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               House Bill No. 5643
               House Bill No. 5643

              PUBLIC ACT NO. 98-239


AN   ACT   CONCERNING   THE  EXPENDITURES  OF  THE
DEPARTMENT OF SOCIAL SERVICES.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section  1.  (NEW)  (a)  The  Commissioner  of
Social  Services,  in   collaboration   with   the
Commissioner of Economic and Community Development
and  the Connecticut  Housing  Finance  Authority,
shall establish a demonstration project to provide
subsidized assisted living services, as defined in
section   19-13-D105   of   the   regulations   of
Connecticut state agencies,  for  persons residing
in affordable housing, as defined in section 8-39a
of the general statutes. The demonstration project
shall be conducted  in  three municipalities to be
determined by the Commissioner of Social Services.
The demonstration project  may accept applications
for up to  three  years from the effective date of
this section and  shall be limited to a maximum of
three hundred dwelling  units. Applicants for such
subsidized  assisted  living   services  shall  be
subject to the  same  eligibility  requirements as
the Connecticut home  care program for the elderly
pursuant to section 17b-342, as amended by section
76 of public  act  97-2  of  the  June  18 special
session.
    (b)  Not  later  than  January  1,  1999,  the
Commissioner of Social Services shall enter into a
memorandum of understanding  with the Commissioner
of  Economic and  Community  Development  and  the
Connecticut   Housing  Finance   Authority.   Such
memorandum of understanding shall specify that (1)
the Department of  Social  Services  apply  for  a
Medicaid  waiver  to   secure   federal  financial
participation to fund  assisted  living  services,
establish  a  process   to  select  nonprofit  and
for-profit providers and  determine  the number of
dwelling units in  the  demonstration project, (2)
the   Department   of   Economic   and   Community
Development  provide rental  subsidy  certificates
pursuant to section  8-402 of the general statutes
or rental assistance  pursuant  to  section 117 of
public act 97-2  of  the  June 18 special session,
and (3) the  Connecticut Housing Finance Authority
provide second mortgage loans for housing projects
for which the  authority  has  provided  financial
assistance in the  form  of  a  loan  secured by a
first mortgage pursuant  to  section  8-403 of the
general statutes for  the  demonstration  project.
Not  later than  July  1,  1999,  the  Connecticut
Housing Finance Authority  shall  issue  a request
for proposals for  persons  or entities interested
in participating in the demonstration project.
    Sec. 2. Not  later  than  January 1, 2001, the
Commissioners of Social  Services and Economic and
Community Development and  the Connecticut Housing
Finance Authority shall  submit  an interim report
relative to the  demonstration project established
under section 1  of this act to the joint standing
committees   of  the   General   Assembly   having
cognizance of matters  relating to human services,
commerce  and  appropriations.   Not   later  than
January  1,  2003,  the  Commissioners  of  Social
Services and Economic  and  Community  Development
and  the  Connecticut  Housing  Finance  Authority
shall submit a  final  report  to  said committees
which shall analyze the strengths and shortcomings
of the demonstration  project  and  shall  include
data on (1)  the  number  of individuals served by
the project, (2)  the  number and type of services
offered under the  project,  and  (3)  the monthly
cost per individual under the project.
    Sec.  3.  Section   17b-272   of  the  general
statutes, as amended  by section 151 of public act
97-2 of the  June  18 special session, is repealed
and the following is substituted in lieu thereof:
    Effective [October 1,  1991] JULY 1, 1998, 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,   AS
AMENDED,  17b-264  to   17b-285,   inclusive,   AS
AMENDED, and 17b-357  to  17b-362,  inclusive,  AS
AMENDED, to have a monthly personal fund allowance
[at a level  equal  to the minimum permitted under
Title XIX of  the  Social  Security  Act] OF FIFTY
DOLLARS.  Effective  July   1,  [1998]  1999,  the
commissioner   shall   increase   such   allowance
annually   to   reflect   the   annual   inflation
adjustment in Social Security income, if any.
    Sec.  4.  Section   17b-106   of  the  general
statutes, as amended  by  section 49 of public act
97-2 of the  June  18 special session, is repealed
and the following is substituted in lieu thereof:
    (a)  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, 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.
    (b) EFFECTIVE JULY  1,  1998, THE COMMISSIONER
OF  SOCIAL  SERVICES   SHALL   PROVIDE   A   STATE
SUPPLEMENT PAYMENT FOR  RECIPIENTS OF MEDICAID AND
THE FEDERAL SUPPLEMENTAL  SECURITY  INCOME PROGRAM
WHO RESIDE IN LONG-TERM CARE FACILITIES SUFFICIENT
TO  INCREASE THEIR  PERSONAL  NEEDS  ALLOWANCE  TO
FIFTY DOLLARS PER  MONTH.  SUCH  STATE  SUPPLEMENT
PAYMENT  SHALL  BE  MADE  TO  THE  LONG-TERM  CARE
FACILITY TO BE  DEPOSITED  INTO  THE PERSONAL FUND
ACCOUNT OF EACH  SUCH RECIPIENT. EFFECTIVE JULY 1,
1999, AND ANNUALLY  THEREAFTER,  THE  COMMISSIONER
SHALL  INCREASE  SUCH  ALLOWANCE  TO  REFLECT  THE
ANNUAL  INFLATION ADJUSTMENT  IN  SOCIAL  SECURITY
INCOME,  IF  ANY.   FOR   THE   PURPOSES  OF  THIS
SUBSECTION,  "LONG-TERM  CARE  FACILITY"  MEANS  A
LICENSED CHRONIC AND  CONVALESCENT NURSING HOME, A
CHRONIC DISEASE HOSPITAL, A REST HOME WITH NURSING
SUPERVISION, AN INTERMEDIATE CARE FACILITY FOR THE
MENTALLY RETARDED OR A STATE HUMANE INSTITUTION.
    Sec. 5. (NEW)  (a)  The Commissioner of Social
Services   shall   offer    immediate    diversion
assistance designed to  prevent  certain  families
who  are applying  for  monthly  temporary  family
assistance from needing such assistance. Diversion
assistance shall be  offered  to families that (1)
are  determined  eligible   for  temporary  family
assistance, (2) demonstrate a short-term need that
cannot be met  with  current or anticipated family
resources, and (3) with the provision of a service
or short-term benefit,  would  be  prevented  from
needing monthly temporary family assistance.
    (b) The Commissioner  of Social Services shall
establish a simplified  eligibility  determination
process   for  diversion   assistance.   Diversion
assistance  shall  be   provided  not  later  than
fifteen calendar days  from the date the applicant
signs  a  request  for  diversion  assistance.  An
application for temporary  family assistance shall
be  withdrawn  if   the   Commissioner  of  Social
Services and the  applicant  agree  that diversion
assistance would prevent  the  family from needing
temporary  family assistance  and  such  diversion
assistance is provided.  In  no  event  shall  the
amount of diversion assistance be greater than the
cash  assistance equivalent  of  three  months  of
temporary family assistance for such family.
    (c) Diversion assistance  may include, but not
be limited to,  employment  services,  child  care
assistance,  transportation  assistance,   housing
assistance,    utilities   assistance,    clothing
assistance  and  assistance   with  purchasing  or
maintaining tools necessary for employment.
    (d) A family  receiving  diversion  assistance
shall be ineligible  to  receive monthly temporary
family assistance payments  for  a period of three
months from the  date of application for temporary
family assistance, except  that  such family shall
be eligible to receive temporary family assistance
payments within such period if the Commissioner of
Social Services, or  his  designee,  in  his  sole
discretion,  determines  that   the   family   has
experienced  undue  hardship.  A  family  that  is
subject  to the  twenty-one  month  benefit  limit
under  temporary  family   assistance  shall  have
diversion assistance count  as three months toward
such  limit.  Nothing  in  this  subsection  shall
prohibit a family  receiving  diversion assistance
that   later  qualifies   for   temporary   family
assistance  from  qualifying   for   a   six-month
extension  available to  recipients  of  temporary
family assistance who  did  not  receive diversion
assistance.
    (e) Notwithstanding the  provisions of section
17b-77 of the  general  statutes,  as  amended  by
section 27 of  public  act  97-2  of  the  June 18
special session, and  to  the  extent permitted by
federal law, families  shall  not  be  required to
assign  their  right   to  receive  child  support
payments to the  state  while  receiving diversion
assistance.
    (f) The Commissioner  of Social Services shall
inform each applicant of the specific benefits and
services the family will receive through diversion
assistance  and the  benefits  available  to  such
family under temporary  family  assistance. If the
applicant consents to diversion assistance, he may
rescind his request  for  such  assistance  within
three business days  of  the request for diversion
assistance.
    (g) Nothing in  this  section shall prohibit a
family receiving diversion  assistance  from being
eligible  for  other   social   service   programs
administered by the  Department of Social Services
including, but not  limited to, food stamps, child
care    assistance,   medical    assistance    and
transitional  child care  and  medical  assistance
benefits.
    (h) The Commissioner  of Social Services shall
implement the policies and procedures necessary to
carry out the  provisions of this section while in
the  process  of   adopting   such   policies  and
procedures in regulation  form, provided notice of
intent to adopt  the  regulations  is published in
the Connecticut Law  Journal  within  twenty  days
after implementation. Such policies and procedures
shall be valid  until  the  time final regulations
are effective.
    Sec. 6. (NEW)  (a)  The Commissioner of Social
Services shall extend  the  procedure in effect on
October 1, 1998  for  the  preauthorization of the
purchase  or  rental   of   new   durable  medical
equipment and modification  or  repair of existing
equipment to include services provided to Medicaid
recipients who are  also  recipients  of Medicare.
The  commissioner may  enter  into  any  necessary
agreements   with  the   Health   Care   Financing
Administration  to  ensure   the  coordination  of
authorization  and  payment  for  durable  medical
equipment for such recipients.
    (b) Access to  such  procedure  shall  not  be
denied to a recipient on the basis that a Medicare
coverage determination has  not been made prior to
the submission of  a  request for preauthorization
to the commissioner.  The  commissioner  shall not
make payment for  an item to a supplier of durable
medical  equipment  on   behalf   of   a  Medicare
recipient  until  the  commissioner  has  received
documentation establishing that  a  claim has been
filed  with,  and  a  coverage  and  reimbursement
decision has been  rendered,  under  the  Medicare
program.
    Sec. 7. (NEW)  (a)  The Commissioner of Social
Services, after consultation with the Commissioner
of Mental Health  and  Addiction  Services and the
Secretary of the  Office of Policy and Management,
may  provide,  within   available  appropriations,
payments to long-term care facilities for the care
of certain illegal  immigrants.  Payments  may  be
made  to cover  the  costs  of  care  for  illegal
immigrants who have been admitted to an acute care
or  psychiatric hospital  and  for  whom  services
available in a  long-term  care  facility  are  an
appropriate and cost-effective  alternative.  Such
individuals  must  be   otherwise   eligible   for
Medicaid, have resided  in this state for at least
five  years and  be  unable  to  return  to  their
country  of  origin  due  to  medical  illness  or
regulations barring re-entry  of  persons  who are
ill or disabled  or  based  upon a decision by the
Immigration  and  Naturalization  Service  not  to
proceed with deportation.
    (b) The Commissioner  of Social Services shall
implement the policies and procedures necessary to
carry out the provisions of subsection (a) of this
section while in  the  process  of  adopting  such
policies  and  procedures   in   regulation  form,
provided notice of intent to adopt the regulations
is published in the Connecticut Law Journal within
twenty days after  implementation.  Such  policies
and procedures shall be valid until the time final
regulations are effective.
    Sec.  8.  (NEW)  The  Commissioner  of  Social
Services, in consultation with the Commissioner of
Education,  shall  submit   to   the  Health  Care
Financing Administration an amendment to the state
Medicaid plan required  by Title XIX of the Social
Security   Act  to   enhance   federal   financial
participation for Medicaid  services  provided  to
Medicaid  enrolled  children   requiring   special
education pursuant to  an individualized education
plan.  The  amendment   shall   propose   (1)  the
establishment of either a simplified cost-based or
fixed fee method of determining state expenditures
for eligible Medicaid  services  provided  to such
children and (2)  the  replacement  of  the annual
activity cost reports  for  all school-based child
health services provided  to  such  children.  Any
fixed fee established  by the Department of Social
Services shall be  a  per diem or monthly rate per
child    and    shall     reflect     reimbursable
administrative expenses.
    Sec. 9. Not  later  than December 1, 1998, the
Commissioner of Social  Services,  in consultation
with the Commissioner of Education, shall submit a
plan to the  General  Assembly  to: (1) Reduce the
administrative complexity of  the  state  Medicaid
expenditure  determination procedure  and  enhance
the  incentives  for   towns  to  report  Medicaid
eligible  expenses  for   services   provided   to
Medicaid enrolled special  education students; (2)
increase the state  grant  to  towns  pursuant  to
subsection (a) of  section  10-76d  of the general
statutes by requiring the state to return to towns
seventy-five per cent in lieu of sixty per cent of
Medicaid reimbursement received  by  the state for
special  education  services,  effective  July  1,
1999;  (3)  consider   the  designation  of  local
education agencies as Medicaid administrators; (4)
amend subsection (a)  of  section  10-76d  of  the
general statutes to provide that participation for
towns be voluntary;  (5)  repeal  the  requirement
that data be  submitted for all students receiving
special    education    services    and    require
documentation of billed  service  only  for  those
children  who  are  to  be  claimed  for  Medicaid
reimbursement;  (6)  propose   a   memorandum   of
understanding  among  the   Department  of  Social
Services,   the   Department   of   Administrative
Services  and the  Department  of  Education;  (7)
consider the establishment  of a Center for Health
Care Financing either  within  the  Department  of
Social Services or as a separate entity that shall
work with state  agencies  and  municipalities  to
maximize  Medicaid  payments   to  the  state  and
improve  access  and  quality  of  care;  and  (8)
require  the  Department  of  Social  Services  to
provide training to municipalities as appropriate.
    Sec.  10.  (a)   The  Commissioner  of  Social
Services   shall   study   the   feasibility   and
cost-effectiveness  of  providing   coverage   for
certain  psychotropic or  HIV-related  medications
for  individuals who  become  ineligible  for  the
Medicaid  program, medical  assistance  under  the
general assistance programs,  the Connecticut Aids
Drug Assistance Program  or  the  ConnPACE program
due to the  income  earned after becoming employed
as a result  of  such  a  medication alleviating a
disability that had  been a barrier to employment.
The study shall  assess  the cost-effectiveness of
providing a limited  pharmacy  benefit  for  those
individuals who return  to  work  and  do not have
access to adequate group health insurance coverage
for the cost of such medications.
    (b)  No  later   than   July   1,   1999,  the
commissioner shall submit  a  report  to the joint
standing committees of the General Assembly having
cognizance of matters  relating to human services,
public health and  appropriations on the potential
cost-effectiveness  of  providing  such  coverage,
including  options  for   waiver  applications  or
changes to the  Medicaid  state plan to secure any
necessary federal approvals.
    Sec.  11.  (a)   The  Commissioner  of  Social
Services, in conjunction  with the Commissioner of
Public  Health  and  the  Insurance  Commissioner,
shall study the  feasibility  of  providing health
insurance coverage under  the  HUSKY  Plan, Part B
for  children  otherwise   ineligible   for   such
coverage who need  intensive medical treatment due
to a catastrophic medical illness or injury.
    (b)  Not  later  than  January  1,  1999,  the
Commissioner of Social  Services  shall  submit  a
report on his  findings and recommendations to the
joint standing committees  of the General Assembly
having cognizance of  matters  relating  to  human
services,   public  health   and   insurance,   in
accordance with the provisions of section 11-4a of
the general statutes.
    Sec. 12. Subsection (a) of section 1 of public
act  98-11  is   repealed  and  the  following  is
substituted in lieu thereof:
    (a)  The  Commissioner   of  Social  Services,
WITHIN AVAILABLE APPROPRIATIONS, shall establish a
food assistance program  for  individuals entering
the United States  prior  to  April 1, 1998, whose
immigrant    status    meets    the    eligibility
requirements of the  federal  Food  Stamp  Act  of
1977, as amended,  but  who are no longer eligible
for food stamps  solely  due  to  their  immigrant
status under Public  Law  104-193. Individuals who
enter the United  States after April 1, 1998, must
have resided in  the state for six months prior to
becoming  eligible  for  the  state  program.  The
commissioner  may  administer   such   program  in
accordance with the provisions of the federal food
stamp  program, except  those  pertaining  to  the
determination of immigrant status under Public Law
104-193.
    Sec. 13. (NEW)  To  the  extent  permitted  by
federal law, any  person  for  whom  there  is  an
outstanding arrest warrant for any offense that is
classified as a  felony under state or federal law
may be determined  ineligible  for  benefits under
any  program administered  by  the  Department  of
Social Services, after  due  notice and hearing in
accordance with hearing  procedures adopted by the
Commissioner of Social Services.
    Sec. 14. (NEW) (a) As used in this section:
    (1)  "Respite  care  services"  means  support
services which provide  short-term relief from the
demands of ongoing  care  for  an  individual with
Alzheimer's disease.
    (2) "Caretaker" means  a  person  who  has the
responsibility for the  care of an individual with
Alzheimer's   disease   or    has    assumed   the
responsibility for such individual voluntarily, by
contract or by  order  of  a  court  of  competent
jurisdiction.
    (3) "Copayment" means  a payment made by or on
behalf of an  individual  with Alzheimer's disease
for respite care services.
    (4)  "Individual  with   Alzheimer's  disease"
means an individual  with  Alzheimer's  disease or
related disorders.
    (b) The Commissioner  of Social Services shall
establish   a   demonstration    program,   within
available appropriations, to  provide respite care
services  for  caretakers   of   individuals  with
Alzheimer's  disease,  provided  such  individuals
with Alzheimer's disease meet the requirements set
forth in subsection  (c)  of  this  section.  Such
respite care services may include, but need not be
limited to (1)  homemaker  services; (2) adult day
care; (3) temporary  care  in  a  licensed medical
facility; (4) home-health  care;  or (5) companion
services.  Such  respite   care  services  may  be
administered  directly  by   the   department,  or
through contracts for  services  with providers of
such services, or  by  means  of direct subsidy to
caretakers of individuals with Alzheimer's disease
to purchase such services.
    (c) (1) No individual with Alzheimer's disease
may participate in  the  program  if he (A) has an
annual income of more than thirty thousand dollars
or liquid assets  of  more  than  eighty  thousand
dollars or (B) is covered by Medicaid.
    (2) No individual with Alzheimer's disease who
participates in the  program may receive more than
three thousand five  hundred  dollars for services
under the program  in  any  fiscal year or receive
more than twenty-one  days  of out-of-home respite
care services under  the  program  in  any  fiscal
year.
    (3) The commissioner may require an individual
with Alzheimer's disease  who  participates in the
program  to  pay  a  copayment  for  respite  care
services   under   the    program,    except   the
commissioner  may  waive   such   copayment   upon
demonstration  of  financial   hardship   by  such
individual.
    (d) The commissioner  shall  adopt regulations
in accordance with the provisions of chapter 54 of
the general statutes  to  implement the provisions
of this section.  Such  regulations shall include,
but need not  be  limited  to  (1)  standards  for
eligibility for respite  care  services, including
accreditation  by  the  Joint  Commission  on  the
Accreditation of Healthcare Organizations; (2) the
basis  for priority  in  receiving  services;  (3)
qualifications  and  requirements   of  providers,
which  shall  include   specialized   training  in
Alzheimer's   disease,   dementia    and   related
disorders; (4) provider  reimbursement levels; (5)
limits on services and cost of services; and (6) a
fee schedule for copayments.
    Sec. 15. Not  later  than January 1, 2000, the
Commissioner of Social  Services  shall  submit  a
report on the  demonstration  program  established
under section 14 of this act to the joint standing
and  select committees  of  the  General  Assembly
having cognizance of  matters  relating  to  human
services, public health  and  aging.  Such  report
shall analyze the  strengths  and  shortcomings of
the demonstration program  and  shall include data
on (1) the  number of individuals with Alzheimer's
disease served by  the program; (2) the number and
type of services  offered  under  the program, and
the  average  cost   per   service;  and  (3)  the
effectiveness   of   the   program   at   reducing
admissions of such  individuals  to long-term care
facilities.
    Sec. 16. Any  appropriation  to the Department
of Social Services  to implement the provisions of
section 14 of  this  act  shall  be distributed in
equal amounts to the five area agencies on aging.
    Sec.  17.  Section   17a-28   of  the  general
statutes, as amended by public act 97-104, section
25 of public  act  97-259  and section 8 of public
act  97-319, is  repealed  and  the  following  is
substituted in lieu thereof:
    (a) As used in this section:
    (1) "Person" means (A) any individual named in
a record, maintained by the department, who (i) is
presently or at  any  prior  time was a ward of or
committed to the commissioner for any reason; (ii)
otherwise   received  services,   voluntarily   or
involuntarily, from the  department;  or  (iii) is
presently or was  at any prior time the subject of
an investigation by the department; (B) the parent
of a person,  as  defined  in  subparagraph (A) of
this subdivision, if  such  person  is a minor; or
(C) the authorized  representative of a person, as
defined in subparagraph  (A)  of this subdivision,
if such person is deceased;
    (2)  "Attorney" means  the  licensed  attorney
authorized to assert  the  confidentiality  of  or
right of access to records of a person;
    (3)   "Authorized  representative"   means   a
parent, guardian, conservator  or other individual
authorized to assert  the  confidentiality  of  or
right of access to records of a person;
    (4)  "Consent"  means   permission   given  in
writing  by  a   person,   his   attorney  or  his
authorized  representative to  disclose  specified
information,  within  a   limited   time   period,
regarding the person  to  specifically  identified
individuals;
    (5)  "Records" means  information  created  or
obtained in connection with the department's child
protection activities or  activities  related to a
child  while  in   the  care  or  custody  of  the
department, including information  in the registry
of reports to  be  maintained  by the commissioner
pursuant to section 17a-101k, AS AMENDED, provided
records which are  not  created  by the department
are not subject  to disclosure, except as provided
pursuant to subsection  [(e), (k) or (m)] (f), (l)
OR (n) of this section;
    (6) "Disclose" means  (A)  to  provide an oral
summary of records maintained by the department to
an individual, agency, corporation or organization
or (B) to allow an individual, agency, corporation
or organization to review or obtain copies of such
records in whole, part or summary form;
    (7) "NEAR FATALITY" MEANS AN ACT, AS CERTIFIED
BY A PHYSICIAN,  THAT PLACES A CHILD IN SERIOUS OR
CRITICAL CONDITION.
    (b) Notwithstanding the  provisions of section
1-19, AS AMENDED,  1-19a, AS AMENDED, or 1-19b, AS
AMENDED,  records  maintained  by  the  department
shall be confidential  and shall not be disclosed.
Such records of  any person may only be disclosed,
in whole or  in  part,  to any individual, agency,
corporation or organization  with  the  consent of
the person or  as  provided  in  this section. Any
unauthorized disclosure shall  be  punishable by a
fine of not  more  than  one  thousand  dollars or
imprisonment for not more than one year, or both.
    (c) When information concerning an incident of
abuse or neglect  has been made public or when the
commissioner  reasonably believes  publication  of
such information is  likely,  the  commissioner or
his designee may  disclose,  with  respect  to  an
investigation  of  such   abuse  or  neglect:  (1)
Whether the department  has  received  a report in
accordance  with sections  17a-101a  to  17a-101c,
inclusive,  AS AMENDED,  or  section  17a-103,  AS
AMENDED, and (2)  in  general  terms,  any  action
taken by the  department,  provided names or other
individually identifiable information of the minor
victim  or  other   family  member  shall  not  be
disclosed,   notwithstanding   such   individually
identifiable information is otherwise available.
    (d) THE COMMISSIONER  SHALL  MAKE AVAILABLE TO
THE PUBLIC, WITHOUT  THE  CONSENT  OF  THE PERSON,
INFORMATION   IN   GENERAL   TERMS   OR   FINDINGS
CONCERNING AN INCIDENT  OF  ABUSE OR NEGLECT WHICH
RESULTED IN A CHILD FATALITY OR NEAR FATALITY OF A
CHILD, PROVIDED DISCLOSURE  OF SUCH INFORMATION OR
FINDINGS   DOES   NOT    JEOPARDIZE    A   PENDING
INVESTIGATION.
    [(d)] (e) The commissioner shall, upon written
request,   disclose  the   following   information
concerning agencies licensed  by the Department of
Children and Families, except foster care parents,
relatives  of  the  child  who  are  certified  to
provide  foster  care   or   prospective  adoptive
families: (1) The  name  of  the licensee; (2) the
date the original  license  was  issued;  (3)  the
current status of  the  license;  (4)  whether  an
agency investigation or  review  is pending or has
been completed; and (5) any licensing action taken
by the department  at  any  time during the period
such license was  issued  and  the reason for such
action, provided disclosure  of  such  information
will not jeopardize a pending investigation.
    [(e)] (f) The  commissioner  or  his  designee
shall, upon request,  promptly  provide  copies of
records, without the consent of a person, to (1) a
law  enforcement agency,  (2)  the  Chief  State's
Attorney or his designee or a state's attorney for
the judicial district  in  which the child resides
or in which  the alleged abuse or neglect occurred
or his designee,  for purposes of investigating or
prosecuting  an  allegation   of  child  abuse  or
neglect, (3) the attorney appointed to represent a
child in any  court  in  litigation  affecting the
best interests of  the  child,  (4)  a guardian ad
litem appointed to  represent a child in any court
in litigation affecting  the best interests of the
child, (5) the  Department of Public Health, which
licenses any person  to  care for children for the
purposes of determining suitability of such person
for licensure, (6) any state agency which licenses
such  person  to  EDUCATE  OR  care  for  children
pursuant to section  10-145b OR 17a-101j, [and] AS
AMENDED,  (7)  the  Governor,  when  requested  in
writing, in the  course  of his official functions
or   the   Legislative    Program    Review    and
Investigations  Committee, the  committee  of  the
General Assembly on judiciary and the committee of
the General Assembly  having cognizance of matters
involving children when requested in the course of
such committees' official  functions  in  writing,
and  upon  a  majority  vote  of  said  committee,
provided no names or other identifying information
shall be disclosed  unless  it is essential to the
legislative  or  gubernatorial   purpose,  [.  The
commissioner   shall   disclose    to   such   law
enforcement agency or attorney] AND (8) A LOCAL OR
REGIONAL BOARD OF  EDUCATION, PROVIDED THE RECORDS
ARE  LIMITED TO  EDUCATIONAL  RECORDS  CREATED  OR
OBTAINED  BY  THE   STATE  OR  CONNECTICUT-UNIFIED
SCHOOL  DISTRICT  #2,   ESTABLISHED   PURSUANT  TO
SECTION 17a-37. A  DISCLOSURE  UNDER  THIS SECTION
SHALL BE MADE  OF any part of a record, whether or
not  created  by   the   department,  provided  no
confidential record of the Superior Court shall be
disclosed  other  than   the   petition   and  any
affidavits filed therewith  in  the superior court
for juvenile matters,  except  upon  an order of a
judge of the  Superior Court for good cause shown.
The commissioner shall  also  disclose the name of
any   individual   who    cooperates    with    an
investigation  of  a  report  of  child  abuse  or
neglect to such  law enforcement agency or state's
attorney   for  purposes   of   investigating   or
prosecuting  an  allegation   of  child  abuse  or
neglect. The commissioner  or  his designee shall,
upon request, promptly  provide copies of records,
without the consent  of  the  person,  to  (A) the
Department of Public  Health  for  the  purpose of
determining the suitability  of  a  person to care
for children in a facility licensed under sections
19a-77 to 19a-80, inclusive, AS AMENDED, 19a-82 to
19a-87, inclusive, and  19a-87b,  AS  AMENDED, and
(B)  the  Department   of   Social   Services  for
determining the suitability  of  a  person for any
payment from the  department  for  providing child
care.
    [(f)]  (g)  When   the   commissioner  or  his
designee determines it  to  be  in a person's best
interest, the commissioner  or  his  designee  may
disclose records, whether  or  not  created by the
department  and  not   otherwise   privileged   or
confidential communications under state or federal
law, without the consent of a person to:
    (1) Multidisciplinary teams  which  are formed
to  assist  the   department   in   investigation,
evaluation or treatment of child abuse and neglect
cases   or   a   multidisciplinary   provider   of
professional  treatment  services  under  contract
with the department  for  a  child referred to the
provider;
    (2)  Any agency  in  another  state  which  is
responsible   for  investigating   or   protecting
against child abuse  or neglect for the purpose of
investigating a child abuse case;
    (3)  An  individual,  including  a  physician,
authorized pursuant to section 17a-101f to place a
child in protective custody if such individual has
before him a child whom he reasonably suspects may
be  a  victim   of   abuse  or  neglect  and  such
individual requires the information in a record in
order to determine  whether  to place the child in
protective custody;
    (4) An individual  or public or private agency
responsible for a  person's  care [and] OR custody
and authorized by the department to diagnose, care
for, treat or supervise a child who is the subject
of a record  of child abuse or neglect OR A PUBLIC
OR  PRIVATE  AGENCY  RESPONSIBLE  FOR  A  PERSON'S
EDUCATION   for   a   purpose   related   to   the
individual's or agency's responsibilities;
    (5)  The Attorney  General  or  any  assistant
attorney general providing  legal  counsel for the
department;
    (6) Individuals or  public or private agencies
engaged in medical,  psychological  or psychiatric
diagnosis or treatment  of  a  person perpetrating
the abuse or who is unwilling or unable to protect
the  child  from   abuse   or   neglect  when  the
commissioner or his  designee  determines that the
disclosure is needed  to accomplish the objectives
of diagnosis or treatment;
    (7) A person  who reports child abuse pursuant
to sections 17a-101a  to  17a-101c,  inclusive, AS
AMENDED, and section 17a-103, AS AMENDED, who made
a report of  abuse  involving  the  subject child,
provided the information  disclosed  is limited to
(A) the status  of  the  investigation  and (B) in
general terms, any action taken by the department;
    (8)  An  individual   conducting   bona   fide
research, provided no  information identifying the
subjects of records  shall be disclosed unless (A)
such information is  essential  to  the purpose of
the research; (B)  each  person  identified  in  a
record  or  his   authorized   representative  has
authorized such disclosure in writing; and (C) the
department has given written approval;
    (9) The Auditors  of  Public Accounts or their
representative,     provided    no     information
identifying the subjects  of  the records shall be
disclosed unless such  information is essential to
an audit conducted pursuant to section 2-90;
    (10)  THE  DEPARTMENT   OF   SOCIAL  SERVICES,
PROVIDED THE INFORMATION DISCLOSED IS NECESSARY TO
PROMOTE THE HEALTH,  SAFETY  AND  WELFARE  OF  THE
CHILD.
    [(g)] (h) The commissioner or his designee may
disclose the name,  address  and fees for services
to a person,  to  individuals or agencies involved
in  the collection  of  fees  for  such  services,
except as provided  in  section  17b-225. In cases
where a dispute arises over such fees or claims or
where   additional  information   is   needed   to
substantiate the fee  or claim, such disclosure of
further  information  shall   be  limited  to  the
following:  (1)  That   the  person  was  in  fact
committed   to  or   otherwise   served   by   the
department; (2) dates and duration of service; and
(3) a general  description  of  the service, which
shall include evidence that a service or treatment
plan exists and  has been carried out and evidence
to substantiate the  necessity  for  admission and
length of stay in any institution or facility.
    [(h)] (i) Notwithstanding  the  provisions  of
subsections (f) and  (l) of this section, the name
of an individual  reporting child abuse or neglect
shall not be disclosed without his written consent
except  to  (1)  an  employee  of  the  department
responsible for child  protective  services or the
abuse registry; (2) a law enforcement officer; (3)
an   appropriate   state's    attorney;   (4)   an
appropriate  assistant  attorney  general;  (5)  a
judge of the  Superior  Court  and  all  necessary
parties in a  court proceeding pursuant to section
46b-129, AS AMENDED,  or  a  criminal  prosecution
involving child abuse  or  neglect; or (6) a state
child care licensing agency, executive director of
any   institution,   school    or    facility   or
superintendent  of  schools  pursuant  to  section
17a-101i, AS AMENDED.
    [(i)] (j) Notwithstanding  the  provisions  of
subsection [(f)] (g)  of this section, the name of
any   individual   who    cooperates    with    an
investigation  of  a  report  of  child  abuse  or
neglect shall be kept confidential upon request or
upon   determination  by   the   department   that
disclosure of such  information may be detrimental
to the safety  or  interests  of  the  individual,
except the name  of  any  such individual shall be
disclosed  to the  persons  listed  in  subsection
[(h)] (i) of this section.
    [(j)] (k) Notwithstanding  the confidentiality
provisions of this section, the commissioner, upon
request  of  an   employee,  shall  disclose  such
records  to  such   employee   or  his  authorized
representative  which  would   be  applicable  and
necessary  for  the   purposes   of   an  employee
disciplinary hearing or  appeal  from  a  decision
after such hearing.
    [(k)]  (l)  Information   disclosed   from   a
person's record shall  not  be  disclosed  further
without the written  consent of the person, except
if disclosed to a party or his counsel pursuant to
an  order  of   a   court   in  which  a  criminal
prosecution or an  abuse,  neglect,  commitment or
termination  proceeding  against   the   party  is
pending. A state's  attorney shall disclose to the
defendant   or   his   counsel   in   a   criminal
prosecution,  without the  necessity  of  a  court
order,   exculpatory  information   and   material
contained in such record and may disclose, without
a court order,  information and material contained
in such record  which  could  be  the subject of a
disclosure order. All written records disclosed to
another individual or  agency  shall  bear a stamp
requiring confidentiality in  accordance  with the
provisions of this  section.  Such  material shall
not be disclosed to anyone without written consent
of the person  or  as  provided by this section. A
copy of the  consent  form  specifying to whom and
for what specific use the record is disclosed or a
statement  setting  forth   any   other  statutory
authorization for disclosure  and  the limitations
imposed thereon shall  accompany  such  record. In
cases where the  disclosure  is  made  orally, the
individual disclosing the information shall inform
the recipient that such information is governed by
the provisions of this section.
    [(l)] (m) In  addition  to the right of access
provided in section  1-19, AS AMENDED, any person,
regardless of age,  his  authorized representative
or attorney shall  have the right of access to any
records made, maintained  or  kept  on file by the
department,  whether  or   not  such  records  are
required by any  law or by any rule or regulation,
when  those  records   pertain   to   or   contain
information  or materials  concerning  the  person
seeking access thereto,  including but not limited
to records concerning  investigations, reports, or
medical, psychological or psychiatric examinations
of the person  seeking  access  thereto,  provided
that (1) information identifying an individual who
reported abuse or  neglect  of a person, including
any tape recording  of  an oral report pursuant to
section 17a-103, AS AMENDED, shall not be released
unless, upon application  to the Superior Court by
such person and  served  on  the  Commissioner  of
Children and Families,  a  judge determines, after
in camera inspection  of  relevant  records  and a
hearing, that there is reasonable cause to believe
the reporter knowingly made a false report or that
other interests of  justice  require such release;
and (2) if  the  commissioner  determines  that it
would be contrary  to  the  best  interests of the
person  or  his   authorized   representative   or
attorney to review  the  records,  he  may  refuse
access by issuing to such person or representative
or attorney a  written statement setting forth the
reasons for such  refusal,  and advise the person,
his authorized representative  or  attorney of the
right to seek  judicial  relief.  When any person,
attorney  or  authorized   representative,  having
obtained access to  any record, believes there are
factually   inaccurate   entries    or   materials
contained therein, he  shall  have the unqualified
right to add  a  statement  to  the record setting
forth what he believes to be an accurate statement
of those facts,  and said statement shall become a
permanent part of said record.
    [(m)]  (n)  (1)   Any   person,   attorney  or
authorized representative aggrieved by a violation
of subsection (b),  [(e),] (f), (g), (h), (i), (j)
or [(k)] (l)  of  this  section  or  of subsection
[(l)] (m) of  this section, except subdivision (2)
of said subsection  [(l)]  (m),  may seek judicial
relief in the  same  manner as provided in section
52-146j; (2) any  person,  attorney  or authorized
representative denied access  to  records  by  the
commissioner under subdivision  (2)  of subsection
(l) of this  section  may  petition  the  superior
court for the  venue  district provided in section
46b-142 in which  the  person resides for an order
requiring the commissioner  to  permit  access  to
those records, and the court after hearing, and an
in camera review of the records in question, shall
issue such an  order  unless it determines that to
permit such access  would  be contrary to the best
interests   of   the    person    or    authorized
representative.
    [(n)] (o) The  commissioner  shall  promulgate
regulations pursuant to  chapter  54,  within  one
year of October  1,  1996, to establish procedures
for access to and disclosure of records consistent
with the provisions of this section.
    Sec.  18.  Section  17a-101c  of  the  general
statutes, as amended  by  section 11 of public act
97-319,  is  repealed   and   the   following   is
substituted in lieu thereof:
    Within forty-eight hours  of  making  an  oral
report, a mandated reporter shall submit a written
report  to  the   Commissioner   of  Children  and
Families or his  representative.  When  a mandated
reporter is a  member  of the staff of a public or
private institution or facility that provides care
for such child  or  public  or  private  school he
shall also submit  a copy of the written report to
the person in  charge  of such institution, school
or facility or  the person's designee. In the case
of  a  report   concerning   a   certified  school
employee, a copy  of the written report shall also
be  sent  by   the   person   in  charge  of  such
institution,   school   or    facility    to   the
Commissioner of Education  or  his representative.
In the case  of  an  employee  of  a  facility  or
institution that provides  care  for a child which
is licensed by  the  state,  a copy of the written
report shall also be sent BY THE MANDATED REPORTER
to  the executive  head  of  the  state  licensing
agency.
    Sec. 19. Subsection  (b)  of section 17b-90 of
the general statutes, as amended by section 124 of
public act 97-2  of  the  June 18 special session,
section 8 of  public  act  97-7  of  the  June  18
special session and  section 19 of public act 97-8
of the June  18  special  session, 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.  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]  PUBLIC  ACT  97-2  OF  THE  JUNE 18
SPECIAL SESSION, 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;
(2)  to  any   authorized  representative  of  the
Commissioner of Children  and  Families  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; or
(3)  to  any   authorized  representative  of  the
Commissioner  of  Mental   Health   and  Addiction
Services for the purposes of the behavioral health
managed  care  program   established   by  section
17a-453, AS AMENDED.  No such representative shall
disclose any information obtained pursuant to this
section, except as  specified in this section. Any
applicant  for assistance  provided  through  said
department [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]  PUBLIC ACT 97-2 OF THE JUNE 18
SPECIAL SESSION.
    Sec. 20. Subsection  (d) of section 17b-134 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (d) A town  shall pay by check any amount owed
to  the state  pursuant  to  this  section  within
thirty days of  receipt of notice of an amount due
for longer than  six  months  OR  WITHIN  A LONGER
PERIOD OF TIME  AS  DETERMINED BY THE COMMISSIONER
OF SOCIAL SERVICES  ON  A  CASE  BY CASE BASIS. If
payment is not  received  by the state within such
thirty  days  OR   WITHIN   THE   PERIOD  OF  TIME
DETERMINED BY THE  COMMISSIONER, the [Commissioner
of Social Services]  COMMISSIONER shall notify the
Comptroller of the  amount due from a town and the
Comptroller  shall withhold  any  order  upon  the
Treasurer of any  amount  payable  by the state to
such town unless  the amount so payable is reduced
by the amount  owed to the state by such town. The
Comptroller    shall    promptly     notify    the
[Commissioner of Social  Services] COMMISSIONER of
any payment reduced  under  the provisions of this
subsection.
    Sec.  21.  Section   17b-253  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) The Department  of  Social  Services shall
seek  appropriate  amendments   to   its  Medicaid
regulations and state  plan to allow protection of
resources and income  pursuant to section 17b-252.
Such protection shall  be  provided, to the extent
approved  by the  federal  Health  Care  Financing
Administration,   for   any    purchaser    of   a
precertified long-term care  policy and shall last
for the life  of  the  purchaser.  Such protection
shall be provided  under  the  Medicaid program or
its  successor  program.   Any   purchaser   of  a
precertified  long-term  care   policy   shall  be
guaranteed coverage under  the Medicaid program or
its  successor  program,   to   the   extent   the
individual   meets  all   applicable   eligibility
requirements  for  the  Medicaid  program  or  its
successor program. Until  such time as eligibility
requirements   are   prescribed   for   Medicaid's
successor  program,  for   the  purposes  of  this
[section] SUBSECTION, the  applicable  eligibility
requirements  shall  be   the  Medicaid  program's
requirements as of  the date its successor program
was enacted. The  Department  of  Social  Services
shall  count  insurance  benefit  payments  toward
resource exclusion to the extent such payments (1)
are  for  services  paid  for  by  a  precertified
long-term care policy;  (2)  are  for the lower of
the actual charge  and  the  amount  paid  by  the
insurance company; (3)  are for nursing home care,
or formal services  delivered  to  insureds in the
community as part  of  a  care plan approved by an
access agency approved by the Office of Policy and
Management and the  Department  of Social Services
as meeting the  requirements  for  such  agency as
defined  in  regulations   adopted   pursuant   to
subsection (e) of section 17b-342; and (4) are for
services provided after  the  individual meets the
coverage requirements for  long-term care benefits
established by the  Department  of Social Services
for  this  program.  The  Commissioner  of  Social
Services shall adopt  regulations,  in  accordance
with chapter 54,  to  implement  the provisions of
this [section] SUBSECTION  and  sections  17b-251,
17b-252,   17b-254   and   38a-475   relating   to
determining   eligibility   of    applicants   for
Medicaid,  or  its   successor  program,  and  the
coverage requirements for long-term care benefits.
    (b) THE COMMISSIONER OF SOCIAL SERVICES, AFTER
CONSULTATION WITH THE  SECRETARY  OF THE OFFICE OF
POLICY AND MANAGEMENT,  MAY  ENTER INTO RECIPROCAL
AGREEMENTS  WITH  OTHER   STATES   TO  EXTEND  THE
RESOURCE  EXCLUSIONS  UNDER  SECTION  17b-252  AND
SUBSECTION (a) OF SECTION 17b-253 TO PURCHASERS OF
QUALIFIED LONG-TERM CARE INSURANCE POLICIES ISSUED
IN STATES ENTERING INTO SUCH RECIPROCAL AGREEMENTS
IF SUCH PURCHASERS  APPLY  TO THE MEDICAID PROGRAM
OR   ITS  SUCCESSOR   PROGRAM.   SUCH   RECIPROCAL
AGREEMENTS   SHALL  ALSO   ALLOW   PURCHASERS   OF
PRECERTIFIED  POLICIES UNDER  SECTION  38a-475  TO
RECEIVE A MEDICAID  RESOURCE  EXCLUSION  IN STATES
ENTERING  INTO  SUCH  RECIPROCAL  AGREEMENTS.  THE
PROVISIONS OF SUCH  RECIPROCAL AGREEMENTS SHALL BE
EFFECTIVE  FOR  THE  LIFE  OF  A  PURCHASER  OF  A
PRECERTIFIED  POLICY. FOR  THE  PURPOSES  OF  THIS
SUBSECTION,  "QUALIFIED LONG-TERM  CARE  INSURANCE
POLICY" MEANS A  LONG-TERM  CARE  INSURANCE POLICY
APPROVED THROUGH A  PROGRAM  IN ANOTHER STATE THAT
PROVIDES A MEDICAID  RESOURCE  EXCLUSION  OR ASSET
DISREGARD SUBSTANTIALLY SIMILAR  TO  THE  MEDICAID
RESOURCE   EXCLUSION  INCLUDED   IN   PRECERTIFIED
POLICIES  AND  INCLUDES   BENEFITS   SUBSTANTIALLY
SIMILAR  TO  THOSE   INCLUDED  IN  A  PRECERTIFIED
POLICY.
    Sec.  22.  Section  17b-259a  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    The Commissioner of  Social  Services  [shall]
MAY impose cost sharing requirements on recipients
of  medical assistance,  including  a  deductible,
coinsurance, copayment, or  similar  charge  up to
the maximum permitted  under 42 CFR 447.54, EXCEPT
THAT NO COPAYMENT  MAY BE IMPOSED FOR PRESCRIPTION
DRUGS. Such cost  sharing  requirements  shall  be
implemented  in  accordance  with  the  conditions
specified in [42 CFR 447.53] FEDERAL REGULATIONS.
    Sec. 23. Subsection  (a) of section 17b-266 of
the general statutes, as amended by section 112 of
public act 97-2 of the June 18 special session, 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,  AND SECTIONS 1 TO
16, INCLUSIVE, OF  PUBLIC  ACT 97-1 OF THE OCTOBER
29  SPECIAL  SESSION,   through  the  purchase  of
insurance from any organization authorized to do a
health insurance business  in  this  state OR FROM
ANY ORGANIZATION SPECIFIED  IN  SUBSECTION  (b) OF
THIS SECTION.
    Sec. 24. Section 17b-4 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) The Department  of  Social  Services shall
plan, develop, administer,  operate,  evaluate and
provide funding for  services  for individuals and
families served by  the department who are in need
of   personal   or    economic   development.   In
cooperation with other social service agencies and
organizations, including community-based agencies,
the department shall  work  to  develop  and  fund
prevention,  intervention and  treatment  services
for  individuals  and   families.  The  department
shall:  (1)  Provide   appropriate   services   to
individuals and families  as needed through direct
social work services  rendered  by  the department
and  contracted  services   from   community-based
organizations  funded  by   the   department;  (2)
collect, interpret and publish statistics relating
to  individuals  and   families  serviced  by  the
department; (3) monitor,  evaluate  and review any
program or service which is developed, operated or
funded  by  the   department;  (4)  supervise  the
establishment  of pilot  programs  funded  by  the
department in local  communities  which assist and
support individuals and  families  in personal and
economic development; (5)  improve  the quality of
services  provided, operated  and  funded  by  the
department  and increase  the  competency  of  its
staff  relative  to  the  provision  of  effective
social  services by  establishing  and  supporting
ongoing staff development  and  training;  and (6)
encourage citizen participation in the development
of social service priorities and programs.
    (b) The Department  of  Social  Services shall
study continuously the  conditions  and  needs  of
elderly  and  aging   persons  in  this  state  in
relation to nutrition,  transportation, home-care,
housing,  income, employment,  health,  recreation
and other matters.  It  shall  be  responsible  in
cooperation with federal,  state,  local  and area
planning  agencies  on   aging   for  the  overall
planning,  development  and  administration  of  a
comprehensive   and  integrated   social   service
delivery system for  elderly persons and the aged.
The department shall:  (1)  Measure  the  need for
services; (2) survey  methods of administration of
programs for service  delivery;  (3)  provide  for
periodic  evaluations  of   social  services;  (4)
maintain technical, information,  consultation and
referral services in  cooperation with other state
agencies to local  and  area  public  and  private
agencies  to  the  fullest  extent  possible;  (5)
develop   and  coordinate   educational   outreach
programs for the  purposes of informing the public
and elderly persons  of  available  programs;  (6)
cooperate  in  the   development   of  performance
standards for licensing of residential and medical
facilities with appropriate  state  agencies;  (7)
supervise the establishment, in selected areas and
local communities of  the state, of pilot programs
for elderly persons; (8) coordinate with the state
Department of Transportation  to  provide adequate
transportation services related  to  the  needs of
elderly  persons; and  (9)  cooperate  with  other
state agencies to  provide  adequate and alternate
housing for elderly  persons, including congregate
housing as defined in section 8-119e.
    (c)  THE DEPARTMENT  OF  SOCIAL  SERVICES,  IN
CONJUNCTION WITH THE  DEPARTMENT OF PUBLIC HEALTH,
MAY  ADOPT  REGULATIONS  IN  ACCORDANCE  WITH  THE
PROVISIONS OF CHAPTER 54 TO ESTABLISH REQUIREMENTS
WITH  RESPECT  TO   THE   SUBMISSION   OF  REPORTS
CONCERNING FINANCIAL SOLVENCY  AND QUALITY OF CARE
BY NURSING HOMES  FOR  THE  PURPOSE OF DETERMINING
THE FINANCIAL VIABILITY OF SUCH HOMES, IDENTIFYING
HOMES THAT APPEAR  TO  BE  EXPERIENCING  FINANCIAL
DISTRESS AND EXAMINING  THE UNDERLYING REASONS FOR
SUCH DISTRESS. SUCH  REPORTS SHALL BE SUBMITTED TO
THE  NURSING  HOME  FINANCIAL  ADVISORY  COMMITTEE
ESTABLISHED UNDER SECTION 26 OF THIS ACT.
    Sec. 25. Subdivision  (5) of subsection (f) of
section  17b-340  of   the  general  statutes,  as
amended by section  50  of public act 97-11 of the
June  18 special  session,  is  repealed  and  the
following is substituted in lieu thereof:
    (5) For the  purpose  of determining allowable
fair rent, a  facility  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, provided for the fiscal years
ending June 30,  1996,  and  June  30,  1997,  the
reimbursement  may  not  exceed  the  twenty-fifth
percentile of the  state-wide  allowable fair rent
for the fiscal  year  ending June 30, 1995. ON AND
AFTER JULY 1,  1998,  THE  COMMISSIONER  OF SOCIAL
SERVICES MAY ALLOW  MINIMUM FAIR RENT AS THE BASIS
UPON   WHICH   REIMBURSEMENT    ASSOCIATED    WITH
IMPROVEMENTS TO REAL  PROPERTY IS ADDED. Beginning
with the fiscal  year  ending  June  30, 1996, any
facility with a  rate  of  return on real property
other than land in excess of eleven per cent shall
have such allowance  revised  to  eleven per cent.
Any facility or its related realty affiliate which
finances or refinances  debt  through bonds issued
by the State  of  Connecticut Health and Education
Facilities Authority shall  report  the  terms and
conditions of such financing or refinancing to the
Commissioner of Social Services within thirty days
of completing such  financing  or refinancing. The
Commissioner of Social  Services  may  revise  the
facility's fair rent  component  of  its  rate  to
reflect any financial  benefit the facility or its
related realty affiliate  received  as a result of
such financing or  refinancing,  including but not
limited  to, reductions  in  the  amount  of  debt
service payments or  period of debt repayment. The
commissioner shall allow actual debt service costs
for  bonds issued  by  the  State  of  Connecticut
Health  and Educational  Facilities  Authority  if
such costs do  not  exceed  property costs allowed
pursuant to subsection (f) of section 17-311-52 of
the  regulations of  Connecticut  state  agencies,
provided the commissioner  may  allow  higher debt
service costs for  such  bonds for good cause. For
facilities which first open on or after October 1,
1992, the commissioner  shall  determine allowable
fair rent for  real property other than land based
on the rate  of  return for the cost year in which
such  bonds were  issued.  The  financial  benefit
resulting from a facility financing or refinancing
debt through such  bonds  shall  be shared between
the state and the facility to an extent determined
by the commissioner  on  a  case-by-case basis and
shall  be  reflected   in  an  adjustment  to  the
facility's allowable fair rent.
    Sec. 26. (NEW)  (a)  There  is  established  a
Nursing  Home  Financial   Advisory  Committee  to
examine the financial solvency of nursing homes on
an ongoing basis and to support the Departments of
Social Services and Public Health in their mission
to provide oversight  to the nursing home industry
which  promotes  the  financial  solvency  of  and
quality of care  provided  by  nursing  homes. The
committee  shall consist  of  seven  members:  The
Commissioner of Social  Services, or his designee;
the  Commissioner  of   Public   Health,   or  his
designee; the Secretary  of  the  Office of Policy
and Management, or  his  designee; the director of
the Office of  Fiscal  Analysis,  or his designee;
the executive director  of  the Connecticut Health
and  Education  Facilities   Authority,   or   his
designee;  and  one  representative  of  nonprofit
nursing homes and one representative of for-profit
nursing homes appointed by the Governor.
    (b) The Commissioner  of  Social  Services and
the Commissioner of  Public  Health  shall  be the
chairpersons of the  committee.  Any vacancy shall
be filled by the appointing authority.
    (c) The committee,  upon  receipt  of a report
relative to the  financial solvency of and quality
of care provided  by  nursing  homes in the state,
shall recommend appropriate  action  for improving
the financial condition  of  any nursing home that
is in financial  distress  to  the Commissioner of
Social Services.
    (d)  Not  later  than  January  1,  1999,  and
annually thereafter, the  committee shall submit a
report on its  activities  to  the  joint standing
committees   of  the   General   Assembly   having
cognizance of matters  relating  to human services
and public health  and  to the select committee of
the General Assembly  having cognizance of matters
relating  to  aging,   in   accordance   with  the
provisions  of  section   11-4a   of  the  general
statutes.
    Sec. 27. Section  1  of  public  act 98-175 is
repealed and the  following is substituted in lieu
thereof:
    (a) There shall  be  established  a  long-term
care  planning  committee   for   the  purpose  of
exchanging information on  long-term  care issues,
coordinating policy development and establishing a
long-term care plan for elderly persons. Such plan
shall  integrate  the   three   components   of  a
long-term   care   system   including   home   and
community-based   services,   supportive   housing
arrangements  and nursing  facilities.  Such  plan
shall include: (1)  A vision and mission statement
for  a long-term  care  system;  (2)  the  current
number of elderly  persons receiving services; (3)
demographic  data concerning  elderly  persons  by
service type; (4)  the  current  aggregate cost of
such system of  services;  (5) forecasts of future
demand for services;  (6)  the  type  of  services
available and the  amount  of  funds  necessary to
meet the demand;  (7) projected costs for programs
associated with such  system;  (8)  strategies  to
promote  the  Partnership   for   Long-term   Care
Program;  (9) resources  necessary  to  accomplish
goals  for  the   future;   (10)  funding  sources
available;  and  (11)  the  number  and  types  of
providers needed to  deliver  services.  The  plan
shall address how changes in one component of such
long-term care system  impact  other components of
such system.
    (b)  THE  LONG-TERM  CARE  PLANNING  COMMITTEE
SHALL,  WITHIN  AVAILABLE   APPROPRIATIONS,  STUDY
ISSUES RELATIVE TO  LONG-TERM  CARE INCLUDING, BUT
NOT LIMITED TO,  THE  CASE-MIX  SYSTEM OF MEDICAID
REIMBURSEMENT,  COMMUNITY-BASED  SERVICE  OPTIONS,
ACCESS TO LONG-TERM CARE AND GERIATRIC PSYCHIATRIC
SERVICES.
    [(b)]   (c)  The   long-term   care   planning
committee shall consist  of:  (1) The chairpersons
and ranking members  of  the  joint  standing  and
select committees of  the  General Assembly having
cognizance of matters  relating to human services,
public  health,  elderly  services  and  long-term
care; (2) the  Commissioner of Social Services, or
his designee; (3)  one  member  of  the  Office of
Policy and Management  appointed  by the Secretary
of the Office  of  Policy  and Management; (4) one
member  from the  Department  of  Social  Services
appointed by the  Commissioner of Social Services;
(5)  one member  from  the  Department  of  Public
Health appointed by  the  Commissioner  of  Public
Health; (6) one  member  from  the  Department  of
Economic and Community  Development  appointed  by
the  Commissioner  of   Economic   and   Community
Development; and (7) one member from the Office of
Health Care Access  appointed  by the Commissioner
of Health Care Access. The committee shall convene
no later than ninety days after the effective date
of [this act] PUBLIC ACT 98-175. Any vacancy shall
be  filled  by   the   appointing  authority.  The
chairperson  shall  be   elected  from  among  the
members of the committee. THE COMMITTEE SHALL SEEK
THE  ADVICE  AND   PARTICIPATION  OF  ANY  PERSON,
ORGANIZATION OR STATE  OR  FEDERAL AGENCY IT DEEMS
NECESSARY TO CARRY  OUT  THE  PROVISIONS  OF  THIS
SECTION.
    [(c)] (d) Not  later than January 1, 1999, and
biennially thereafter, the long-term care planning
committee,  shall submit  a  long-term  care  plan
pursuant to subsection  (a) of this section to the
joint  standing  and   select  committees  of  the
General  Assembly  having  cognizance  of  matters
relating to human services, public health, elderly
services and long-term  care,  in  accordance with
the provisions of  section  11-4a  of  the general
statutes.
    Sec.  28.  (a)  Any  study  conducted  by  the
long-term  care  planning   committee  established
under public act  98-175, as amended by section 27
of  this act,  concerning  the  application  of  a
case-mix  system of  Medicaid  reimbursement  with
quality  indicators  for   services   provided  by
nursing homes shall  be undertaken with the advice
of the Departments  of  Social Services and Public
Health and the  joint  standing  committees of the
General  Assembly  having  cognizance  of  matters
relating to human  services  and public health and
the  select  committee  of  the  General  Assembly
having cognizance of  matters  relating  to aging.
The  committee shall  review  the  feasibility  of
implementing such case-mix  system  in this state.
In conducting such  review,  the  committee  shall
consider the effect  of  a  case-mix  system  upon
access,  administrative  complexity  and  cost  of
implementing such system,  quality of care, levels
of  care,  including  the  physical,  medical  and
mental status of  residents  of  nursing homes and
cost equity for  nursing  homes and shall evaluate
systems operating in  other  states,  identify the
successes and failures  of  those  systems and the
effect of case-mix  systems on wages and benefits.
Such study may  specify  a  range  of options with
respect to the  design  of a case-mix system which
shall  include  an  assessment  of  the  potential
fiscal impact on  the  Medicaid  program  and  the
administration thereof. Upon the completion of any
such study, the committee shall submit a report on
its  findings and  recommendations  to  the  joint
standing committees of the General Assembly having
cognizance of matters  relating  to human services
and public health  and  to the select committee of
the General Assembly  having cognizance of matters
relating  to  aging,   in   accordance   with  the
provisions  of  section   11-4a   of  the  general
statutes.
    (b) Any study  conducted by the long-term care
planning   committee  evaluating   community-based
service options for  long-term care shall include,
but not be  limited  to, assisted living services,
residential care homes  and adult day care centers
and shall be  conducted  in  conjunction  with the
Department of Economic  and Community Development,
the Connecticut Housing  Finance Authority and the
United  States Department  of  Housing  and  Urban
Development. The committee  may  develop a plan to
provide services that  enable  elderly  persons to
remain in affordable  housing. Any study conducted
by the committee  examining the funding and design
of geriatric psychiatric  services  shall  include
those   services  provided   in   specialty   care
facilities, and the  adequacy of training programs
for long-term care  employees  who provide care to
individuals who exhibit  behavioral symptoms. Upon
the completion of  any  such  study, the committee
shall  submit  a   report   on  its  findings  and
recommendations to the  joint  standing committees
of  the  General  Assembly  having  cognizance  of
matters  relating to  human  services  and  public
health and to  the select committee of the General
Assembly having cognizance  of matters relating to
aging,  in  accordance   with  the  provisions  of
section 11-4a of the general statutes.
    (c) Any study  conducted by the long-term care
planning committee on  access  to  long-term  care
shall include an  examination  of the difficulties
individuals face in  obtaining access to long-term
care: (1) In  the  various geographic areas of the
state; (2) due  to  their payment sources; (3) due
to their medical  diagnoses;  (4)  when  they only
require  long-term  care;   and  (5)  due  to  the
designation of special care or subacute units. The
study shall also  assess the need for nursing home
beds, the demand  for  use  of  such  beds and the
demand  for assisted  living  services  and  other
types  of  long-term  care.  The  committee  shall
utilize existing data  base  systems to the extent
feasible  to  avoid   duplication   and   maximize
efficient use of  resources  and  may  establish a
central data base  of  waiting  lists  for nursing
homes. If the  study  reveals difficulties in such
access, the committee shall examine the effects of
statutory and regulatory  provisions pertaining to
access to long-term  care.  Upon the completion of
any  such study,  the  committee  shall  submit  a
report  on its  findings  to  the  joint  standing
committees   of  the   General   Assembly   having
cognizance of matters  relating  to human services
and public health  and  to the select committee of
the General Assembly  having cognizance of matters
relating  to  aging,   in   accordance   with  the
provisions  of  section   11-4a   of  the  general
statutes.
    Sec. 29. (NEW)  (a)  There  is  established  a
Long-Term  Care  Advisory   Council   which  shall
consist  of  the   following:  (1)  The  Executive
Director  of  the  Commission  on  Aging,  or  his
designee; (2) the State Nursing Home Ombudsman, or
his designee; (3)  the  president of the Coalition
of  Presidents  of   Resident   Councils,  or  his
designee; (4) the  Executive Director of the Legal
Assistance Resource Center  of Connecticut, or his
designee;   (5)   one    representative   of   the
Connecticut Chapter of the American Association of
Retired Persons, appointed  by  the  president  of
said  chapter;  (6)   one   representative   of  a
bargaining  unit  for   health   care   employees,
appointed  by the  president  of  such  bargaining
unit;  (7)  the   President   of  the  Connecticut
Association of Not-For-Profit  Providers  For  The
Aging, or his  designee;  (8) the President of the
Connecticut Association of Health Care Facilities,
or his designee;  and  (9)  the  President  of the
Connecticut Association of  Licensed Homes For the
Aged, or his designee.
    (b)  The  council   shall   advise   and  make
recommendations  to the  long-term  care  planning
committee established under  public act 98-175, as
amended by section 27 of this act.
    Sec. 30. Subsection (c) of section 2 of public
act  97-259  is  repealed  and  the  following  is
substituted in lieu thereof:
    (c)   The  Commissioner   of   Education,   in
consultation  with  the   Commissioner  of  Social
Services,  shall  establish  a  grant  program  to
provide spaces in  accredited  or  approved school
readiness programs for  eligible  children and who
reside in priority  school  districts  pursuant to
section  10-266p. Under  the  program,  the  grant
shall  be  provided,   in   accordance  with  this
section, to the town in which such priority school
district   is  located.   Eligibility   shall   be
determined for a  five-year  period  based  on  an
applicant's  designation  as   a  priority  school
district  for the  initial  year  of  application.
Grant awards shall  be  made  annually  contingent
upon available funding  and  a satisfactory annual
evaluation. The chief  elected  official  of  such
town and the  superintendent  of  schools for such
priority school district  shall  submit a plan for
the expenditure of  grant  funds  and responses to
the local request  for  proposal  process  to  the
Departments of Education  and Social Services. The
departments shall jointly  review  such  plans and
shall each approve the portion of such plan within
its jurisdiction for  funding. The plan shall: (1)
Be developed in consultation with the local school
readiness council established  pursuant to section
4 of [this act] PUBLIC ACT 97-259; (2) be based on
a needs and  resource  assessment; (3) provide for
the  issuance  of   requests   for  proposals  for
providers  of  accredited   or   approved   school
readiness programs, PROVIDED,  AFTER  THE  INITIAL
REQUESTS  FOR PROPOSALS,  FACILITIES  APPROVED  TO
OPERATE A CHILD  CARE PROGRAM FINANCED THROUGH THE
CONNECTICUT   HEALTH  AND   EDUCATION   FACILITIES
AUTHORITY AND WHO  HAVE  RECEIVED A COMMITMENT FOR
DEBT  SERVICE  FROM   THE   DEPARTMENT  OF  SOCIAL
SERVICES PURSUANT TO  SECTION  29  OF  PUBLIC  ACT
97-259,  ARE  EXEMPT   FROM  THE  REQUIREMENT  FOR
ISSUANCE OF ANNUAL REQUESTS FOR PROPOSALS; and (4)
identify the need  for funding pursuant to section
17b-749a, AS AMENDED, in order to extend the hours
and days of operation of school readiness programs
in order to  provide  child  day care services for
children attending such programs.
    Sec. 31. Section 125 of public act 97-2 of the
June  18  special  session  is  repealed  and  the
following is substituted in lieu thereof:
    The  Department  of   Social   Services  shall
disclose the current  address  of [a] AN APPLICANT
OR 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]  BENEFITS  UNDER  ANY
PROGRAM  ADMINISTERED BY  THE  DEPARTMENT,  UNLESS
PROHIBITED 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 AS A RESULT OF THE COMMISSION OF SUCH A FELONY
OR HIGH MISDEMEANOR,  or  (B)  the  recipient  has
information necessary for  such officer to conduct
official duties IN  RELATION  TO A CRIME COMMITTED
OR AN ATTEMPT  TO COMMIT A CRIME WHICH IS A FELONY
OR HIGH MISDEMEANOR  IN  THE  STATE  IN  WHICH THE
CRIME IS COMMITTED OR ATTEMPTED; and
    (3)  The  location   or  apprehension  of  the
recipient  is  within   official  duties  of  such
officer.
    Sec.  32.  Up   to   $40,000   of  the  amount
appropriated  to the  Commission  on  Children  in
section 1 of  special act 97-21 shall not lapse on
June 30, 1998, and such funds shall continue to be
available for expenditure  during  the fiscal year
ending June 30, 1999.
    Sec. 33. (a)  Up  to  $1,400,000 of the amount
appropriated to the  Department of Social Services
in section 1  of  special  act  97-21  for  School
Readiness shall not  lapse  on  June 30, 1998, and
such funds shall  continue  to  be  available  for
expenditure for such  purpose  during  the  fiscal
year ending June 30, 1999.
    (b)  Up  to  $400,000  of  the  funds  carried
forward in subsection (c) of section 27 of special
act  98-6 shall  be  available  for  transitioning
services between Community Action agencies.
    Sec.   34.   (a)   The   sum   of   $2,000,000
appropriated to the Department of Social Services,
for the fiscal  year  ending  June  30,  1999, for
Child   Care   Services-TANF/CCDBG,    shall    be
transferred to the appropriation to the Department
of Social Services for School Readiness.
    (b) The sum  of $2,000,000 appropriated to the
Department of Social Services, for the fiscal year
ending   June   30,    1999,    for   Child   Care
Services-TANF/CCDBG, shall be  transferred  to the
Department  of  Education,   for  Early  Childhood
Program.
    Sec. 35. This  act  shall take effect from its
passage, except that  sections  3,  4,  7  to  10,
inclusive, 12, 14  to 16, inclusive, 20, 22, 24 to
29, inclusive, and 32 to 34, inclusive, shall take
effect July 1,  1998, and sections 5, 6, 17 and 18
shall take effect  October 1, 1998, and section 30
shall be applicable to all grants submitted on and
after July 1, 1997.

Approved June 8, 1998