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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