance
and criteria for determining the amount of rental
assistance which shall be provided to eligible
families. [and elderly persons, provided,
effective November 1, 1995, the amount of
assistance for elderly persons who are certificate
holders shall be the difference between thirty per
cent of their adjusted gross income, less a
utility allowance, and the base rent.]
Sec. 117. (NEW) (a) On and after July 1, 1997,
the Commissioner of Economic and Community
Development shall implement and administer a
program of rental assistance for elderly persons
who reside in state-assisted rental housing for
the elderly.
(b) Housing eligible for use in the program
shall comply with applicable state and local
health, housing, building and safety codes.
(c) In addition to rental assistance
certificates made available to qualified tenants,
to be used in eligible housing which such tenants
are able to locate, the program may include
housing support in which rental assistance for
tenants is linked to participation by the property
owner in other municipal, state or federal housing
repair, rehabilitation or financing programs. The
commissioner shall use rental assistance under
this section to encourage the preservation of
existing housing and the revitalization of
neighborhoods or the creation of additional rental
housing.
(d) The commissioner shall administer the
program under this section to promote housing
choice for certificate holders and encourage
diversity of residents. The commissioner shall
establish maximum rent levels for each
municipality in a manner that promotes the use of
the program in all municipalities. Any certificate
issued pursuant to this section may be used for
housing in any municipality in the state. The
commissioner shall inform certificate holders that
a certificate may be used in any municipality and,
to the extent practicable, the commissioner shall
assist certificate holders in finding housing in
the municipality of their choice.
(e) Nothing in this section shall give any
person a right to continued receipt of rental
assistance at any time that the program is not
funded.
(f) Whenever an individual who qualifies for
rental assistance pursuant to this section moves
into congregate housing, as defined in section
8-119e of the general statutes, the Commissioner
of Economic and Community Development shall
calculate the rental assistance for such
individual to include the entire period of his
occupancy in the congregate housing facility,
regardless of the rental-assistance status of any
former congregate housing occupant.
(g) The commissioner shall adopt regulations
in accordance with the provisions of chapter 54 of
the general statutes to carry out the purposes of
this section. The regulations shall establish
maximum income eligibility guidelines for such
rental assistance and criteria for determining the
amount of rental assistance which shall be
provided to elderly persons, provided, effective
July 1, 1997, the amount of assistance for elderly
persons who are certificate holders shall be the
difference between thirty per cent of their
adjusted gross income, less a utility allowance,
and the base rent. The commissioner may administer
the program under this section pursuant to
regulations adopted pursuant to section 17b-812 of
the general statutes, as amended by this act,
which are in effect on July 1, 1997.
Sec. 118. Section 19a-122b of the general
statutes is repealed and the following is
substituted in lieu thereof:
Notwithstanding the provisions of chapters
368v and 368z, an organization licensed as a
hospice pursuant to the Public Health Code or
certified as a hospice pursuant to 42 USC Section
1395x, shall be authorized, until October 1,
[1997] 2000, to operate on a pilot basis a
residence for terminally ill persons, for the
purpose of providing hospice home care
arrangements including, but not limited to,
hospice home care services and supplemental
services. Such arrangements shall be provided to
those patients who would otherwise receive such
care from family members. The residence shall
provide a homelike atmosphere for such patients
for a time period deemed appropriate for home
health care services under like circumstances. Any
hospice which operates a residence pursuant to the
provisions of this section shall cooperate with
the Commissioner of Public Health to develop
standards for the licensure and operation of such
homes.
Sec. 119. (NEW) The Labor Commissioner shall
establish a computerized interagency information
and case management system within the Labor
Department for the purpose of administering
contracts for employment services for recipients
of temporary family assistance. Such information
shall include, but not be limited to, all
statistical and relevant data for the
administration of such contracts. The Labor
Department and the Department of Social Services
shall continually revise and update said system
with data concerning such recipients for the
purpose of (1) assisting in the implementation and
operation of the temporary family assistance
program and (2) meeting federal work participation
requirements of the Temporary Assistance For Needy
Families program.
Sec. 120. (NEW) The Department of Social
Services shall administer an Employment Services
Program for the purpose of providing employment
services to recipients of benefits under the
Temporary Assistance For Needy Families Program
pursuant to Title IV-A of the Social Security Act.
Said program shall include the provision of
employment services to recipients of Temporary
Family Assistance that will enable them to become
employed and independent of cash assistance within
twenty-one months of receipt of Temporary Family
Assistance. The Department of Social Services
shall not enter into or renew any contractual
obligations for the Employment Services Program
that extend beyond June 30, 1998. Within fifteen
days after execution of such contractual
obligations, the Department of Social Services
shall send to the Labor Department a copy of such
contracts for the information of the Labor
Department. The Commissioner of Social Services
shall implement policies and procedures necessary
to carry out the purposes of this section while in
the process of adopting such policies and
procedures in regulation form, provided notice is
published in the Connecticut Law Journal within
twenty days of implementation of such policies and
procedures. Final regulations shall be submitted
to the legislative regulation review committee no
later than November 15, 1997. Policies and
procedures implemented pursuant to this section
shall be valid until the time final regulations
are effective.
Sec. 121. (NEW) (a) The Labor Department and
the Department of Social Services shall enter into
a memorandum of understanding, to be effective not
later than September 1, 1997, for the purpose of
enhancing the effectiveness of the delivery of
employment services to recipients of Temporary
Assistance for Needy Families. The memorandum of
understanding shall include, but not be limited
to, providing for (1) the identification and
reduction of duplicative services; (2) the
coordination of contracts for employment services;
(3) the maximization of federal funds through the
JOB Training Partnership Act which may include
seeking any necessary federal waiver; and (4)
studying the feasibility of integrating services
to provide a one-stop process for recipients
seeking services.
(b) Effective July 1, 1998, the Labor
Department shall be responsible for the
negotiation, establishment, modification,
extension, suspension or termination of contracts
for employment services. The Labor Department may
provide administration and services directly or
through the Connecticut Employment and Training
Commission or Regional Workforce Development
Boards.
(c) The Labor Department and the Department of
Social Services shall establish a pilot program in
each of two regions commencing July 1, 1997, for
the purpose of providing employment retention
services.
(d) The Labor Department and the Department of
Social Services shall report on the implementation
of sections 119 to 121, inclusive, of this act and
subsections (a) and (b) of this section, to the
joint standing committees of the General Assembly
having cognizance of matters relating to labor and
human services, the Office of Policy and
Management, the Connecticut Employment and
Training commission and the advisory council
established pursuant to section 122 of this act on
or before February 15, 1998.
(e) Effective July 1, 1997, the Labor
Department shall transfer to the Department of
Social Services the sum of nine million dollars.
Effective December 1, 1997, the Labor Department
shall transfer to the Department of Social
Services the sum of eight million five hundred
thousand dollars. The five million dollars
remaining in the budget of the Labor Department
designated for employment services for recipients
of temporary family assistance shall be used for
the computerized interagency information
management system to be developed pursuant to
section 120 of this act, and for the pilot
programs to be established pursuant to subsection
(b) of this section, and for administrative costs
associated with such computerized system and such
pilot programs.
Sec. 122. (a) There is established an advisory
council to oversee the Employment Services Program
established pursuant to section 120 of this act.
Said council shall be comprised of the following
members: (1) The chairmen and ranking members of
the joint standing committees of the General
Assembly having cognizance of matters relating to
human services, labor, and appropriations and the
budgets of state agencies; (2) the Commissioner of
Social Services, or his designee; (3) the Labor
Commissioner, or his designee; (4) the Secretary
of the Office of Policy and Management, or his
designee; (5) one member to be appointed by the
president pro tempore of the Senate; (6) one
member to be appointed by the majority leader of
the Senate; (7) one member to be appointed by the
minority leader of the Senate; (8) one member to
be appointed by the speaker of the House of
Representatives; (9) one member to be appointed by
the majority leader of the House of
Representatives; and (10) one member to be
appointed by the minority leader of the House of
Representatives. The Secretary of the Office of
Policy and Management, or his designee, shall
serve as chairman of said advisory council.
(b) Said council shall be responsible for
overseeing and advising the Labor Department and
the Department of Social Services on the
Employment Services Program. The council shall
advise said departments on specific provisions
including, but not limited to: (1) The
continuation of existing job training contracts
with the Department of Social Services; (2) the
implementation and utilization of the interagency
information and case management system,
established pursuant to section 120 of this act;
(3) the transfer of the administration of
contracts of employment services to recipients of
temporary family assistance from the Department of
Social Services to the Department of Labor for job
training services; (4) the maximization of
available educational resources from
community-technical colleges, vocational-technical
high schools, adult education programs and
community providers; (5) the examination and
potential development of a self-sufficiency
standard for the recipients of temporary family
assistance that includes, but is not limited to, a
calculation of the required amount of income an
employed adult requires to accommodate his
family's needs; (6) the development of
public-private partnerships with employers seeking
skilled employees who shall provide training to
such employees; (7) the establishment of job
search and job readiness skills training for the
transition to work; (8) individual job readiness
assessments; (9) examination of possible education
plan opportunities; (10) the implementation of job
placement and development programs; (11) the
creation of job search support groups; and (12)
the development of job support services.
(c) The Labor Department and the Department of
Social Services shall present their progress on
the memorandum of understanding entered into
pursuant to section 121 of this act to said
advisory council on or before October 15, 1997.
(d) Said advisory council shall submit reports
on the Employment Services Program to the joint
standing committees of the General Assembly having
cognizance of matters relating to human services,
labor, and appropriations and the budgets of state
agencies. Said council shall submit reports on or
before February 1, 1998, and January 1, 1999. Said
council shall terminate on the date it submits its
second report or January 1, 1999, whichever is
earlier.
(e) On or after October 1, 1999, the Program
Review and Investigations Committee shall conduct
an evaluation of the implementation of sections
119 to 122, inclusive, of this act.
Sec. 123. (NEW) A person convicted of any
offense under federal or state law, on or after
August 22, 1996, which (1) is classified as a
felony and (2) has as an element the possession,
use or distribution of a controlled substance, as
defined in Subsection (6) of 21 USC 802, shall be
eligible for benefits pursuant to the Temporary
Assistance For Needy Families Program or the food
stamp program pursuant to the Food Stamp Act of
1977, if such person has completed a sentence
imposed by a court. A person shall also be
eligible for said benefits if such person is
satisfactorily serving a sentence of a period of
probation or is in the process of completing or
has completed a sentence imposed by the court of
mandatory participation in a substance abuse
treatment program or mandatory participation in a
substance abuse testing program.
Sec. 124. Subsection (b) of section 17b-90 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(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. [; provided the state Department]
HOWEVER, 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 119 TO 122,
INCLUSIVE, OF THIS ACT, 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, 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; or
(2) to any authorized representative of the
Commissioner of Children and Families [the address
and telephone number of a] NECESSARY INFORMATION
CONCERNING (A) THE EVALUATION OF THE TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES PROGRAM OR (B) A
child or the immediate family of a child receiving
services from the Department of Social Services if
the Commissioner of Children and Families has
determined that imminent danger to such child's
health, safety or welfare exists. [; and provided
no] NO such representative shall disclose any
information obtained [thereby except to carry out
such purpose] PURSUANT TO THIS SECTION, EXCEPT AS
SPECIFIED IN THIS SECTION. ANY APPLICANT FOR
ASSISTANCE PROVIDED THROUGH SAID DEPARTMENT UNDER
THE TEMPORARY FAMILY ASSISTANCE PROGRAM SHALL BE
NOTIFIED THAT, IF AND WHEN SUCH APPLICANT RECEIVES
BENEFITS, THE DEPARTMENT WILL BE PROVIDING LAW
ENFORCEMENT OFFICIALS WITH THE NAME AND ADDRESS OF
SUCH APPLICANT UPON THE REQUEST OF ANY SUCH
OFFICIAL PURSUANT TO SECTION 125 OF THIS ACT.
Sec. 125. (NEW) The Department of Social
Services shall disclose the current address of a
recipient of Temporary Assistance For Needy
Families and the current address, social security
number and photograph, if available, of a
recipient of food stamp program benefits, as
required by federal law, upon the request of a
federal, state or local law enforcement officer if
the following conditions are met:
(1) Such officer provides said department with
the name of the recipient;
(2) (A) Such officer notifies said department
that the recipient is fleeing to avoid
prosecution, or custody or confinement after
conviction, under the laws of the place from which
the individual flees, for a crime, or an attempt
to commit a crime, which is a felony or high
misdemeanor under the laws of the place from which
the individual flees, or violating a condition of
probation or parole imposed under federal or state
law, or (B) the recipient has information
necessary for such officer to conduct official
duties; and
(3) The location or apprehension of the
recipient is within official duties of such
officer.
Sec. 126. (NEW) The Commissioner of Social
Services, within available appropriations, shall
include an adult family living classification in
the rated housing category under the state
supplement to the federal Supplemental Security
Income Program. The commissioner shall also adopt
regulations, in accordance with chapter 54 of the
general statutes, defining "adult family living"
for the purpose of creating such classification.
Sec. 127. Subsection (h) of section 17b-340 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(h) For the fiscal year ending June 30, 1993,
any home for the aged with an operating cost
component of its rate in excess of one hundred
thirty per cent of the median of operating cost
components of rates in effect January 1, 1992,
shall not receive an operating cost component
increase. For the fiscal year ending June 30,
1993, any home for the aged with an operating cost
component of its rate that is less than one
hundred thirty per cent of the median of operating
cost components of rates in effect January 1,
1992, shall have an allowance for real wage growth
equal to sixty-five per cent of the increase
determined in accordance with subsection (q) of
section 17-311-52 of the regulations of
Connecticut state agencies, provided such
operating cost component shall not exceed one
hundred thirty per cent of the median of operating
cost components in effect January 1, 1992.
Beginning with the fiscal year ending June 30,
1993, for the purpose of determining allowable
fair rent, a home for the aged with allowable fair
rent less than the twenty-fifth percentile of the
state-wide allowable fair rent shall be reimbursed
as having allowable fair rent equal to the
twenty-fifth percentile of the state-wide
allowable fair rent. Beginning with the fiscal
year ending June 30, 1997, a home for the aged
with allowable fair rent less than three dollars
and ten cents per day shall be reimbursed as
having allowable fair rent equal to three dollars
and ten cents per day. Property additions placed
in service during the cost year ending September
30, 1996, or any succeeding cost year shall
receive a fair rent allowance for such additions
as an addition to three dollars and ten cents per
day if the fair rent for the facility for property
placed in service prior to September 30, 1995, is
less than or equal to three dollars and ten cents
per day. For the fiscal year ending June 30, 1996,
and any succeeding fiscal year, the allowance for
real wage growth, as determined in accordance with
subsection (q) of section 17-311-52 of the
regulations of Connecticut state agencies shall
not be applied. For the fiscal year ending June
30, 1996, and any succeeding fiscal year, the
inflation adjustment made in accordance with
subsection (p) of section 17-311-52 of the
regulations of Connecticut state agencies shall
not be applied to real property costs. Beginning
with the fiscal year ending June 30, 1997, minimum
allowable patient days for rate computation
purposes for a home for the aged with twenty-five
beds or less shall be eighty-five per cent of
licensed capacity. Beginning with the fiscal year
ending June 30, 1998, for the purposes of
determining the allowable salary of an
administrator of a home for the aged with sixty
beds or less the department shall revise the
allowable base salary to thirty thousand dollars
to be annually inflated thereafter in accordance
with section 17-311-52 of the regulations of
Connecticut state agencies AND THE INFLATION
ADJUSTMENT FOR RATES MADE IN ACCORDANCE WITH
SUBSECTION (p) OF SECTION 17-311-52 OF THE
REGULATIONS OF STATE AGENCIES SHALL BE INCREASED
BY ONE PER CENT. BEGINNING WITH THE FISCAL YEAR
ENDING JUNE 30, 1999, FOR THE PURPOSE OF
DETERMINING THE ALLOWABLE SALARY OF A RELATED
PARTY THE DEPARTMENT SHALL REVISE THE MAXIMUM
SALARY TO TWENTY SEVEN THOUSAND EIGHT HUNDRED
FIFTY SIX DOLLARS TO BE ANNUALLY INFLATED
THEREAFTER IN ACCORDANCE WITH SECTION 17-311-52 OF
THE REGULATIONS OF CONNECTICUT STATE AGENCIES.
Sec. 128. Section 17b-492 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Eligibility for participation in the
program shall be limited to any resident (1) who
is sixty-five years of age or older or who is
disabled, (2) whose annual income, if unmarried,
is less than thirteen thousand eight hundred
dollars, or whose annual income, if married, when
combined with that of his spouse is less than
sixteen thousand six hundred dollars, (3) who is
not insured under a policy which provides full or
partial coverage for prescription drugs once a
deductible amount is met, and (4) on and after
September 15, 1991, who pays an annual
twenty-five-dollar registration fee to the
Department of Social Services. On [July 1, 1988]
JANUARY 1, 1998, and annually thereafter, the
commissioner [may] SHALL, by the adoption of
regulations in accordance with chapter 54,
increase the income limits established under this
subsection over those of the previous fiscal year
to reflect the annual inflation adjustment in
Social Security income, if any. Each such
adjustment shall be determined to the nearest one
hundred dollars.
(b) Payment for a prescription under the
program shall be made only if no other plan of
insurance or assistance is available to an
eligible person for such prescription at the time
of dispensing. The pharmacy shall make reasonable
efforts to ascertain the existence of other
insurance or assistance.
Sec. 129. Subsection (c) of section 19a-533 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) Upon the receipt of a complaint concerning
a violation of this section, THE DEPARTMENT OF
SOCIAL SERVICES OR the regional ombudsman shall
conduct an investigation into such complaint and
shall report his findings to the Department of
Social Services.
Sec. 130. Section 17b-408 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Upon receipt of a report or complaint as
provided in section 17b-407, the ombudsmen shall
determine immediately whether there are reasonable
grounds for an investigation. If it is determined
that reasonable grounds do not exist for an
investigation, the complainant or the person
making the report shall be notified of this
determination within five working days after the
receipt of such complaint or report. If such
reasonable grounds are found, the appropriate
regional ombudsman in conjunction with the
patients' advocates, shall investigate such report
or complaint within ten working days thereafter.
The regional ombudsman shall complete his
investigation and make a report of his findings,
within fifteen working days after the receipt of
the complaint or report, a copy of which shall be
sent to the State Ombudsman. IF THE INVESTIGATION
INDICATES THAT THERE IS A POSSIBLE VIOLATION OF
SECTION 19a-533, AS AMENDED BY THIS ACT, 19a-535,
AS AMENDED BY THIS ACT, OR 19a-537, THE REGIONAL
OMBUDSMAN SHALL REFER THE REPORT OR COMPLAINT
TOGETHER WITH A REPORT OF ANY INVESTIGATION HE HAS
UNDERTAKEN TO THE DEPARTMENT OF SOCIAL SERVICES OR
THE DEPARTMENT OF PUBLIC HEALTH FOR ACTION AS
APPROPRIATE. If the investigation indicates that
there is a possible violation of the provisions of
the Public Health Code with respect to licensing
requirements, the regional ombudsman shall refer
the report or complaint, together with a report of
his investigation, to the Commissioner of Public
Health for appropriate action. [under the
provisions of sections 19a-523 to 19a-529,
inclusive, and 19a-531 to 19a-540, inclusive.] If
no violation of the Public Health Code is
indicated, the regional ombudsman shall take
whatever action he deems necessary, and shall
notify the complainant or the person making the
report, of the action taken within fifteen working
days after receipt of the complaint or report.
Sec. 131. Section 17b-362 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) A PRESCRIPTION FOR A MAINTENANCE DRUG, AS
DETERMINED BY THE COMMISSIONER OF SOCIAL SERVICES,
DISPENSED FOR THE FIRST TIME TO ANY MEDICAID OR
CONNPACE RECIPIENT, SHALL BE DISPENSED IN AN
AMOUNT NOT GREATER THAN A TEN-DAY SUPPLY.
(b) Each nursing home which participates in
the Medicaid program may request of the dispensing
pharmacist that a prescription be dispensed in an
amount equal to a five-day supply whenever (1) a
drug product is prescribed for the first time for
a patient who is a Medicaid recipient or (2) a
refill of a prescription is necessary for such a
patient and the patient's discharge from the home
is imminent.
Sec. 132. Subsection (e) of section 17b-491 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(e) All prescription drugs of a pharmaceutical
manufacturer that participates in the program
pursuant to subsection (d) of this section shall
[be immediately available and the cost of such
drugs shall be reimbursed and not subject to any
restrictions or prior authorization requirements]
BE SUBJECT TO PROSPECTIVE DRUG UTILIZATION REVIEW,
BUT NOT PRIOR AUTHORIZATION. Any prescription drug
of a manufacturer that does not participate in the
program shall not be reimbursable, unless the
department determines the prescription drug is
essential to program participants.
Sec. 133. Section 17b-363 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Commissioner of Social Services may
establish a [one-year] TWO-YEAR demonstration
program, to be administered in accordance with
federal law, for the purpose of exploring methods
of [reducing destruction of] RETURNING AND
DISPENSING prescription drugs WHICH HAVE BEEN
DISPENSED TO PATIENTS in long-term care facilities
[. Under such] AND NOT USED. SUCH program,
[facilities may submit individual or joint
proposals to the commissioner, on or before August
1, 1995, to provide pharmaceutical services in a
manner which reduces the destruction of drugs,
which] may include an exception to subsection (h)
of section 21a-70, to allow a long-term care
facility, which employs a pharmacist less than
thirty-five hours per week, to purchase drugs from
a wholesaler or manufacturer or the implementation
of a formulary. [No proposal shall involve the
return to a licensed pharmacy of drugs which have
previously been dispensed. The commissioner may
approve the proposals of up to ten facilities,
provided no proposal shall be approved which would
increase state expenditures. Proposals which are
approved shall be implemented January 1, 1996.]
The Commissioner of Social Services shall report
the results of such program to the joint standing
committees of the General Assembly having
cognizance of matters relating to human services
and [public health] APPROPRIATIONS on or before
February 15, [1997] 2000.
Sec. 134. (NEW) The Commissioner of Social
Services shall establish a pharmacy review panel
to serve as advisors in the operation of pharmacy
benefit programs administered by the Department of
Social Services, including the implementation of
any cost saving initiatives undertaken pursuant to
section 17b-362 of the general statutes, as
amended by section 131 of this act, subsection (e)
of section 17b-491 of the general statutes, as
amended by section 132 of this act, and section
17b-363 of the general statutes, as amended by
section 133 of this act. The panel shall be
appointed by the commissioner to a three-year term
and shall be composed of two representatives of
independent pharmacies, two representatives of
chain pharmacies, two representatives of
pharmaceutical manufacturers, one physician
specializing in family practice and one physician
specializing in internal medicine or geriatrics.
The panel shall meet at least quarterly with the
commissioner or his designee.
Sec. 135. Section 17b-359 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) For purposes of this section, the terms
"mentally ill" and ["active treatment"]
"SPECIALIZED SERVICES" shall be as defined in
Subsections (e)(7)(G)(i) and (iii) of Section 1919
of the Social Security Act and federal
regulations.
(b) No nursing facility shall admit any
person, irrespective of source of payment, who has
not undergone a preadmission screening process by
which the Department of Mental Health and
Addiction Services determines, based upon an
independent physical and mental evaluation
performed by or under the auspices of the
Department of Social Services, whether the person
is mentally ill and, if so, whether such person
requires the level of services provided by a
nursing facility and, if such person is mentally
ill and does require such level of services,
whether the person requires [active treatment]
SPECIALIZED SERVICES. A person who is determined
to be mentally ill and not to require nursing
facility level services shall not be admitted to a
nursing facility. In order to implement the
preadmission review requirements of this section
and to identify applicants for admission who may
be mentally ill and subject to the requirements of
this section, nursing facilities may not admit any
person, irrespective of source of payment, unless
an identification screen developed, or in the case
of out-of-state residents approved, by the
Department of Social Services has been completed
and filed in accordance with federal law.
(c) No payment from any source shall be due to
any nursing facility that admits a resident in
violation of the preadmission screening
requirements of this section.
[(d) By April 1, 1990, and annually
thereafter, in the case of each resident of a
nursing facility who is mentally ill, the
Department of Mental Health and Addiction Services
shall annually review and determine, based on an
independent physical and mental evaluation
performed by or under the auspices of the
Department of Social Services, whether or not the
resident, because of the resident's physical and
mental condition, requires the level of services
provided by a nursing facility, or requires active
treatment for mental illness. In order to
implement the annual review requirements of this
section and to identify residents of nursing
facilities who may be mentally ill and subject to
the requirements of this section, nursing
facilities shall ensure that the identification
screen developed, or in the case of out-of-state
residents approved, by the Department of Social
Services has been completed and filed in
accordance with federal law.]
(d) A NURSING FACILITY SHALL NOTIFY THE
DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES
WHEN A RESIDENT WHO IS MENTALLY ILL UNDERGOES A
SIGNIFICANT CHANGE IN CONDITION OR WHEN A RESIDENT
WHO HAS NOT PREVIOUSLY BEEN DIAGNOSED AS MENTALLY
ILL UNDERGOES A CHANGE IN CONDITION WHICH MAY
REQUIRE SPECIALIZED SERVICES. UPON SUCH
NOTIFICATIONS, THE DEPARTMENT OF MENTAL HEALTH AND
ADDICTION SERVICES, UNDER THE AUSPICES OF THE
DEPARTMENT OF SOCIAL SERVICES, SHALL PERFORM AN
EVALUATION TO DETERMINE WHETHER THE RESIDENT
REQUIRES THE LEVEL OF SERVICES PROVIDED BY A
NURSING FACILITY OR REQUIRES SPECIALIZED SERVICES
FOR MENTAL ILLNESS.
(e) In the case of a mentally ill resident who
is determined under subsection (d) not to require
the level of services provided by a nursing
facility but to require [active treatment]
SPECIALIZED SERVICES for mental illness and who
has continuously resided in a nursing facility for
at least thirty months before the date of the
determination, the resident may elect to remain in
the facility or to receive services covered by
Medicaid in an alternative appropriate
institutional or noninstitutional setting in
accordance with the alternative disposition plan
submitted by the Department of Social Services to
the Secretary of the United States Department of
Health and Human Services, and consistent with the
Department of Mental Health and Addiction Services
requirements for the provision of [active
treatment] SPECIALIZED SERVICES.
(f) In the case of a mentally ill resident who
is determined under subsection (d) not to require
the level of services provided by a nursing
facility but to require [active treatment]
SPECIALIZED SERVICES for mental illness and who
has not continuously resided in a nursing facility
for at least thirty months before the date of the
determination, the nursing facility in
consultation with the Department of Mental Health
and Addiction Services shall arrange for the safe
and orderly discharge of the resident from the
facility. If the department determines that the
provision of [active treatment] SPECIALIZED
SERVICES requires an alternate residential
placement, the discharge and transfer of the
resident shall be made in accordance with the
alternative disposition plan submitted by the
Department of Social Services and approved by the
Secretary of the United States Department of
Health and Human Services, except if an alternate
residential placement is not available, the
resident shall not be transferred.
(g) In the case of a resident who is
determined under subsection (d) not to require the
level of services provided by a nursing facility
and not to require [active treatment] SPECIALIZED
SERVICES, the nursing facility shall arrange for
the safe and orderly discharge of the resident
from the facility.
(h) Any person seeking admittance to a nursing
facility or any resident of a nursing facility who
is adversely affected by a determination of the
Department of Mental Health and Addiction Services
under this section may appeal such determination
to the Department of Social Services within
fifteen days of the receipt of the notice of a
determination by the Department of Mental Health
and Addiction Services. If an appeal is taken to
the Department of Social Services the
determination of the Department of Mental Health
and Addiction Services shall be stayed pending
determination by the Department of Social
Services.
Sec. 136. Section 17b-360 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) For purposes of this section, the terms
"mental retardation", "a condition related to
mental retardation" and ["active treatment"]
"SPECIALIZED SERVICES" shall be as defined in
Subsection (e)(7)(G)(ii) of Section 1919 of the
Social Security Act and federal regulations.
(b) No nursing facility may admit any new
resident irrespective of source of payment, who
has mental retardation or has a condition related
to mental retardation unless the Department of
Mental Retardation has determined prior to
admission based upon an independent physical and
mental evaluation performed by or under the
auspices of the Department of Social Services that
because of the physical and mental condition of
the individual, the individual requires the level
of services provided by a nursing facility. If the
individual requires such level of services, the
Department of Mental Retardation shall also
determine whether the individual requires [active
treatment] SPECIALIZED SERVICES for such
condition. An individual who is determined by the
Department of Mental Retardation to have mental
retardation or to have a related condition and is
determined not to require nursing facility level
of services shall not be admitted to a nursing
facility. In order to implement the preadmission
review requirements of this section, and to
identify applicants for admission who may have
mental retardation or have conditions related to
mental retardation and subject to the requirements
of this section, nursing facilities may not admit
any individual irrespective of source of payment,
unless an identification screen developed, or in
the case of out-of-state residents approved, by
the Department of Social Services has been
completed for the applicant and filed in
accordance with federal law.
(c) No payment from any source shall be due to
a nursing facility that admits a resident in
violation of the preadmission screening
requirements of this section.
[(d) By April 1, 1990, and annually
thereafter, in the case of each resident of a
nursing facility, irrespective of source of
payment, who has mental retardation or who has a
condition related to mental retardation, the
Department of Mental Retardation shall annually
review and determine, based on an independent
physical and mental evaluation performed by or
under the auspices of the Department of Social
Services, whether or not the resident, because of
the resident's physical and mental condition,
requires the level of services provided by a
nursing facility and whether or not the resident
requires active treatment for mental retardation
or the related condition. In order to implement
the annual review requirements of this section and
to identify residents of nursing facilities who
may have mental retardation or have conditions
related to mental retardation and subject to the
requirements of this section, nursing facilities
shall ensure that the identification screen
developed, or in the case of out-of-state
residents approved, by the Department of Social
Services has been completed and filed in
accordance with federal law.]
(d) A NURSING FACILITY SHALL NOTIFY THE
DEPARTMENT OF MENTAL RETARDATION WHEN A RESIDENT
WHO HAS MENTAL RETARDATION UNDERGOES A CHANGE IN
CONDITION OR WHEN A RESIDENT WHO HAS NOT
PREVIOUSLY BEEN DIAGNOSED AS HAVING MENTAL
RETARDATION UNDERGOES A SIGNIFICANT CHANGE IN
CONDITION WHICH MAY REQUIRE SPECIALIZED SERVICES.
UPON SUCH NOTIFICATION, THE DEPARTMENT OF MENTAL
RETARDATION, UNDER THE AUSPICES OF THE DEPARTMENT
OF SOCIAL SERVICES, SHALL PERFORM AN EVALUATION TO
DETERMINE WHETHER THE RESIDENT REQUIRES THE LEVEL
OF SERVICES PROVIDED BY A NURSING FACILITY OR
REQUIRES SPECIALIZED SERVICES FOR MENTAL
RETARDATION.
(e) In the case of a resident who is
determined under subsection (d) not to require the
level of services provided by a nursing facility
but to require [active treatment] SPECIALIZED
SERVICES for mental retardation or a condition
related to mental retardation and who has
continually resided in a nursing facility for at
least thirty months before the date of the
determination, the resident may elect to remain in
the facility or to receive services covered by
Medicaid in an alternative appropriate
institutional or noninstitutional setting in
accordance with the terms of the alternative
disposition plan submitted by the Department of
Social Services and approved by the Secretary of
the United States Department of Health and Human
Services.
(f) In the case of a resident with mental
retardation or a related condition who is
determined under subsection (d) not to require the
level of services provided by a nursing facility
but to require [active treatment] SPECIALIZED
SERVICES for mental retardation or the related
condition and who has not continuously resided in
a nursing facility for at least thirty months
before the date of the determination, the nursing
facility in consultation with the Department of
Mental Retardation shall arrange for the safe and
orderly discharge of the resident from the
facility. If the department determines that the
provision of [active treatment] SPECIALIZED
SERVICES requires an alternative residential
placement, the discharge and transfer of the
patient shall be in accordance with the
alternative disposition plan submitted by the
Department of Social Services and approved by the
Secretary of the United States Department of
Health and Human Services, except if an
alternative residential facility is not available,
the resident shall not be transferred.
(g) In the case of a resident who is
determined under subsection (d) not to require the
level of services provided by a nursing facility
and not to require [active treatment] SPECIALIZED
SERVICES, the nursing facility shall arrange for
the safe and orderly discharge of the resident
from the facility.
(h) The Department of Mental Retardation shall
be the agency responsible for making the
determinations required by this section on behalf
of individuals who have mental retardation and on
behalf of individuals with conditions related to
mental retardation and may provide services to
such individuals to the extent required by federal
law.
(i) Any person seeking admittance to a nursing
facility or any resident of a nursing facility who
is adversely affected by a determination of the
Department of Mental Retardation under this
section may appeal such determination to the
Department of Social Services within fifteen days
of the receipt of the notice of a determination by
the Department of Mental Retardation. If an appeal
is taken to the Department of Social Services, the
determination of the Department of Mental
Retardation shall be stayed pending determination
by the Department of Social Services.
Sec. 137. Subsection (e) of section 5-259 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(e) Notwithstanding the provisions of
subsection (a) of this section, (1) vending stand
operators eligible for membership in the state
employee's retirement system pursuant to section
5-175a, shall be eligible for coverage under the
group hospitalization and medical and surgical
insurance plans procured under this section,
provided the cost for such operators' insurance
coverage shall be paid by the Board of Education
and Services for the Blind from vending machine
income pursuant to section 10-303 and (2) blind
persons employed in workshops established pursuant
to section 10-298a, shall be eligible for coverage
under the group hospitalization and medical and
surgical insurance plans procured under this
section, provided the cost for such persons'
insurance coverage shall be paid by the Board of
Education and Services for the Blind. [from such
persons' earnings.]
Sec. 138. Section 10-295 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) All residents of this state, regardless of
age, who, because of blindness or impaired vision,
require special educational programs, on the
signed recommendation of the director of the Board
of Education and Services for the Blind, shall be
entitled to receive such instruction and for such
length of time as is deemed expedient by said
director. The director shall annually submit to
the board the list of names of persons so
recommended. Upon the petition of any parent or
guardian of a blind educable child or a child with
impaired vision, a local board of education may
provide such instruction within the town or it may
provide for such instruction by agreement with
other towns as provided in subsection (d) of
section 10-76d. The expense of such instruction
shall be paid by the state to an amount not
exceeding six thousand four hundred dollars for
each of such persons in any one state fiscal year.
When the parents or guardians of any such blind
person or person with impaired vision are not able
to provide clothing for such person, an additional
sum not to exceed one hundred dollars per year may
be allowed for such expenses. Where a local or
regional board of education reimburses parents or
legal guardians of a blind or visually impaired
child for transportation to and from a specialized
residential facility serving the blind, such board
shall be reimbursed by the state for such
validated actual cost up to a maximum of three
hundred dollars per pupil per school year.
Determination of reimbursable transportation costs
and payment therefor shall be the responsibility
of the State Board of Education and Services for
the Blind. All educational privileges prescribed
in part V of chapter 164, not inconsistent with
the provisions of this chapter, shall apply to the
pupils covered by this subsection. The Board of
Education and Services for the Blind may provide
any of the educational services described in this
section to a child whose vision may be greater
than as defined in section 10-294a upon written
referral by the State Board of Education. A
REQUEST FROM A LOCAL OR REGIONAL BOARD OF
EDUCATION FOR REIMBURSEMENT OF SUCH EXPENSES TO
THE BOARD OF EDUCATION AND SERVICES FOR THE BLIND
SHALL NOT BE ELIGIBLE FOR SUCH REIMBURSEMENT
UNLESS SUCH REQUEST IS RECEIVED BY THE FIRST OF
JUNE FOR SUCH EXPENSES INCURRED DURING THE
PRECEDING FIRST OF JULY THROUGH THE THIRTY-FIRST
OF DECEMBER AND BY THE FIRST OF DECEMBER FOR
EXPENSES INCURRED DURING THE PRECEDING FIRST OF
JANUARY THROUGH THE THIRTIETH OF JUNE.
(b) Said board may expend funds up to
[fourteen] ELEVEN thousand dollars per fiscal year
per child for the purpose of sending children who
are both blind or visually impaired and deaf, or
blind or visually impaired with other severe
physical handicaps, to specialized facilities
within or outside the state furnishing proper
facilities for education of such children;
provided blind children or children with visual
impairment who are mentally retarded or
emotionally maladjusted who can reasonably profit
by special training, facilities and services may
be included in the provisions of this section.
Such funds may be spent outside the state for
room, board, tuition and other items necessarily
relevant to the education of such children. Said
board may determine if such children should be
sent to such out-of-state places and may
promulgate such regulations as it deems necessary
to carry out the purpose and intent of this
subsection. To be eligible for aid under this
subsection, the child and either of such child's
parents or guardian shall be bona fide residents
of this state.
(c) The Board of Education and Services for
the Blind may provide for the instruction of the
adult blind in their homes, expending annually for
this purpose such sums as the General Assembly may
appropriate.
(d) The Board of Education and Services for
the Blind may expend up to ten thousand dollars
per fiscal year per person twenty-one years of age
or over who is both blind or visually impaired and
deaf for the purpose of sending such person to a
specialized public or private facility within the
state furnishing programs from which such person
can profit. Said board may determine the criteria
by which a person is sent to a specialized public
or private facility and may adopt regulations
necessary to carry out the provisions of this
subsection.
(e) THE BOARD OF EDUCATION AND SERVICES FOR
THE BLIND MAY, WITHIN AVAILABLE APPROPRIATIONS,
PURCHASE ADAPTIVE EQUIPMENT FOR PERSONS RECEIVING
SERVICES PURSUANT TO THIS CHAPTER. THE COST OF
SUCH PURCHASES SHALL NOT EXCEED, AND SHALL BE
INCLUDED IN, THE MAXIMUM AMOUNT AUTHORIZED FOR
INSTRUCTIONAL EXPENSES UNDER SUBSECTION (a) OF
THIS SECTION.
Sec. 139. Section 10-305 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Each physician and optometrist shall report in
writing to the Board of Education and Services for
the Blind within thirty days each blind person
coming under his or her private or institutional
care within this state. The report of such blind
person shall include the name, address, SOCIAL
SECURITY NUMBER, DATE OF BIRTH, DATE OF DIAGNOSIS
OF BLINDNESS and degree of vision. Such reports
shall not be open to public inspection.
Sec. 140. Section 10-311a of the general
statutes is repealed and the following is
substituted in lieu thereof:
The case records of the Board of Education and
Services for the Blind maintained for the purposes
of this chapter shall be confidential and the
names and addresses of recipients of assistance
under this chapter shall not be published nor used
for purposes not directly connected with the
administration of this chapter, EXCEPT AS
NECESSARY TO CARRY OUT THE PROVISIONS OF SECTION
17b-6.
Sec. 141. (NEW) The Board of Education and
Services for the Blind shall adopt regulations, in
accordance with chapter 54 of the general
statutes, to determine the order to be followed in
selecting those eligible persons to whom
vocational rehabilitation services will be
provided, in accordance with federal regulations.
Sec. 142. (NEW) Notwithstanding the provisions
of section 17a-101k of the general statutes, the
Commissioner of Children and Families shall
disclose to the Commissioner of Social Services,
or his designee, registry information necessary
for the evaluation of the temporary family
assistance program operated by the Department of
Social Services.
Sec. 143. (NEW) The Commissioner of Social
Services shall implement policies and procedures
necessary for the purposes of carrying out
provisions of this act concerning the general
assistance programs, while in the process of
adopting such policies and procedures in
regulation form, provided notice of intention to
adopt the regulations is published in the
Connecticut Law Journal within twenty days of
implementing such policies and procedures. Final
regulations shall be submitted to the Legislative
Regulations Review Committee no later than
November 15, 1997. Policies and procedures
implemented pursuant to this section shall be
valid until the time final regulations are
effective.
Sec. 144. (NEW) (a) Qualified aliens, as
defined in section 431 of public law 104-193,
admitted into the United States prior to August
22, 1996, shall be eligible for temporary family
assistance or assistance under the federal waiver
for the demonstration program entitled "Reach for
Jobs First", provided other conditions of
eligibility are met. A qualified alien admitted
into the United States on or after August 22,
1996, and not determined eligible for assistance
prior to July 1, 1997, shall be eligible for
temporary family assistance subsequent to five
years from the date admitted, except if the
individual is otherwise qualified for the purpose
of state receipt of federal financial
participation under Title IV of public law 104-93,
such individual shall be eligible for temporary
family assistance regardless of the date admitted.
Such a qualified alien must pursue citizenship to
the maximum extent allowed by law as a condition
of eligibility for the temporary family assistance
program unless incapable of doing so due to a
medical problem, language barrier or other reason
as determined by the Commissioner of Social
Services. Notwithstanding the provisions of this
section, any qualified alien or other lawfully
residing immigrant alien who is a victim of
domestic violence or who has mental retardation
shall be eligible for temporary family assistance.
(b) Notwithstanding the provisions of
subsection (a) of this section: (1) A qualified
alien admitted into the United States on or after
August 22, 1996, or other lawfully residing
immigrant alien determined eligible for temporary
family assistance prior to July 1, 1997, shall
remain eligible for such assistance until July 1,
1999, and (2) a qualified alien or other lawfully
residing immigrant alien admitted into the United
States on or after August 22, 1996, and not
determined eligible prior to July 1, 1997, shall
be eligible for such assistance subsequent to six
months from establishing residency in this state
until July 1, 1999; except if the individual is
otherwise qualified for the purpose of state
receipt of federal financial participation under
Title IV of Public Law 104-93, such individual
shall be eligible for temporary family assistance
regardless of the date admitted or the date
determined eligible.
Sec. 145. (NEW) Qualified aliens, as defined
in section 431 of public law 104-193, admitted
into the United States prior to August 22, 1996,
shall be eligible for Medicaid provided other
conditions of eligibility are met. Qualified
aliens admitted into the United States on or after
August 22, 1996, shall be eligible for Medicaid
subsequent to five years from the date admitted,
except if the individual is otherwise qualified
for the purposes of state receipt of federal
financial participation under Title IV of public
law 104-193, such individual shall be eligible for
Medicaid regardless of the date admitted.
Sec. 146. (NEW) Qualified aliens, as defined
in section 431 of public law 104-193, admitted
into the United States on or after August 22,
1996, or other lawfully residing immigrant aliens
who have been determined eligible for Medicaid
prior to July 1, 1997, may be eligible until July
1, 1999, for state-funded medical assistance which
shall provide coverage to the same extent as the
Medicaid program. Such qualified aliens or
lawfully residing immigrant aliens who have not
been determined eligible for Medicaid prior to
July 1, 1997, shall be eligible for state-funded
assistance subsequent to six months from
establishing residency in this state until July 1,
1999. Notwithstanding the provisions of this
section, any qualified alien or other lawfully
residing immigrant alien who is a victim of
domestic violence or who has mental retardation
shall be eligible for state-funded assistance
pursuant to this section. Only individuals who are
not eligible for Medicaid shall be eligible for
state-funded assistance pursuant to this section.
Sec. 147. Section 17b-352 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) For the purposes of this section and
section 17b-353, "facility" means a residential
facility for the mentally retarded licensed
pursuant to section 17a-277 and certified to
participate in the Title XIX Medicaid program as
an intermediate care facility for the mentally
retarded, a nursing home, rest home or home for
the aged, as defined in section 19a-490.
(b) Any facility which intends to (1) transfer
all or part of its ownership or control prior to
being initially licensed; (2) introduce any
additional function or service into its program of
care or expand an existing function or service; or
(3) terminate a service or decrease substantially
its total bed capacity, shall submit a complete
request for permission to implement such transfer,
addition, expansion, increase, termination or
decrease with such information as the department
requires to the Department of Social Services.
(c) AN APPLICANT, PRIOR TO SUBMITTING A
CERTIFICATE OF NEED APPLICATION, SHALL REQUEST, IN
WRITING, APPLICATION FORMS AND INSTRUCTIONS FROM
THE DEPARTMENT. THE REQUEST SHALL INCLUDE: (1) THE
NAME OF THE APPLICANT OR APPLICANTS; (2) A
STATEMENT INDICATING WHETHER THE APPLICATION IS
FOR (A) A NEW, ADDITIONAL, EXPANDED OR REPLACEMENT
FACILITY, SERVICE OR FUNCTION, (B) A TERMINATION
OR REDUCTION IN A PRESENTLY AUTHORIZED SERVICE OR
BED CAPACITY OR (C) ANY NEW, ADDITIONAL OR
TERMINATED BEDS AND THEIR TYPE; (3) THE ESTIMATED
CAPITAL COST; (4) THE TOWN WHERE THE PROJECT IS OR
WILL BE LOCATED; AND (5) A BRIEF DESCRIPTION OF
THE PROPOSED PROJECT. SUCH REQUEST SHALL BE DEEMED
A LETTER OF INTENT. NO CERTIFICATE OF NEED
APPLICATION SHALL BE CONSIDERED SUBMITTED TO THE
DEPARTMENT UNLESS A CURRENT LETTER OF INTENT,
SPECIFIC TO THE PROPOSAL AND IN ACCORDANCE WITH
THE PROVISIONS OF THIS SUBSECTION, HAS BEEN ON
FILE WITH THE DEPARTMENT FOR NOT LESS THAN TEN
BUSINESS DAYS. FOR PURPOSES OF THIS SUBSECTION, "A
CURRENT LETTER OF INTENT" MEANS A LETTER OF INTENT
ON FILE WITH THE DEPARTMENT FOR NOT MORE THAN ONE
HUNDRED EIGHTY DAYS. A CERTIFICATE OF NEED
APPLICATION SHALL BE DEEMED WITHDRAWN BY THE
DEPARTMENT, IF A DEPARTMENT COMPLETENESS LETTER IS
NOT RESPONDED TO WITHIN ONE HUNDRED EIGHTY DAYS.
[(c)] (d) The department shall review a
request made pursuant to subsection (b) of this
section to the extent it deems necessary,
including, but not limited to, in the case of a
proposed transfer of ownership or control prior to
initial licensure, the financial responsibility
and business interests of the transferee and the
ability of the facility to continue to provide
needed services, or in the case of the addition or
expansion of a function or service, ascertaining
the availability of the function or service at
other facilities within the area to be served, the
need for the service or function within the area
and any other factors the department deems
relevant to a determination of whether the
facility is justified in adding or expanding the
function or service. The commissioner shall grant,
modify or deny the request within ninety days of
receipt thereof, except as otherwise provided in
this section. Upon the request of the applicant,
the review period may be extended for an
additional fifteen days if the department has
requested additional information subsequent to the
commencement of the commissioner's review period.
The director of the office of certificate of need
and rate setting may extend the review period for
a maximum of thirty days if the applicant has not
filed in a timely manner information deemed
necessary by the department. The applicant may
request and shall receive a hearing in accordance
with section 4-177 if aggrieved by a decision of
the commissioner.
[(d)] (e) The Commissioner of Social Services
shall not approve any requests for beds in
residential facilities for the mentally retarded
which are licensed pursuant to section 17a-227 and
are certified to participate in the Title XIX
Medicaid Program as intermediate care facilities
for the mentally retarded, except those beds
necessary to implement the residential placement
goals of the Department of Mental Retardation
which are within available appropriations.
[(e)] (f) The Commissioner of Social Services
shall adopt regulations, in accordance with
chapter 54, to implement the provisions of this
section. The commissioner shall implement the
standards and procedures of the Office of Health
Care Access concerning certificates of need
established pursuant to section 19a-643, as
appropriate for the purposes of this section,
until the time final regulations are adopted in
accordance with said chapter 54.
Sec. 148. Section 17b-353 of the general
statutes, as amended by section 11 of public act
97-204, is repealed and the following is
substituted in lieu thereof:
(a) Any facility, as defined in subsection (a)
of section 17b-352, AS AMENDED BY THIS ACT, which
proposes (1) a capital expenditure exceeding one
million dollars, WHICH INCREASES FACILITY SQUARE
FOOTAGE BY MORE THAN FIVE THOUSAND SQUARE FEET OR
FIVE PER CENT OF THE EXISTING SQUARE FOOTAGE,
WHICHEVER IS GREATER, (2) A CAPITAL EXPENDITURE
EXCEEDING TWO MILLION DOLLARS, or (3) the
acquisition of major medical equipment requiring a
capital expenditure in excess of four hundred
thousand dollars, including the leasing of
equipment or space, shall submit a request for
approval of such expenditure, with such
information as the department requires, to the
Department of Social Services. Any such facility
which proposes to acquire imaging equipment
requiring a capital expenditure in excess of four
hundred thousand dollars, including the leasing of
such equipment, shall obtain the approval of the
Office of Health Care Access in accordance with
section 19a-639, as amended by [this act] PUBLIC
ACT 97-204, subsequent to obtaining the approval
of the Commissioner of Social Services.
(b) AN APPLICANT, PRIOR TO SUBMITTING A
CERTIFICATE OF NEED APPLICATION, SHALL REQUEST, IN
WRITING, APPLICATION FORMS AND INSTRUCTIONS FROM
THE DEPARTMENT. THE REQUEST SHALL INCLUDE: (1) THE
NAME OF THE APPLICANT OR APPLICANTS; (2) A
STATEMENT INDICATING WHETHER THE APPLICATION IS
FOR (A) A NEW, ADDITIONAL, EXPANDED OR REPLACEMENT
FACILITY, SERVICE OR FUNCTION, (B) A TERMINATION
OR REDUCTION IN A PRESENTLY AUTHORIZED SERVICE OR
BED CAPACITY OR (C) ANY NEW, ADDITIONAL OR
TERMINATED BEDS AND THEIR TYPE; (3) THE ESTIMATED
CAPITAL COST; (4) THE TOWN WHERE THE PROJECT IS OR
WILL BE LOCATED; AND (5) A BRIEF DESCRIPTION OF
THE PROPOSED PROJECT. SUCH REQUEST SHALL BE DEEMED
A LETTER OF INTENT. NO CERTIFICATE OF NEED
APPLICATION SHALL BE CONSIDERED SUBMITTED TO THE
DEPARTMENT UNLESS A CURRENT LETTER OF INTENT,
SPECIFIC TO THE PROPOSAL AND IN ACCORDANCE WITH
THE PROVISIONS OF THIS SUBSECTION, HAS BEEN ON
FILE WITH THE DEPARTMENT FOR NOT LESS THAN TEN
BUSINESS DAYS. FOR PURPOSES OF THIS SUBSECTION, "A
CURRENT LETTER OF INTENT" MEANS A LETTER OF INTENT
ON FILE WITH THE DEPARTMENT FOR NOT MORE THAN ONE
HUNDRED EIGHTY DAYS. A CERTIFICATE OF NEED
APPLICATION SHALL BE DEEMED WITHDRAWN BY THE
DEPARTMENT IF A DEPARTMENT COMPLETENESS LETTER IS
NOT RESPONDED TO WITHIN ONE HUNDRED EIGHTY DAYS.
[(b)] (c) The commissioner or his designee
shall hold a hearing, pursuant to section 4-177,
with respect to the request. At least two weeks'
notice of the hearing shall be given to the
facility by certified mail and to the public by
publication in a newspaper having a substantial
circulation in the area served by the facility.
Such hearing shall be held at the discretion of
the commissioner in Hartford or in the area so
served. The commissioner or his designee shall
consider such request in relation to the community
or regional need for such capital program or
purchase of land, the possible effect on the
operating costs of the facility and such other
relevant factors as the commissioner or his
designee deems necessary. In approving or
modifying such request, the commissioner or his
designee may not prescribe any condition, such as,
but not limited to, any condition or limitation on
the indebtedness of the facility in connection
with a bond issued, the principal amount of any
bond issued or any other details or particulars
related to the financing of such capital
expenditure, not directly related to the scope of
such capital program and within the control of the
facility. Upon a showing by such facility that the
need for such capital program is of an emergency
nature, the commissioner may waive the requirement
that a hearing be held thereon, provided such
request shall be submitted at least ten business
days before the proposed initiation date of the
project. If the hearing is conducted by a designee
of the commissioner, the designee shall submit his
findings and recommendations to the commissioner.
The commissioner shall grant, modify or deny such
request within ninety days or within ten business
days, as the case may be, of receipt thereof,
except as provided for in this section. Upon the
request of the applicant, the review period may be
extended for an additional fifteen days if the
commissioner or his designee has requested
additional information subsequent to the
commencement of the review period. The
commissioner or his designee may extend the review
period for a maximum of thirty days if the
applicant has not filed in a timely manner
information deemed necessary by the commissioner
or his designee.
[(c)] (d) The Commissioner of Social Services
shall adopt regulations, in accordance with
chapter 54, to implement the provisions of this
section. The commissioner shall implement the
standards and procedures of the Office of Health
Care Access concerning certificates of need
established pursuant to section 19a-643, as
appropriate for the purposes of this section,
until the time final regulations are adopted in
accordance with said chapter 54.
Sec. 149. The unexpended balance of funds
appropriated to the Department of Social Services
in section 11 of special act 95-12, as amended by
section 1 of special act 96-8, for the Connecticut
Home Care Program, shall not lapse on June 30,
1997, and such funds shall continue to be
available for expenditure for such purpose during
the fiscal year ending June 30, 1998.
Sec. 150. Subsection (c) of public act 97-142
is repealed and the following is substituted in
lieu thereof:
(c) Said demonstration project shall be
conducted in no more than [two] THREE facilities,
involving up to sixty existing licensed beds, that
are specifically equipped and staffed for such
purpose. Said demonstration project shall
supplement a facility's scope of services and, if
necessary, modify its physical environment to
improve access for patients with specific chronic
medical conditions, provide care that meets such
patient's specialized health, social and
environmental needs, particularly those of
children and young adults, and evaluate the
optimum design for such programs.
Sec. 151. Section 17b-272 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Effective October 1, 1991, the Commissioner of
Social Services shall permit patients residing in
nursing homes, chronic disease hospitals and state
humane institutions who are medical assistance
recipients under sections 17b-260 to 17b-262,
inclusive, 17b-264 to 17b-285, inclusive, and
17b-357 to 17b-362, inclusive, to have a monthly
personal fund allowance at a level equal to the
minimum permitted under Title XIX of the Social
Security Act. EFFECTIVE JULY 1, 1998, THE
COMMISSIONER SHALL INCREASE SUCH ALLOWANCE
ANNUALLY TO REFLECT THE ANNUAL INFLATION
ADJUSTMENT IN SOCIAL SECURITY INCOME, IF ANY.
Sec. 152. (NEW) (a) The Commissioner of
Economic and Community Development shall establish
a pilot program in the congregate housing facility
existing in the town of Norwich on the effective
date of this act to provide assisted living
services for the frail elderly, as defined in
section 8-430 of the general statutes. Such
assisted living services shall include, but not be
limited to, routine nursing services and
assistance with activities of daily living. Such
congregate housing facility shall contract with an
assisted living services agency, as defined in
section 19a-490 of the general statutes. The
commissioner may provide technical assistance and
shall provide financial assistance in the form of
grants-in-aid for such pilot program.
(b) Not later than January 1, 1999, the
manager of the congregate housing facility in the
town of Norwich in which said pilot program is
operated, shall submit a report to the select
committee of the General Assembly having
cognizance of matters relating to aging, and to
the joint standing committees of the General
Assembly having cognizance of matters relating to
human services and appropriations. Said report
shall analyze the strengths and shortcomings of
the pilot program and shall include data on (1)
the number of clients served by the program, (2)
the number and type of services offered under the
program, and (3) the monthly cost per client under
the program.
(c) The Commissioner of Economic and Community
Development may adopt regulations, in accordance
with the provisions of chapter 54 of the general
statutes, to carry out the purposes of this
section.
Sec. 153. (NEW) The Commissioner of Public
Health shall allow state-funded congregate
facilities to provide assisted living services
pursuant to section 152 of this act.
Sec. 154. Section 8-119g of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The provisions of section 8-113a and
sections 8-115a to 8-118b, inclusive, shall govern
the implementation of this part.
(b) ON AND AFTER JULY 1, 1997, THE MAXIMUM
INCOME LIMITS FOR ADMISSION TO A STATE CONGREGATE
HOUSING FACILITY SHALL BE EIGHTY PER CENT OF THE
AREA MEDIAN INCOME ADJUSTED FOR FAMILY SIZE.
Sec. 155. Subsection (a) of section 8-115a of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) No housing project or projects for elderly
persons shall be developed until the Commissioner
of Economic and Community Development has approved
the site, the plans and specifications, the
estimated development cost, including
administrative or other cost or expense to be
incurred by the state in connection therewith as
determined by said commissioner, and an operation
or management plan for such project or projects
which shall provide an income, including
contributions expected from any source, which
shall be adequate for debt service on any notes or
bonds issued by an authority to finance such
development cost, administration, including a
state service charge as established by the
commissioner, other operating costs and
establishment of reasonable reserves for repairs,
maintenance and replacements, vacancy and
collection losses. During the period of operation
of such project or projects, the authority,
municipal developer, nonprofit corporation or
housing partnership shall submit to the
commissioner for his approval its rent schedules
and its standards of tenant eligibility and
continued occupancy and any changes therein, and
its proposed budget for each fiscal year, together
with such reports and financial and operating
statements as the commissioner finds necessary.
Such authority, municipal developer, nonprofit
corporation or housing partnership shall also
annually submit verification that the significant
facilities and services required to be provided to
the residents of such project pursuant to Title
VIII of the Civil Rights Act of 1968, as amended
by the Fair Housing Amendments Act of 1988 (42 USC
3600 et seq.) are being provided. [The
commissioner may establish maximum income limits
for admission and continued occupancy of tenants.]
ON AND AFTER JULY 1, 1997, THE MAXIMUM INCOME
LIMITS FOR ADMISSION TO SUCH PROJECT SHALL BE
EIGHTY PER CENT OF THE AREA MEDIAN INCOME ADJUSTED
FOR FAMILY SIZE.
Sec. 156. (NEW) As used in sections 157 to
161, inclusive, of this act:
(1) "Abuse" means the wilful infliction by an
employee of physical pain or injury or the wilful
deprivation of services necessary to the physical
and mental health and safety of a department
client.
(2) "Authorized agency" means any agency
authorized in accordance with the general statutes
to conduct abuse and neglect investigations and
responsible for issuing or carrying out protective
services for persons with mental retardation.
(3) "Commissioner" means the Commissioner of
Mental Retardation.
(4) "Department" means the Department of
Mental Retardation.
(5) "Department client" means a person with
mental retardation or a person who receives
services or funding from the department.
(6) "Employee" means any individual employed
(A) by the department, or (B) by an agency,
organization or individual that is licensed or
funded by the department and that provides or
hires others to provide services, either directly
or indirectly, to a department client.
(7) "Employer" means (A) the department, or
(B) an agency, organization or individual that is
licensed or funded by the department and that
provides or hires others to provide services to a
department client.
(8) "Neglect" means the failure by an
employee, through action or inaction, to provide a
department client with the services necessary to
maintain his physical and mental health and
safety.
(9) "Protective services" has the meaning
assigned to it in section 46a-11a of the general
statutes.
(10) "Registry" means a centralized data base
containing information regarding substantiated
abuse or neglect.
(11) "Substantiated abuse or neglect" means a
final decision, pursuant to chapter 54 of the
general statutes, that abuse or neglect of a
department client has occurred or there has been a
criminal conviction of a felony or misdemeanor
involving abuse or neglect.
Sec. 157. (NEW) (a) The Department of Mental
Retardation shall establish and maintain a
registry of individuals who have been terminated
or separated from employment as a result of
substantiated abuse or neglect. The department
shall, for the purposes of maintaining the
registry, be capable of responding to inquiries,
including response by telephone voice mail or
other automated response for initial inquiries, as
to whether an individual has been terminated or
separated from employment as a result of
substantiated abuse or neglect.
(b) The registry shall include, but not be
limited to, the following: (1) The names,
addresses and Social Security numbers of those
individuals terminated or separated from
employment as a result of substantiated abuse or
neglect; (2) the date of termination or
separation; (3) the type of abuse or neglect; and
(4) the name of any employer or authorized agency
requesting information from the registry, the
reason for the request and the date of the
request.
(c) The department shall make information in
the registry, other than limited information
available through an automated response to an
initial inquiry, available only to: (1) Authorized
agencies, for the purpose of protective service
determinations; or (2) employers seeking to employ
a person to provide services to a department
client.
(d) The department shall limit responses to
requests for identifying information from the
registry established under this section to (1)
identification of the individual terminated or
separated from employment for substantiated abuse
or neglect, and (2) the type of abuse or neglect
so substantiated.
(e) Not later than five business days
following an employee's termination or separation
from employment for abuse or neglect, an employer
shall submit to the department the name of such
employee and such other information as the
department may request. Upon receipt of
notification of such termination or separation,
the department shall make an initial determination
as to whether to place an individual's name on the
registry. If an initial determination warrants
placing an individual's name on the registry, the
department shall give the individual notice and an
opportunity to be heard and shall not place the
individual's name on the registry until it has
substantiated the abuse or neglect pursuant to
chapter 54 of the general statutes governing
contested cases.
(f) No employer shall be liable in any civil
action for damages brought by an employee or an
applicant for employment whose name appears on the
registry established by this section arising out
of the conduct of the employer in (1) making any
report in good faith pursuant to subsection (e) of
this section, (2) testifying under oath in any
administrative or judicial proceeding arising from
such report, (3) refusing to hire or to retain any
individual whose name appears on the registry
established under this section, or (4) taking any
other action to conform to the requirements of
this section. The immunity provided in this
subsection shall not apply to gross negligence or
to wilful or wanton misconduct.
Sec. 158. (NEW) (a) No employer shall hire or
retain an individual without first inquiring of
the department as to whether the individual's name
appears on the registry and no employer shall hire
or retain an individual whose name so appears.
(b) No person shall inquire of the department
as to whether an individual's name appears on the
registry except for the purposes authorized under
subsection (c) of section 157 of this act.
Sec. 159. (NEW) Except as required for written
orders and final decisions pursuant to section
4-180a of the general statutes, the registry shall
be confidential and neither the registry nor any
supporting documentation shall be subject to
disclosure under the provisions of section 1-19 of
the general statutes.
Sec. 160. (NEW) The Department of Mental
Retardation may adopt regulations in accordance
with the provisions of chapter 54 of the general
statutes to implement the provisions of sections
156 to 160, inclusive, of this act.
Sec. 161. Subsection (a) of section 2c-2b of
the general statutes is amended by adding
subdivision (31) as follows:
(NEW) (31) The registry established under
section 157 of this act.
Sec. 162. Section 42-207 of the general
statutes is repealed and the following is
substituted in lieu thereof:
An irrevocable funeral contract may be entered
into in which the amount held in escrow may be
disbursed only upon the death of the beneficiary,
provided such a contract [shall] DOES not exceed
[four times the highest amount payable for the
burial of public assistance recipients and that]
FIVE THOUSAND FOUR HUNDRED DOLLARS AND all
interest accumulates to the escrow account and is
[also] inaccessible to the beneficiary. Such
irrevocable funeral contracts may be transferred
from one funeral service establishment to another
upon request of the beneficiary. The purchase of
an irrevocable funeral contract shall not preclude
an individual from purchasing other funeral
contracts that are revocable.
Sec. 163. Subsection (a) of section 10-303 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The authority in charge of any building or
property owned, operated or leased by the state or
any municipality therein shall grant to the Board
of Education and Services for the Blind a permit
to operate in such building or on such property a
food service facility, a vending machine or a
stand for the vending of newspapers, periodicals,
confections, tobacco products, food and such other
articles as such authority approves when, in the
opinion of such authority, such facility, machine
or stand is desirable in such location. Any person
operating such a stand in any such location
October 1, 1945, shall be permitted to continue
such operation, but upon such person's ceasing
such operation such authority shall grant a permit
for continued operation to the Board of Education
and Services for the Blind. SAID BOARD MAY
ESTABLISH A TRAINING FACILITY AT ANY SUCH
LOCATION.
Sec. 164. Sections 17b-113, 17b-115, 17b-180,
17b-181, 17b-182, 17b-680 to 17b-688a, inclusive,
17b-689a, 17b-690 to 17b-693, inclusive, and
17b-811 of the general statutes are repealed.
Sec. 165. This act shall take effect July 1,
1997.
Approved June 30, 1997