House Bill No. 5648
               House Bill No. 5648

              PUBLIC ACT NO. 98-250


AN ACT CONCERNING  EXPENDITURES FOR AND CHANGES TO
PROGRAMS AND SERVICES OF THE DEPARTMENTS OF PUBLIC
HEALTH,  MENTAL  RETARDATION,  MENTAL  HEALTH  AND
ADDICTION  SERVICES, SOCIAL  SERVICES,  EDUCATION,
THE BOARD OF  TRUSTEES  OF  THE  CONNECTICUT STATE
UNIVERSITY  SYSTEM  AND  THE  CONNECTICUT  LOTTERY
CORPORATION.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section 1. Section  20-102cc  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  The Department  of  Public  Health  shall
receive,  investigate,  and  prosecute  complaints
against  individuals who  are  providing  or  have
provided services as  a  nurse's aide in a chronic
and convalescent nursing  home  or  rest home with
nursing  supervision. The  grounds  for  complaint
shall include resident  abuse,  resident  neglect,
misappropriation of resident  property,  and fraud
or deceit in  obtaining  or attempting to obtain a
registration as a  nurse's  aide.  A  nurse's aide
shall be given written notice by certified mail by
the commissioner of any complaint against him. The
nurse's aide may,  within  thirty days of the date
of the notice,  make  a  request  in writing for a
hearing to contest the complaint. The commissioner
shall render a  finding on such complaint, and, if
a hearing is  requested,  it  shall  be  conducted
pursuant to chapter  54.  The  commissioner  shall
have the authority  to  render a finding and enter
such finding on the registry against an individual
who is providing  or  has  provided  services as a
nurse's aide in a chronic and convalescent nursing
home  or  rest   home  with  nursing  supervision,
without regard to  whether  such  individual is on
the registry or  has  obtained  registration  as a
nurse's aide from the department.
    (b) IN THE  CASE  OF  A  FINDING  OF  RESIDENT
NEGLECT MADE AFTER  JANUARY  1,  1995, PURSUANT TO
SUBSECTION (a) OF THIS SECTION, A NURSE'S AIDE MAY
PETITION  THE COMMISSIONER  TO  HAVE  THE  FINDING
REMOVED FROM THE  REGISTRY UPON A DETERMINATION BY
THE  COMMISSIONER THAT:  (1)  THE  EMPLOYMENT  AND
PERSONAL HISTORY OF  THE  NURSE'S  AIDE  DOES  NOT
REFLECT A PATTERN  OF ABUSIVE BEHAVIOR OR NEGLECT;
AND  (2) THE  NEGLECT  INVOLVED  IN  THE  ORIGINAL
FINDING WAS A  SINGULAR  OCCURRENCE.  IN  NO  CASE
SHALL  A DETERMINATION  ON  A  PETITION  SUBMITTED
UNDER  THIS  SUBSECTION   BE  MADE  PRIOR  TO  THE
EXPIRATION OF A  ONE-YEAR  PERIOD BEGINNING ON THE
DATE  ON  WHICH  THE  FINDING  WAS  ADDED  TO  THE
REGISTRY  PURSUANT  TO   SUBSECTION  (a)  OF  THIS
SECTION.
    Sec.  2.  Section   45a-681   of  the  general
statutes, as amended  by  section 20 of public act
96-170,  is  repealed   and   the   following   is
substituted in lieu thereof:
    (a) The court  shall  review each guardianship
of  the  mentally   retarded   person  or  limited
guardianship of the  mentally  retarded  person at
least every three years and shall either continue,
modify or terminate  the  order  for guardianship.
The  court  shall   receive   and  review  written
evidence as to  the  condition  of  the  ward. The
guardian,  the  attorney   for   the  ward  and  a
Department of Mental  Retardation PROFESSIONAL OR,
IF REQUESTED BY  THE  WARD  OR  BY  THE  COURT, AN
assessment team appointed  by  the Commissioner of
Mental  Retardation or  his  designee  shall  each
submit  a  written  report  to  the  court  within
forty-five days of  the  court's  request for such
report. If the ward is unable to request or obtain
an attorney, the  court  shall appoint an attorney
for the ward. If the ward is unable to pay for the
services   of   the   attorney,   the   reasonable
compensation of such attorney shall be established
by,  and paid  from  funds  appropriated  to,  the
Judicial Department; [,]  however,  if  funds have
not been included  in  the  budget of the Judicial
Department for such  purposes,  such  compensation
shall  be  established   by   the   Probate  Court
Administrator  and paid  from  the  Probate  Court
Administration  Fund.  The  Department  of  Mental
Retardation PROFESSIONAL OR  assessment team shall
personally observe or  examine the ward within the
forty-five-day  period  preceding   the   date  of
submission of its report.
    (b) If the  court determines, after receipt of
the reports from  the  attorney  for the ward, the
Department of Mental  Retardation  PROFESSIONAL OR
assessment team and  the  guardian, that there has
been no change  in the condition of the ward since
the last preceding  review by the court, a hearing
on  the  condition   of  the  ward  shall  not  be
required, but the  court,  in  its discretion, may
hold such hearing.  If  the attorney for the ward,
the Department of  Mental Retardation PROFESSIONAL
OR assessment team  or  the  guardian  requests  a
hearing, the court  shall  hold  a  hearing within
thirty days of such request. No order expanding or
reducing  the powers  and  responsibilities  of  a
guardian shall be  issued  unless  such hearing is
held.
    Sec. 3. Subsection  (d)  of section 45a-677 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (d) The court may assign to a limited guardian
the  custody  of  the  ward  for  the  purpose  of
exercising any, but  not  all,  of  the  following
limited duties and  powers, in order to assist the
ward in achieving self-reliance: (1) To assure and
consent to a  place  of  abode  [within a facility
operated or licensed  by  the Department of Mental
Retardation, (2) to  assure and consent to a place
of abode with a privately or commercially operated
facility not licensed  by the Department of Mental
Retardation, (3)] OUTSIDE THE NATURAL FAMILY HOME,
(2)   to   consent    to   specifically   designed
[habilitative  and]  educational,   VOCATIONAL  OR
BEHAVIORAL programs, [(4)]  (3)  to consent to the
release of clinical  records  and photographs, [of
the ward, (5)  to consent to specifically designed
behavioral  intervention  programs,  (6)]  (4)  to
assure and consent  to  routine medical and dental
care, [(7) to  assure  and consent to elective and
emergency medical and  dental  care, including the
use of anesthesia,  (8)]  AND  (5)  other specific
limited powers to  assure  and consent to services
necessary to develop  or  regain  to  the  maximum
extent  possible  the   ward's  capacity  to  meet
essential requirements. All  plenary  and  limited
guardians appointed pursuant  to  sections 45a-668
to 45a-684, inclusive,  shall  also have a duty to
assure the care and comfort of the ward within the
limitations of their  appointment,  and within the
limitations of the resources available to the ward
either through his  own  estate  or  by  reason of
private or public assistance.
    Sec.  4.  The   unexpended  balance  of  funds
appropriated  to  the   Office   of   Policy   and
Management in section  1 of special act 97-21, for
private providers, 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.  Such  funds, and the funds
appropriated  to  the   Office   of   Policy   and
Management in section  11 of special act 97-21, as
amended  by substitute  house  bill  5021  of  the
current session, shall  be  used for the following
purposes:
    (1) Up to  $10,260,000 shall be distributed to
provide up to a 2.1 per cent inflationary increase
to  private  providers   funded   through  certain
grants, and portions of grants appropriated to the
Departments of Mental  Retardation,  Mental Health
and Addiction Services  and Children and Families.
The private providers  receiving  such funds under
this act shall  apply  at  least  a  proportionate
amount of the  increase  to  wage and wage-related
accounts. The Departments  of  Mental Retardation,
Mental Health and  Addiction Services and Children
and Families shall  monitor their grants to ensure
that  the  distributions   of   the   inflationary
increases were made proportionately. The following
is  a  list   of   the   accounts   receiving  the
inflationary   increase:  Department   of   Mental
Retardation-Pilot  Programs for  Client  Services,
Employment Opportunities and  Day Services, Family
Placements,   Emergency   Placements,    Community
Residential  Services,  less   Community  Training
Homes and Room  and  Board;  Department  of Mental
Health  and Addiction  Services,  Corporation  for
Supportive Housing, Managed  Service System, Legal
Services,   Regional  Action   Councils,   General
Assistance Managed Care, Substance Abuse Treatment
Programs,  Eastern Region,  Grants  for  Substance
Abuse Services, Grants  for  Vocational  Services,
Grants  for  Mental  Health  Services,  Employment
Opportunities;   Department   of    Children   and
Families,  Grants  for   Psychiatric  Clinics  for
Children,  Day  Treatment  Centers  for  Children,
Treatment and Prevention of Child Abuse, Community
Emergency Services, Community Preventive Services,
Aftercare for Children,  Family Violence Services,
Health and Community Services, Family Preservation
Services, Substance Abuse Treatment, Child Welfare
Support   Services,   Juvenile   Case   Management
Collaborative,     Board     and      Care     for
Children-Residential. Any remaining  funds  may be
used for purposes  outlined  in subdivision (3) of
this section.
    (2)  In  the   case   of   Intermediate   Care
Facilities for the Mentally Retarded funded by the
Department of Social  Services,  the  commissioner
shall,  within  available  appropriations,  adjust
rate-setting  provisions to  allow  for  wage  and
wage-related cost increases  comparable  to  those
provided in subdivision (1) of this section.
    (3) Up to  $1,600,000  shall be distributed to
the   departments   and   accounts   outlined   in
subdivision (1) of this section, as well as to the
Department  of Social  Services  for  Intermediate
Care Facilities for  the  Mentally  Retarded. Such
funding shall be  used  by  said  departments  for
supplemental payments to private provider agencies
to  meet  the   additional   costs,   beyond   the
inflationary   increase  applied   to   wage   and
wage-related costs as  provided in subdivision (1)
of this section  and  in  the case of Intermediate
Care Facilities for  the  Mentally Retarded ICF/MR
for wage and wage-related cost increases in excess
of amounts appropriated  to  the  Medicaid account
for  purposes of  rate  increases  to  ICF/MR,  of
collective bargaining agreements  incurred  to the
fiscal year ending  June  30, 1999, but negotiated
prior to July  1,  1998,  and  for  a proportional
increase in personnel costs nonunionized employees
of such agencies,  up  to  an  additional  .75 per
cent. Such private  provider agencies must request
from the appropriate  state  agency  such addition
wage and wage-relate  costs  to be incurred before
September 1, 1998.  If  the  funds  provided under
this subsection are insufficient to meet the total
amounts requested for  supplemental increases, the
available  funds  shall  be  prorated  across  all
private  providers  seeking  supplemental  funding
under this subsection.  All  costs claimed in this
subdivision shall be  documented by fully executed
collective bargaining agreements.
    (4) Up to  $2,100,000  shall be distributed to
the   departments   and   accounts   outlined   in
subdivision  (1) of  this  section.  Such  funding
shall be used  by  said departments to provide for
supplemental payments, up to an additional .75 per
cent, to nonunionized private provider agencies to
meet the additional  wage  and wage-related costs,
beyond the inflationary  increase  applied to wage
and wage-related costs  as provided in subdivision
(1) of this section, that will be incurred for the
fiscal year ending  June  30,  1999.  Such private
provider   agencies   shall   request   from   the
appropriate state agency  such additional wage and
wage-related costs expected  to be incurred before
September 1, 1998. Any remaining funds may be used
for the purposes  outlined  in  subdivision (3) of
this section. In  the  case  of  Intermediate Care
Facilities for the Mentally Retarded funded by the
Department of Social  Services,  private  provider
agencies may request from the Department of Social
Services,  within  available   appropriations,  an
additional .75 per cent beyond the amount provided
in   subdivision  (2)   of   this   section,   for
supplemental payments described in this section.
    (5) Up to $300,000 shall be distributed to the
Department of Mental  Retardation for inflationary
increases to contractors providing direct services
under   the  Early   Intervention   account.   Any
remaining  funds may  be  used  for  the  purposes
outlined in subdivision (3) of this section.
    Sec. 5. Subsection  (a) of section 17a-248b of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) The lead  agency  shall  establish a State
Interagency  Birth-to-Three  Coordinating  Council
and  shall  provide  staff  assistance  and  other
resources  to  such  council.  The  council  shall
consist  of  [up  to  twenty-five]  THE  FOLLOWING
members, appointed by  the  Governor:  [as follows
(1)  Five] (1)  SIX  parents,  including  minority
parents,  of  children  with  disabilities  twelve
years of age  or  younger,  with  knowledge of, or
experience with, programs  for children from birth
to thirty-six months  of age with disabilities, at
least one of whom shall be a parent of a child six
years of age  or  younger,  with a disability; (2)
two members of the General Assembly at the time of
their appointment, one of whom shall be designated
by the speaker of the House of Representatives and
one of whom  shall  be designated by the president
pro tempore of the Senate; (3) one person involved
in the training  of  personnel  who  provide early
intervention services; (4)  one  person  who  is a
member of the  American Academy of Pediatrics; (5)
one person from  each  of  the participating state
agencies,  who  shall   be   designated   by   the
commissioner or executive  director  of the agency
and  who  have   authority  to  engage  in  policy
planning  and  implementation  on  behalf  of  the
agency; [and] (6) five approved providers of early
intervention services; AND (7) A REPRESENTATIVE OF
A HEAD START PROGRAM OR AGENCY. The Governor shall
designate the chairperson of the council who shall
not be the designee of the lead agency.
    Sec.  6.  Section   10a-132b  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  There  is  established  a  birth  defects
surveillance program, WITHIN  AVAILABLE  FUNDS, in
the [Division of Epidemiology of the Department of
Community   Medicine   at    The   University   of
Connecticut  School  of  Medicine]  DEPARTMENT  OF
PUBLIC  HEALTH.  The  program  shall  monitor  the
frequency, distribution and  type of birth defects
occurring in Connecticut  on  an annual basis. The
[program  shall  operate   under   a   contractual
agreement with the  Department  of  Public Health.
The   director   of   the   program,   under   the
administrative supervision of the] Commissioner of
Public Health [,] shall establish a system for the
collection of information concerning birth defects
and  other  adverse   reproductive   outcomes.  In
establishing    the   system,    the    [director]
COMMISSIONER  may  have   access   to  identifying
information in hospital discharge records. [and in
records of the  Department of Public Health.] Such
identifying information shall  be  used solely for
purposes   of   the    program.   The   [director]
COMMISSIONER  may  require   general   acute  care
hospitals to make available to the [program staff]
DEPARTMENT  the  medical   records   of   patients
diagnosed  with birth  defects  or  other  adverse
reproductive  outcomes [,]  for  the  purposes  of
research and verification  of  data. Management of
personal data shall  be in accordance with chapter
55.
    (b) The [director,  under  the  supervision of
the Commissioner of  Public  Health,] COMMISSIONER
shall use the  information  collected  pursuant to
this section and  information available from other
sources to conduct  routine  analyses to determine
associations that may  be  related  to preventable
causes  of birth  defects.  [Program  staff  shall
cooperate  with investigations  conducted  by  the
Commissioner of Public  Health  into the causes of
birth  defects  and   in   department  studies  to
determine proper responses to the needs of infants
and children with birth defects.
    (c) The director  shall issue an annual report
to  the  commissioner  containing:  (1)  Incidence
rates  of  birth   defects;   (2)   analysis   and
interpretation of trends;  (3)  reports of program
activity; and (4)  reports of special projects and
research activity. The director shall also issue a
report of program  activities  to the commissioner
at the midpoint of the program's fiscal year.]
    [(d)] (c) The  [director]  COMMISSIONER  shall
appoint    an   advisory    committee    on    the
implementation of the  birth  defects surveillance
program. Each of  the disciplines of epidemiology,
hospital  administration, biostatistics,  maternal
and child health, planning and public health shall
be represented on the committee.
    Sec.  7.  Section   10a-132d  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  All information  collected  and  analyzed
pursuant to section  10a-132b,  AS AMENDED BY THIS
ACT, shall be confidential insofar as the identity
of the individual  patient  is concerned and shall
be used solely  for the purposes of the program in
accordance with section  19a-25.  Access  to  such
information shall be  limited to the Department of
Public Health [and  program  staff,]  and  persons
with    a   valid    scientific    interest    and
qualifications as determined  by  the Commissioner
of Public Health,  provided  [such] THE department
[and program staff]  and  such persons are engaged
in  demographic, epidemiologic  or  other  similar
studies related to  health  and agree, in writing,
to maintain confidentiality  as prescribed in this
section.
    (b) The [director  of the defects surveillance
program]  COMMISSIONER  shall   prepare   detailed
policies    and   procedures    for    maintaining
confidentiality [and shall  submit such procedures
to the Commissioner  of  Public  Health for review
and approval] OF PROGRAM INFORMATION.
    (c) The [birth  defects  surveillance program,
under the supervision  of  the]  commissioner  [,]
shall maintain an  accurate  record of all persons
who are given  access  to  the  information in the
system. The record shall include: The [name of the
person  authorizing  access;]   name,   title  and
organizational   affiliation  of   persons   given
access; dates of  access; and the specific purpose
for which information is to be used. The record of
access shall be  open  to public inspection during
the  [program's]  DEPARTMENT'S   normal  operating
hours.
    (d)  All research  proposed  to  be  conducted
using  identifying  information   in   the  system
established  pursuant  to   section  10a-132b,  AS
AMENDED BY THIS  ACT,  or  requiring  contact with
affected  individuals  shall   be   reviewed   and
approved in advance by the [Commissioner of Public
Health] COMMISSIONER.
    (e) Nothing in this section shall prohibit the
[birth defects surveillance  program] COMMISSIONER
from publishing statistical  compilations relating
to birth defects  or  other  adverse  reproductive
outcomes  which  do   not   in  any  way  identify
individual   cases  or   individual   sources   of
information.
    (f) Any person  who, in violation of a written
agreement to maintain  confidentiality,  discloses
any information provided pursuant to this section,
or who uses  information provided pursuant to this
section in a  manner  other  than that approved by
the department, may  be  denied  further access to
any  confidential information  maintained  by  the
program.  This  denial  of  access  shall  not  be
construed as restricting  any  remedy, provisional
or otherwise, provided  by  law for the benefit of
the department or person.
    Sec. 8. (NEW) (a) There is established, within
the Department of  Public  Health,  an  Office  of
Multicultural Health. The  responsibility  of  the
office is to improve the health of all Connecticut
residents by eliminating  differences  in disease,
disability and death  rates  among  ethnic, racial
and cultural populations.
    (b) The department  may  apply for, accept and
expend  such  funds   as  may  be  available  from
federal, state or other sources and may enter into
contracts to carry out the responsibilities of the
office.
    (c) The office shall:
    (1) With regard  to health status: (A) Monitor
the   health   status    of   African   Americans;
Latinos/Hispanics;     Native    Americans/Alaskan
Natives; and Asians,  Native  Hawaiians  and other
Pacific Islanders; (B)  compare the results of the
health status monitoring with the health status of
non-Hispanic Caucasians/whites; and (C) assess the
effectiveness  of state  programs  in  eliminating
differences in health status;
    (2) Assess the  health  education  and  health
resource  needs of  ethnic,  racial  and  cultural
populations  listed in  subdivision  (1)  of  this
subsection; and
    (3) Maintain a  directory  of,  and  assist in
development and promotion  of,  multicultural  and
multiethnic health resources in Connecticut.
    (d) The office may:
    (1) Provide grants  for culturally appropriate
health education demonstration  projects  and  may
apply for, accept  and  expend  public and private
funding for such projects; and
    (2) Recommend policies, procedures, activities
and resource allocations  to  improve health among
racial,  ethnic  and   cultural   populations   in
Connecticut.
    (e) The Commissioner  of  Public  Health shall
submit an annual  report concerning the activities
of  the  office   to  the  Governor,  the  General
Assembly, the Permanent  Commission  on the Status
of Women established  under  section  46a-1 of the
general  statutes, the  Latino  and  Puerto  Rican
Affairs Commission established under section 2-120
of  the  general   statutes,  the  Indian  Affairs
Council established under  section  47-59b  of the
general    statutes    and     the     Connecticut
African-American  Affairs Commission.  The  office
shall also hold  community workshops and use other
means to disseminate its findings state-wide.
    Sec.  9. Up  to  two  hundred  fifty  thousand
dollars  of  the   funds   appropriated   to   the
Department of Mental Health and Addiction Services
in section 1 of special act 97-21, as amended, for
grants  for  substance   abuse  services  for  the
Consortium  of  Substance   Abusing   Women   with
Children shall not  lapse  on  June  30, 1998, and
such funds shall  continue to be available for the
Consortium.
    Sec.  10.  Section   12-818   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    For the fiscal  year ending June 30, 1997, and
each  fiscal  year   thereafter,  the  Connecticut
Lottery Corporation shall  transfer the sum of two
hundred  fifty thousand  dollars  of  the  revenue
received from the  sale  of lottery tickets to the
Chronic Gamblers Fund  for educational, prevention
and treatment programs  AND  FOR  THE  FISCAL YEAR
ENDING JUNE 30,  1999,  AND  FOR  EACH FISCAL YEAR
THEREAFTER,  THE CONNECTICUT  LOTTERY  CORPORATION
SHALL TRANSFER THE  SUM  OF  FIVE HUNDRED THOUSAND
DOLLARS.
    Sec.  11.  Section   17a-14   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    Each child or  youth  in  the  custody  of the
Commissioner  of  Children  and  Families  due  to
behavioral problems, and  served  by  an  approved
residential   treatment  facility   with   special
education programs, may  continue in such facility
beyond eighteen years  of age until his program is
completed. The Commissioner  of  Mental Health and
Addiction Services shall  be  responsible  for the
payment of board  and  care costs for any child or
youth  who  remains  in  an  approved  residential
treatment facility with special education programs
beyond eighteen years  of  age  pursuant  to  this
section PROVIDED SUCH  CHILD  OR  YOUTH  MEETS THE
ELIGIBILITY   REQUIREMENTS  ESTABLISHED   BY   THE
COMMISSIONER.
    Sec.  12.  Section   19a-26   of  the  general
statutes, as amended  by  section 24 of public act
97-8 of the  June  18 special session, is repealed
and the following is substituted in lieu thereof:
    The Department of Public Health may establish,
maintain and control state laboratories to perform
examinations  of supposed  morbid  tissues,  other
laboratory tests for  the diagnosis and control of
preventable diseases, and  laboratory  work in the
field    of    sanitation,    environmental    and
occupational testing and  research studies for the
protection and preservation  of the public health.
Such laboratory services  shall  be performed upon
the  application  of  licensed  physicians,  other
laboratories,    licensed    dentists,    licensed
podiatrists,  local directors  of  health,  public
utilities or state  departments  or  institutions,
subject   to   regulations   prescribed   by   the
Commissioner of Public Health, and upon payment of
any applicable fee  as  hereinafter  provided. For
such purposes the department may provide necessary
buildings and apparatus,  employ,  subject  to the
provisions  of  chapter   67,  administrative  and
scientific personnel and  assistants  and  do  all
things  necessary  for   the   conduct   of   such
laboratories. The Commissioner  of  Public  Health
shall  establish  a   schedule  of  fees  directly
related to operating  costs  or  fair market value
for  such  laboratory   services,   provided  such
laboratory  services shall  be  performed  without
charge for local directors of health and local law
enforcement agencies and  may be performed without
charge for others if, in the determination of said
commissioner, the public health requires that such
services   be  furnished   without   charge.   THE
COMMISSIONER  MAY WAIVE  FEES  FOR  CHLAMYDIA  AND
GONORRHEA TESTING FOR  NONPROFIT  ORGANIZATIONS IF
THE  ORGANIZATION PROVIDES  COMBINATION  CHLAMYDIA
AND GONORRHEA TEST  KITS.  The  commissioner shall
also establish a  fair handling fee which a client
of a state laboratory may charge a person or third
party payer for  arranging for the services of the
laboratory. Such client shall not charge an amount
in excess of such handling fee.
    Sec. 13. Section 4a-12 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a)   The   Commissioner   of   Administrative
Services shall be  responsible  for the following:
(1)  Investigation,  determination,   billing  and
collection of all  charges  for support of persons
aided, cared for  or  treated  in  a  state humane
institution, as defined  in  section  17b-222, and
enforcement of support  obligations  of the liable
relatives  of  such   persons;   (2)  billing  and
collection of any money due to the state in public
assistance  cases,  and   enforcement  of  support
obligations of liable relatives in such cases; (3)
collection of benefits  and maintenance of trustee
accounts  therefor;  and   (4)   such   collection
services for other  state agencies and departments
as shall be  agreed  to  between said commissioner
and  the  heads   of   such   other  agencies  and
departments.
    (b) Any debt  referred  to  the  Department of
Administrative Services by  a  state agency, which
the department is  unable  after  due diligence to
collect within six  months of such referral may be
referred  by  the   commissioner   to  a  consumer
collection agency, licensed under section 36a-801,
for collection, provided the debtor has been given
at least thirty days' notice that the debt will be
so referred.
    (c)  For purposes  of  this  section,  "liable
relative" means the  husband or wife of any person
receiving public assistance or aided, cared for or
treated in a  state humane institution, as defined
in said section 17b-222, and the father and mother
of any such  person  under  the  age  of  eighteen
years.   The   Commissioner    of   Administrative
Services, in consultation  with  the  Secretary of
the Office of  Policy  and Management, shall adopt
regulations in accordance  with  the provisions of
chapter   54   establishing:    (1)    A   uniform
contribution scale for liable relatives based upon
ability to pay  and the administrative feasibility
of collecting such contributions, provided no such
liable  relative shall  contribute  an  amount  in
excess of [twenty-five]  TWELVE  per  cent  of the
remainder, if any,  after [two hundred per cent of
federal  poverty  income   guidelines]  THE  STATE
MEDIAN INCOME, adjusted  for family size, has been
deducted  from  such   liable  relative's  taxable
income for federal income tax purposes, or if such
federal  income tax  information  is  unavailable,
from such relative's taxable income, as calculated
from other sources, including, but not limited to,
information  pertaining  to  wages,  salaries  and
commissions  as  provided   by   such   relative's
employer; (2) the  manner  in which the Department
of  Administrative Services  shall  determine  and
periodically  reinvestigate the  ability  of  such
liable relatives to  pay;  and  (3)  the manner in
which   the   department    shall    waive    such
contributions   upon   determination   that   such
contribution would pose  a  significant  financial
hardship upon such liable relatives.
    (d)   Notwithstanding   the    provisions   of
subsection (c) of this section, no liability shall
be   imposed   upon   a   liable   relative   upon
determination   by  the   Department   of   Mental
Retardation,   Social   Services,   Children   and
Families, Mental Health  and Addiction Services or
Public Health that  the  benefit of the assistance
or  service  provided   would   be   significantly
impaired by the imposition of such liability. EACH
SUCH DEPARTMENT MAY  WAIVE  ALL  OR  PART  OF  ANY
LIABILITY RESULTING FROM ITS DELAY IN ESTABLISHING
SUCH LIABILITY IF IT DETERMINES THAT IMPOSITION OF
SUCH LIABILITY WOULD  POSE A SIGNIFICANT FINANCIAL
HARDSHIP UPON A LIABLE RELATIVE.
    Sec.  14.  Section   19a-80   of  the  general
statutes, as amended  by  section 33 of public act
97-259,  is  repealed   and   the   following   is
substituted in lieu thereof:
    (a) No person,  group of persons, association,
organization, corporation, institution  or agency,
public or private, shall maintain a child day care
center or group  day  care  home without a license
issued  in  accordance  with  sections  19a-77  to
19a-80,  inclusive,  AS  AMENDED,  and  19a-82  to
19a-87, inclusive. Applications  for  such license
shall be made to the Commissioner of Public Health
on forms provided  by  him  and  shall contain the
information required by  regulations adopted under
said sections. The  forms  shall  contain a notice
that false statements  made therein are punishable
in accordance with section 53a-157b.
    (b)  Upon receipt  of  an  application  for  a
license, the Commissioner  of  Public Health shall
issue  such  license   if,   upon  inspection  and
investigation, he finds  that  the  applicant, the
facilities  and  the   program  meet  the  health,
educational and social needs of children likely to
attend the child day care center or group day care
home and comply  with  requirements established by
regulations  adopted  under   sections  19a-77  to
19a-80,  inclusive,  AS  AMENDED,  and  19a-82  to
19a-87, inclusive. Each license except a temporary
license shall be for a term of two years, shall be
inalienable,  may  be   renewed   upon  terms  and
conditions established by  regulation  and  may be
suspended  or  revoked   after   notice   and   an
opportunity for a  hearing  as provided in section
19a-84   for   violation    of   the   regulations
promulgated  under  sections   19a-77  to  19a-80,
inclusive,  AS  AMENDED,  and  19a-82  to  19a-87,
inclusive. The commissioner  may issue a temporary
license for a term of six months and renewable for
another six months, upon such terms and conditions
as shall be  provided in regulations adopted under
said sections. The  Commissioner  of Public Health
shall collect from  the  licensee  of  a  day care
center a fee  of  two  hundred  dollars  for  each
license issued or  renewed for a term of two years
and a fee  of  fifty  dollars  for  each temporary
license  issued or  renewed  for  a  term  of  six
months. The Commissioner  of  Public  Health shall
collect from the licensee of a group day care home
a fee of  one  hundred  dollars  for  each license
issued or renewed  for  a  term of two years and a
fee of thirty  dollars  for each temporary license
issued or renewed for a term of six months.
    (c)  On  and   after   October  1,  1997,  the
Commissioner of Public  Health,  within  available
appropriations, shall request  a  criminal records
check of each  prospective employee of a child day
care center or  group  day care home in a position
requiring the provision  of  care to a child. Such
criminal records check shall be requested from the
State  Police Bureau  of  Identification  and  the
Federal Bureau of  Investigation. The commissioner
shall also request  a  check  of  the  state child
abuse  registry established  pursuant  to  section
17a-101k, AS AMENDED.  A  fee  shall be charged by
the commissioner for  each  such national criminal
history records check  which shall be equal to the
fee charged by the Federal Bureau of Investigation
for  performing  such  check.  The  Department  of
Public Health shall  reimburse  the  Department of
Public Safety for  the  actual cost for a national
criminal history records  check.  Pursuant  to the
interagency  agreement  provided  for  in  section
10-16s,  the Department  of  Social  Services  may
agree to transfer  funds appropriated for criminal
records checks to the Department of Public Health.
Not more than three months after July 1, 1997, the
commissioner shall notify  each  licensee  of  the
provisions of this subsection.
    (d)  THE  COMMISSIONER   SHALL   INFORM   EACH
LICENSEE,  BY WAY  OF  A  PLAIN  LANGUAGE  SUMMARY
PROVIDED  NOT LATER  THAN  SIXTY  DAYS  AFTER  THE
REGULATION'S EFFECTIVE DATE,  OF  NEW  OR  CHANGED
REGULATIONS  ADOPTED  UNDER   SECTIONS  19a-77  TO
19a-80, INCLUSIVE, AS  AMENDED, OR SECTIONS 19a-82
TO 19a-87, INCLUSIVE,  WITH  WHICH A LICENSEE MUST
COMPLY.
    Sec. 15. Subsection  (c) of section 19a-87b of
the general statutes,  as  amended by section 2 of
public act 97-14  and  section  36  of  public act
97-259,  is  repealed   and   the   following   is
substituted in lieu thereof:
    (c) The Commissioner  of  Public  Health shall
adopt   regulations,  in   accordance   with   the
provisions of chapter  54,  to  assure that family
day care homes,  as  defined in section 19a-77, AS
AMENDED, shall meet  the  health,  educational and
social needs of  children  utilizing  such  homes.
Such regulations shall  ensure that the family day
care home is  treated  as  a residence, and not an
institutional  facility.  Such  regulations  shall
specify   that  each   child   be   protected   as
age-appropriate by adequate  immunization  against
diphtheria,  pertussis,  tetanus,   poliomyelitis,
measles,  mumps,  rubella,  hemophilus  influenzae
type B and  any  other  vaccine  required  by  the
schedule of active  immunization  adopted pursuant
to section 19a-7f,  AS  AMENDED.  Such regulations
shall provide appropriate  exemptions for children
for   whom   such    immunization   is   medically
contraindicated  and for  children  whose  parents
object to such  immunization on religious grounds.
Such  regulations shall  also  specify  conditions
under which family  day  care  home  providers may
administer tests to  monitor  glucose  levels in a
child  with  diagnosed   diabetes   mellitus,  and
administer   medicinal   preparations,   including
controlled drugs specified  in  the regulations by
the commissioner, to  a  child  receiving day care
services at a  family  day care home pursuant to a
written order of  a physician licensed to practice
medicine in this  or  another  state,  an advanced
practice registered nurse licensed to prescribe in
accordance  with section  20-94a  or  a  physician
assistant licensed to prescribe in accordance with
section 20-12d, and the written authorization of a
parent or guardian of such child. Such regulations
shall specify appropriate  standards  for extended
care and intermittent  short-term  overnight care.
THE COMMISSIONER SHALL  INFORM  EACH  LICENSEE, BY
WAY OF A PLAIN LANGUAGE SUMMARY PROVIDED NOT LATER
THAN SIXTY DAYS  AFTER  THE REGULATION'S EFFECTIVE
DATE, OF ANY  NEW  OR  CHANGED REGULATIONS ADOPTED
UNDER THIS SUBSECTION  WITH  WHICH A LICENSEE MUST
COMPLY.
    Sec.  16.  Section   19a-202  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    Upon application to  the  Department of Public
Health  any  municipal   health  department  shall
annually receive from the state an amount equal to
[fifty-two] ONE DOLLAR  AND  TWO cents per capita,
provided such municipality (1) employs a full-time
director  of health,  except  that  if  a  vacancy
exists in the  office of director of health or the
office is filled  by  an  acting director for more
than three months,  such municipality shall not be
eligible for funding  unless  the  Commissioner of
Public Health waives this requirement; (2) submits
a  public  health  program  and  budget  which  is
approved by the Commissioner of Public Health; and
(3) appropriates not  less  than  one  dollar  per
capita, from the  annual  tax receipts, for health
department services. Such  municipal department of
health  is authorized  to  use  additional  funds,
which the Department  of  Public Health may secure
from federal agencies  or  any  other  source  and
which it may allot to such municipal department of
health. The money  so  received shall be disbursed
upon  warrants approved  by  the  chief  executive
officer  of  such  municipality.  The  Comptroller
shall annually in  July  and upon a voucher of the
Commissioner of Public  Health,  draw his order on
the State Treasurer  in  favor  of  such municipal
department  of  health   for  the  amount  due  in
accordance with the provisions of this section and
under rules prescribed  by  said commissioner. Any
moneys remaining unexpended at the end of a fiscal
year shall be  included  in  the  budget  of  such
municipal department of  health  for  the  ensuing
year.   This   aid    shall   be   rendered   from
appropriations  made from  time  to  time  by  the
General  Assembly  to  the  Department  of  Public
Health for this purpose.
    Sec.  17.  Section   19a-245  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    Upon application to  the  state  Department of
Public   Health,  each   health   district   shall
[quarterly] ANNUALLY receive  from  the  state  an
amount  equal to  [forty-four  and  one-half]  TWO
DOLLARS AND NINE  cents  per capita for each town,
city and borough  of  such  district  which  has a
population  of  five   thousand   or   less,   and
[thirty-eight] ONE DOLLAR  AND  SEVENTY-NINE cents
per capita for each town, city and borough of such
district which has  a population of more than five
thousand, provided (1)  the Commissioner of Public
Health  approves the  public  health  program  and
budget of such  health district and (2) the towns,
cities and boroughs  of  such district appropriate
for the maintenance  of  the  health  district not
less than one  dollar  per  capita from the annual
tax receipts. Such  district departments of health
are authorized to  use additional funds, which the
Department  of  Public   Health  may  secure  from
federal agencies or  any other source and which it
may allot to  such district departments of health.
The district treasurer shall disburse the money so
received upon warrants  approved  by a majority of
the  board  and   signed   by   its  chairman  and
secretary.  The Comptroller  shall  quarterly,  in
July, October, January and April, upon application
as  aforesaid  and   upon   the   voucher  of  the
Commissioner of Public  Health,  draw his order on
the State Treasurer  in  favor  of  such  district
department  of  health   for  the  amount  due  in
accordance with the  provisions  hereof  and under
rules prescribed by  said commissioner. Any moneys
remaining unexpended at  the  end of a fiscal year
shall be included  in  the  budget of the district
for the ensuing  year.  This aid shall be rendered
from appropriations made  from time to time by the
General  Assembly  to  the  Department  of  Public
Health for this purpose.
    Sec. 18. (NEW)  (a)  Upon  application  to the
Department of Public Health, each part-time health
department shall annually  receive  from the state
an amount equal to fifty-three cents per capita.
    (b) Any municipality  may  designate itself as
having a part-time  health  department if: (1) The
municipality  has  not  been  a  full-time  health
department or in a full-time health district prior
to January 1,  1998;  (2) the municipality has the
equivalent of at  least one full-time employee, as
determined by the  Commissioner  of Public Health;
(3) the municipality  develops  a  plan  and  time
table for the  provision  of  health services; and
(4)  the  commissioner   approves   the  plan  and
timetable.
    (c) The Commissioner  of  Public  Health shall
adopt   regulations,  in   accordance   with   the
provisions of chapter  54 of the general statutes,
for the development  and  approval of the plan and
timetable   required   by   subdivision   (3)   of
subsection (a) of this section.
    Sec. 19. If, after December 31, 1998, a school
district  has elected  not  to  participate  in  a
school-based    health   center    program,    the
Commissioner of Public  Health  may reallocate the
funding for the  fiscal year ending June 30, 1999,
for  such  programs  to  other  interested  school
districts.
    Sec. 20. (a) The Commissioner of Public Health
shall conduct a  study  of  the  necessity and the
feasibility of establishing  a registry of persons
who provide home  health  care,  including but not
limited to nurse's  aides,  as  defined in section
20-102aa of the general statutes, and employees of
home  health  care   agencies  and  homemaker-home
health aide agencies.
    (b) The study  required  in  subsection (a) of
this  section  shall  include,  but  need  not  be
limited to, the following:
    (1)  The  degree   and  type  of  training  or
experience necessary to be placed on the registry;
    (2) The registration  fee,  if  any, for being
placed on the  registry  and whether the employing
agency or the individual should be responsible for
paying the fee;
    (3) The grounds  for placing in the registry a
finding that an aide is guilty of patient abuse or
neglect  and  the  procedure  for  contesting  and
removing such a finding;
    (4)  Criminal  background   checks   on  aides
seeking to be  placed  on  the registry, including
state  and local  police  and  Federal  Bureau  of
Investigation background checks;
    (5) The imposition  of  criminal  penalties on
agencies or institutions  that  knowingly  hire an
aide  without  complying   with   background   and
registry checks;
    (6)  Mandatory  reporting   of   incidents  of
patient  or  resident   abuse  or  neglect  or  of
criminal conduct by an aide;
    (7)  Title  protection  for  "nurse's  aides",
"home health aides" or similar designations; and
    (8)  Compliance with  federal  law  concerning
nurse's aide registries.
    (c)  Not  later  than  January  1,  1999,  the
commissioner shall submit  a report on the study's
findings and recommendations to the joint standing
committee having cognizance of matters relating to
public health, in  accordance  with the provisions
of subsection (a) of this section.
    Sec. 21. Section 8-25a of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    No  proposal for  a  development  using  water
supplied by a  company  incorporated  on  or after
October 1, 1984,  shall  be approved by a planning
commission  or  combined   planning   and   zoning
commission unless such  company  has been issued a
certificate pursuant to  section  16-262m, [. If a
proposal is approved  without  a certificate, the]
AS AMENDED BY  THIS ACT. THE municipality in which
the planning commission  or  combined planning and
zoning commission is  located shall be responsible
for the operation  of  [the  company  in the event
that  the  company]   ANY  WATER  COMPANY  CREATED
WITHOUT  A  CERTIFICATE  AFTER  OCTOBER  1,  1984,
EXCEPT A WATER  COMPANY  SUPPLYING  MORE  THAN TWO
HUNDRED FIFTY SERVICE  CONNECTIONS OR ONE THOUSAND
PERSONS  CREATED  WITHOUT  A  CERTIFICATE  BETWEEN
OCTOBER 1, 1984,  AND  SEPTEMBER  30, 1998, IF THE
WATER COMPANY at  any  time is unable or unwilling
to provide adequate service to its consumers.
    Sec.  22.  Section   16-262m  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) As used in this section and section 8-25a,
"water  company"  means  a  corporation,  company,
association, joint stock association, partnership,
municipality, other entity  or  person,  or lessee
thereof, owning, leasing,  maintaining, operating,
managing or controlling any pond, lake, reservoir,
stream,  well  or  distributing  plant  or  system
employed for the  purpose  of  supplying  water to
[not   less  than]   fifteen   OR   MORE   service
connections or twenty-five  OR  MORE  persons [nor
more than two hundred fifty service connections or
one thousand persons] on a regular basis.
    (b)   No   water   company   may   begin   the
construction [or expansion] of a [community] water
supply system, [on  or after October 1, 1984,] AND
NO WATER COMPANY, EXCEPT A WATER COMPANY SUPPLYING
MORE THAN TWO HUNDRED FIFTY SERVICE CONNECTIONS OR
ONE THOUSAND PERSONS,  MAY  BEGIN  EXPANSION  OF A
WATER SUPPLY SYSTEM  without having first obtained
a certificate of  public convenience and necessity
for  the  construction   or   expansion  from  the
Department  of  Public  Utility  Control  and  the
Department of Public  Health. An application for a
certificate shall be  on  a form prescribed by the
Department   of   Public    Utility   Control   in
consultation with the  Department of Public Health
and accompanied by  a  copy of the water company's
construction or expansion  plans  and a fee of one
hundred dollars. The  departments  shall  issue  a
certificate to an  applicant  upon determining, to
their   satisfaction,   that   (1)   no   feasible
interconnection  with  an   existing   system   is
available to the applicant, (2) the applicant will
complete   the  construction   or   expansion   in
accordance with engineering  standards established
by regulation by  the Department of Public Utility
Control for [community]  water supply systems, (3)
the applicant has  the  financial,  managerial and
technical resources to  operate the proposed water
supply system in  a  reliable and efficient manner
and  to provide  continuous  adequate  service  to
consumers served by  the  system, (4) the proposed
construction or expansion  will  not  result  in a
duplication of water  service  in  the  applicable
service  area and  (5)  the  applicant  meets  all
federal and state  standards for [community] water
supply SYSTEMS, provided  subdivisions (1) and (4)
of  this  subsection   shall   not  apply  to  any
[community]  water supply  system  (A)  owned  and
operated or proposed  to be owned and operated, by
a  municipality, municipal  district  or  regional
water  authority, (B)  owned  by  a  municipality,
municipal district or regional water authority and
operated,  or proposed  to  be  operated,  on  its
behalf  by  an  operator  that  has  obtained  all
required  certifications from  the  Department  of
Public  Health,  including   but  not  limited  to
certifications required by regulations established
pursuant to section  25-32,  AS  AMENDED,  or  (C)
owned or operated  by  a  nonprofit corporation on
behalf  of one  or  more  municipalities  for  the
purpose of providing  water  service to an elderly
housing project which  has  obtained  all required
certifications  from  the   Department  of  Public
Health,    including   but    not    limited    to
certifications required by regulations established
pursuant to section  25-32, AS AMENDED. Nothing in
this  section  shall   prevent   a   municipality,
municipal  district or  regional  water  authority
from  voluntarily  transferring   ownership  of  a
[community] water supply  system  to  [a]  ANOTHER
water company, a  municipal public service company
or regional water  authority.  Any construction or
expansion with respect  to  which a certificate is
required shall thereafter be built, maintained and
operated in conformity  with  the  certificate and
any  terms, limitations  or  conditions  contained
therein.
    (c) The Department  of Public Utility Control,
in  consultation with  the  Department  of  Public
Health, shall adopt regulations in accordance with
the provisions of  chapter  54  to  carry  out the
purposes of this section.
    Sec.  23.  Section   17b-522  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) BEFORE THE  EXECUTION  OF  A  CONTRACT  TO
PROVIDE CONTINUING CARE, OR BEFORE THE TRANSFER OF
ANY MONEY OR OTHER PROPERTY TO A PROVIDER BY OR ON
BEHALF OF A  PROSPECTIVE RESIDENT, WHICHEVER SHALL
OCCUR FIRST, THE  PROVIDER  SHALL  DELIVER  TO THE
PERSON WITH WHOM  THE  CONTRACT  IS  TO BE ENTERED
INTO, OR TO  THAT PERSON'S LEGAL REPRESENTATIVE, A
CONSPICUOUS  STATEMENT NOTIFYING  THE  PROSPECTIVE
RESIDENT THAT:
    (1) A CONTINUING-CARE  CONTRACT IS A FINANCIAL
INVESTMENT AND HIS INVESTMENT MAY BE AT RISK;
    (2)  THE  PROVIDER'S   ABILITY   TO  MEET  ITS
CONTRACTUAL   OBLIGATIONS  UNDER   SUCH   CONTRACT
DEPENDS ON ITS FINANCIAL PERFORMANCE;
    (3) HE IS  ADVISED  TO  CONSULT AN ATTORNEY OR
OTHER PROFESSIONAL EXPERIENCED IN MATTERS RELATING
TO  INVESTMENTS  IN   CONTINUING-CARE   FACILITIES
BEFORE HE SIGNS  A  CONTRACT  FOR CONTINUING CARE;
AND
    (4)  THE DEPARTMENT  DOES  NOT  GUARANTEE  THE
SECURITY OF HIS INVESTMENT.
    [(a)] (b) Before  the  execution of a contract
to provide continuing care, or before the transfer
of any money or other property to a provider by or
on behalf of  a  prospective  resident,  whichever
shall occur first,  the  provider shall deliver to
the person with whom the contract is to be entered
into, or to  that person's legal representative, a
disclosure statement. The  text  of the disclosure
statement shall contain, to the extent not clearly
and  completely set  forth  in  the  contract  for
continuing care attached as an exhibit thereto, at
least the following information:
    (1)  The name  and  business  address  of  the
provider and a  statement  of whether the provider
is  a  partnership,  corporation  or  other  legal
entity;
    (2)  The names  of  the  officers,  directors,
trustees, or managing  and general partners of the
provider, the names  of  persons having a five per
cent  or  greater   ownership   interest   in  the
provider, and a  description of each such person's
occupation with the provider;
    (3) A description  of  the business experience
of the provider and of the manager of the facility
if the facility  will  be  managed on a day-to-day
basis by an  organization other than the provider,
in the administration of continuing-care contracts
as  defined  in   section   17b-520   or   in  the
administration     of     similar      contractual
arrangements;
    (4) A description  of  any matter in which the
provider,  any  of   the   persons   described  in
subdivision (2) of this subsection, or the manager
has been convicted  of  a  felony  or pleaded nolo
contendere to a  felony  charge, or held liable or
enjoined in a  civil  action by final judgment, if
the  felony  or   civil   action  involved  fraud,
embezzlement,     fraudulent     conversion     or
misappropriation of property;  or  is subject to a
currently effective injunction  or  restrictive or
remedial order of  a  court  of record, within the
past five years  has  had  any  state  or  federal
license or permit suspended or revoked as a result
of an action  brought  by a governmental agency or
department, rising out  of or relating to business
activity or health care, including but not limited
to actions affecting  the  operation  of  a foster
care  facility,  nursing  home,  retirement  home,
residential care home,  or any facility subject to
sections  17b-520  to  17b-535,  inclusive,  or  a
similar statute in another state or country;
    (5) A statement  as  to  whether  or  not  the
provider is, or  is  affiliated with, a religious,
charitable, [or other]  nonprofit,  OR  FOR-PROFIT
organization; the extent  of  the  affiliation, if
any;   the   extent   to   which   the   affiliate
organization will be responsible for the financial
and contractual obligations  of  the provider; and
the  provision of  the  federal  Internal  Revenue
Code,  if  any,   under   which  the  provider  or
affiliate is exempt  from  the  payment  of income
tax;
    (6) The location  and  a  description  of  the
physical property or  properties  of the provider,
existing  or  proposed;   and,  if  proposed,  the
estimated completion date or dates, whether or not
construction  has  begun,  and  the  contingencies
subject to which construction may be deferred;
    (7)  The  goods   and   services  provided  or
proposed to be  provided without additional charge
under the contract  for  continuing care including
the extent to  which  medical  or  nursing care or
other health-related benefits are furnished;
    (8)  The disposition  of  interest  earned  on
entrance fees or other deposits held in escrow;
    (9)  A description  of  the  conditions  under
which   the  continuing-care   contract   may   be
terminated, whether before  or after occupancy, by
the provider or  by  the  resident. In the case of
termination by the  provider, a description of the
manner  and procedures  by  which  a  decision  to
terminate is reached  by  the  provider, including
grounds for termination,  the  participation  of a
resident's council or  other  group,  if  any,  in
reaching  such  a  decision,  and  any  grievance,
appeal or other  similar procedures available to a
resident whose contract has been terminated by the
provider;
    (10) A statement setting forth the rights of a
surviving spouse who is a resident of the facility
and the effect  of the continuing-care contract on
the rights of  a  surviving  spouse  who  is not a
resident of the  facility,  in  the  event  of the
death of a  resident,  subject  to any limitations
imposed upon such  rights by statute or common law
principles;
    (11) A statement of the effect of a resident's
marriage or remarriage  while  in  the facility on
the terms of his continuing-care contract;
    (12)  A statement  of  the  provider's  policy
regarding  disposition of  a  resident's  personal
property  in the  event  of  death,  temporary  or
permanent  transfer  to  a  nursing  facility,  or
termination of the contract by the provider;
    (13) A statement  that  payment of an entrance
fee or other  transfer  of  assets  pursuant  to a
continuing-care contract may  have significant tax
consequences and that  any person considering such
a  payment or  transfer  may  wish  to  consult  a
qualified advisor;
    (14) The provisions  that  have  been  made or
will be made  by  the provider for reserve funding
and any other  security  to enable the provider to
perform     fully    its     obligations     under
continuing-care  contracts,  including   but   not
limited   to  escrow   accounts   established   in
compliance  with  sections   17b-524  and  17b-525
trusts, or reserve funds, together with the manner
in which such funds will be invested and the names
and experience of  the  persons making or who will
make   investment  decisions.   Disclosure   shall
include a summary  of the information contained in
the five-year financial information filed with the
commissioner  pursuant to  section  17b-527;  said
summary shall set  forth  by  year any anticipated
excess of future  liabilities over future revenues
and  shall  describe   the  manner  in  which  the
provider plans to meet such liabilities;
    (15)   Audited   and    certified    financial
statements  of  the   provider,  including  (A)  a
balance sheet as  of  the  end  of the most recent
fiscal year and  (B)  income  statements  for  the
three most recent  fiscal years of the provider or
such shorter period  of time as the provider shall
have been in existence;
    (16) If the  operation of the facility has not
yet  commenced, or  if  the  construction  of  the
facility is to be completed in stages, a statement
of the anticipated  source  and application of the
funds used or  to  be  used  in  the  purchase  or
construction of the  facility or each stage of the
facility, including:
    (A) An estimate  of  such  costs  as financing
expense,  legal  expense,  land  costs,  marketing
costs, and other  similar costs which the provider
expects to incur  or become obligated for prior to
the commencement of  operations  of  each stage of
the facility;
    (B) A description  of any mortgage loan or any
other  financing  intended  to  be  used  for  the
financing of the  facility  or  each  stage of the
facility,  including  the  anticipated  terms  and
costs of such financing;
    (C) An estimate  of the total entrance fees to
be received from  or  on behalf of residents at or
prior to commencement  of  operation of each stage
of the facility; and
    (D) An estimate  of  the  funds, if any, which
are anticipated to  be  necessary to fund start-up
losses and provide  reserve  funds  to assure full
performance of the  obligations  of  the  provider
under continuing-care contracts;
    (17) Pro forma  annual  income  statements for
the facility for the next five fiscal years;
    (18) A description  of  all  entrance fees and
periodic charges, if  any,  required  of residents
and a record  of  past  increases in such fees and
charges during the previous seven years;
    (19)  For  each   facility   operated  by  the
provider, the total  actuarial  present  value  of
prepaid  healthcare  obligations  assumed  by  the
provider   under  continuing-care   contracts   as
calculated on an  actuarially  sound  basis  using
reasonable   assumptions   for    mortality    and
morbidity;
    (20) A statement  that  all materials required
to be filed  with  the  department  are on file, a
brief  description  of  such  materials,  and  the
address of the  department at which such materials
may be reviewed;
    (21)  The  cover   page   of   the  disclosure
statement shall state, in a prominent location and
type face, the  date  of  the disclosure statement
and   that  registration   does   not   constitute
approval, recommendation, or  endorsement  by  the
department or state,  nor  does  such registration
evidence  the  accuracy  or  completeness  of  the
information set out in the disclosure statement;
    (22) If the construction of the facility is to
be completed in  stages, a statement as to whether
all services will be provided at the completion of
each stage and, if not, the services that will not
be provided listed in bold print.
    (c) NOT MORE THAN SIXTY NOR LESS THAN TEN DAYS
BEFORE THE EXECUTION  OF  A  CONTRACT  TO  PROVIDE
CONTINUING  CARE, THE  PROVIDER  SHALL  DELIVER  A
CURRENT DISCLOSURE STATEMENT  TO  THE  PERSON WITH
WHOM THE CONTRACT IS TO BE ENTERED INTO OR TO THAT
PERSON'S LEGAL REPRESENTATIVE.
    (d) EACH STATEMENT  REQUIRED UNDER SUBSECTIONS
(a) AND (b)  OF  THIS  SECTION SHALL BE SIGNED AND
DATED  BY  THE  PROSPECTIVE  RESIDENT  BEFORE  THE
EXECUTION OF A CONTRACT TO PROVIDE CONTINUING CARE
OR BEFORE THE  TRANSFER  OF  ANY  MONEY  OR  OTHER
PROPERTY TO A  PROVIDER  BY  OR  ON  BEHALF OF THE
PROSPECTIVE RESIDENT. EACH  SUCH  STATEMENT  SHALL
CONTAIN AN ACKNOWLEDGEMENT THAT SUCH STATEMENT AND
THE CONTINUING-CARE CONTRACT HAVE BEEN REVIEWED BY
THE   PROSPECTIVE   RESIDENT    OR    HIS    LEGAL
REPRESENTATIVE. SUCH SIGNED  STATEMENTS  SHALL  BE
KEPT ON FILE  BY  THE PROVIDER FOR A PERIOD OF NOT
LESS THAN THE TERM OF THE CONTRACT.
    [(b)]  (e)  [The  disclosure]  EACH  statement
REQUIRED UNDER SUBSECTIONS  (a)  AND  (b)  OF THIS
SECTION and the  continuing-care contract shall be
in language easily  readable and understandable in
accordance with the  provisions of subsections (a)
and (b) of section 42-152.
    [(c)] (f) A copy of the standard form or forms
of  the  continuing-care   contract  used  by  the
provider shall be  attached  as an exhibit to each
disclosure statement.
    (g) THE COMMISSIONER  MAY ADOPT REGULATIONS IN
ACCORDANCE WITH THE  PROVISIONS  OF  CHAPTER 54 TO
SPECIFY ANY ADDITIONAL INFORMATION REQUIRED IN THE
DISCLOSURE STATEMENT.
    Sec. 24. Subsection  (a) of section 17b-525 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) Except as  provided in section 17b-534, on
and after the  date  any  facility located in this
state  is first  occupied  by  any  resident,  the
provider shall establish and maintain on a current
basis, in escrow  with  a  bank, trust company, or
other escrow agent  having  its principal place of
business in this  state, a portion of all entrance
fees received by  the  provider  in  an  aggregate
amount sufficient to  cover: (1) All principal and
interest, rental or  lease payments due during the
next  twelve  months   on  account  of  any  first
mortgage loan or  any other long-term financing of
the facility; and (2) the total cost of operations
of the facility  for a one-month period, excluding
debt  service,  rental   or   lease   payments  as
described in subdivision  (1)  of  this subsection
and  excluding capital  expenditures.  The  escrow
agent  may  release   up  to  one-twelfth  of  the
required principal balance of funds held in escrow
pursuant to said  subdivision  not  more than once
during any calendar  month,  if  the  provider  so
requests   in  writing.   The   commissioner   may
authorize the escrow  agent  to release additional
funds held in  escrow pursuant to subdivisions (1)
and (2) of  this  subsection,  upon application by
the provider setting  forth  the  reasons  for the
requested release and  a  plan for replacing these
funds  within one  year;  the  commissioner  shall
respond  within  fifteen  business  days.  If  any
escrow funds so  released  are not replaced within
one year the  escrow  agent  shall  so  notify the
commissioner. A PROVIDER SHALL PROMPTLY NOTIFY THE
COMMISSIONER IN THE EVENT SUCH PROVIDER USES FUNDS
HELD IN ESCROW  PURSUANT  TO  SUBDIVISIONS (1) AND
(2) OF THIS  SUBSECTION.  Upon written application
by a provider,  the  commissioner  may authorize a
facility to maintain  a  reserve escrow or escrows
in an amount  less  than  the amounts set forth in
this section, if  the  commissioner finds that the
contractual liabilities of  the  provider  and the
best interests of  the residents may be adequately
protected by a  reserve  escrow  or  escrows  in a
lesser amount.
    Sec.  25.  Section   17b-527  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) A provider  operating any facility located
in  this state  shall  file  with  the  department
annually, in a  form  and manner prescribed by the
commissioner, financial and  actuarial information
for  each  facility  located  in  this  state  and
operated by the  provider  or  by  a manager under
contract to the  provider.  The commissioner shall
prescribe the information  to be filed which shall
include  but is  not  limited  to  the  following:
Financial statements including  certified  current
balance sheets and certified income statements and
pro forma statements  for  the  next five years as
provided in section  17b-522  and such information
as is necessary  to assess the actuarial soundness
thereof; the basis  for  amortization  assumptions
for the provider's  capital  costs; the facility's
current rate schedule;  a  statement of source and
application  of funds  for  the  five-year  period
beginning the year  of  initial filing pursuant to
section 17b-521 or  subsequent  filing pursuant to
section   17b-529;   current    and    anticipated
residential turnover rates; the average age of the
residents  for the  next  five  years;  healthcare
utilization rates, including  admission  rates and
days per one  hundred  residents by level of care;
occupancy   rates;  the   number   of   healthcare
admissions per year;  the  days  of care per year;
and the number  of  permanent transfers. Financial
and  actuarial  projections   contained   in  such
studies  shall be  determined  on  an  actuarially
sound  basis  using   reasonable  assumptions  for
mortality, morbidity and interest.
    (b) THE COMMISSIONER  MAY ADOPT REGULATIONS IN
ACCORDANCE WITH CHAPTER  54 TO PRESCRIBE FINANCIAL
AND  ACTUARIAL  INFORMATION   TO  BE  FILED  BY  A
PROVIDER  IN ACCORDANCE  WITH  THE  PROVISIONS  OF
SUBSECTION (a) OF THIS SECTION.
    Sec.  26.  Section   17b-532  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) If at any time the commissioner determines
after notice to  the  provider  and an opportunity
for the provider to be heard, that: (1) A provider
has failed to maintain the reserves required under
sections 17b-524 and  17b-525,  or  has  requested
release of reserves  held  in  escrow  pursuant to
section 17b-525 in  an  amount  in  excess  of the
amount permitted thereunder  or  authorized by the
commissioner, or has  failed  to  replace  reserve
funds as prescribed  in  section 17b-525, or (2) a
provider has been  or  will  be unable to meet the
pro  forma income  or  cash  flow  projections  it
previously filed which may endanger its ability to
fully   perform  its   obligations   pursuant   to
contracts for continuing  care,  or (3) a provider
is bankrupt or  insolvent or in imminent danger of
becoming bankrupt or  insolvent;  the commissioner
may apply to  the  Superior  Court  for  an  order
appointing a receiver to rehabilitate or liquidate
a facility.
    (b) An order  to rehabilitate a facility shall
direct the receiver  to  take  possession  of  the
property  of  the  provider  and  to  conduct  the
business thereof, including the employment of such
managers  or  agents  as  the  receiver  may  deem
necessary, and to take such steps as the court may
direct toward removal of the causes and conditions
which made rehabilitation necessary.
    (c) If, at  any  time,  the  court finds, upon
petition of the  commissioner  or  receiver or the
provider,  or  on   its   own   motion,  that  the
objectives of an  order to rehabilitate a provider
have been accomplished  and  that the facility can
be returned to  the  provider's management without
further jeopardy to the residents of the facility,
creditors, owners of  the  facility,  and  to  the
public, the court  may,  upon  a  full  report and
accounting  of  the   conduct  of  the  facility's
affairs  during  the  rehabilitation  and  of  the
facility's current financial  condition, terminate
the  rehabilitation  and   by   order  return  the
facility  and  its   assets  and  affairs  to  the
provider's management.
    (d) If, at  any  time, the receiver determines
that further efforts  to rehabilitate the provider
would be useless, it may apply to the court for an
order of liquidation.
    (e) An order  to  liquidate  a facility may be
issued upon application  of the commissioner or of
the receiver whether  or not there has been issued
a prior order  to rehabilitate the facility, shall
act as a  revocation  of  the  registration of the
facility under section 17b-521 and shall order the
receiver  to marshal  and  liquidate  all  of  the
provider's assets located within this state.
    (f) In applying  for  an order to rehabilitate
or liquidate a  facility,  the  commissioner shall
give due consideration  in  the application to the
manner in which  the  welfare  of persons who have
previously  contracted  with   the   provider  for
continuing care may be best served.
    (g)   An  application   for   an   order   for
rehabilitation under this  section shall be denied
or an order  for  rehabilitation  vacated  if  the
provider posts a  bond,  by  a  recognized  surety
authorized  to  do  business  in  this  state  and
executed in favor of the commissioner on behalf of
persons who may  be  found entitled to a refund of
entrance fees from  the  provider or other damages
in the event the provider is unable to fulfill its
contracts  to  provide   continuing  care  at  the
facility, in an  amount determined by the court to
be  equal  to  the  reserve  funding  which  would
otherwise need to  be  available  to  fulfill such
obligations.
    (h) SUBJECT TO  THE APPROVAL OF THE COURT, THE
COMMISSIONER  MAY  ASSESS   REASONABLE  COSTS  AND
EXPENSES  INCURRED  IN   THE   REHABILITATION   OR
LIQUIDATION OF A FACILITY AGAINST THE PROVIDER.
    Sec. 27. Subsection  (i) of section 17b-354 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (i) The Commissioner  of  Social  Services may
waive or modify  any  requirement of [chapter 319f
or]  this  section,   except  subdivision  (1)  of
subsection (b) which  prohibits  participation  in
the Medicaid program,  to  enable [the development
of up to  three  continuing  care facilities which
provide  life  care   for   their   residents]  AN
ESTABLISHED  CONTINUING CARE  FACILITY  REGISTERED
PURSUANT TO CHAPTER  319hh  PRIOR  TO SEPTEMBER 1,
1991,  TO  ADD  NURSING  HOME  BEDS  PROVIDED  THE
CONTINUING CARE FACILITY AGREES TO NO LONGER ADMIT
NONRESIDENTS INTO ANY  OF  THE  FACILITY'S NURSING
HOMES BEDS EXCEPT FOR SPOUSES OF RESIDENTS OF SUCH
FACILITY AND PROVIDED THE ADDITION OF NURSING HOME
BEDS  WILL NOT  HAVE  AN  ADVERSE  IMPACT  ON  THE
FACILITY'S  FINANCIAL  STABILITY,  AS  DEFINED  IN
SUBSECTION (b) OF  THIS  SECTION,  AND ARE LOCATED
WITHIN A STRUCTURE  CONSTRUCTED AND LICENSED PRIOR
TO JULY 1, 1992.
    Sec.  28. (NEW)  The  Commissioner  of  Social
Services may approve  the  relocation  of Medicaid
certified  nursing  home   beds  from  a  licensed
nursing  home  to   a   continuing  care  facility
registered with the  Department of Social Services
in  accordance  with  the  provisions  of  section
17b-520  to 17b-535,  inclusive,  of  the  general
statutes and may  approve  Medicaid  participation
for any such  nursing  home  beds transferred to a
continuing care facility  as  part of the approval
of any such relocation, provided the relocation of
beds complies with the requirements of subdivision
(3) of subsection  (a)  of  section 17b-354 of the
general statutes and  provided  further  that: (1)
Beds are transferred  and eliminated from existing
four-bed rooms licensed prior to July 1, 1992; (2)
the Medicaid per  diem  rate  does  not exceed the
rate in place at the facility that is transferring
beds,  and increases  in  such  rate  are  limited
annually thereafter to  any  rate  increase limits
under section 17b-340 of the general statutes; and
(3) any such  nursing  home  bed  transfer is to a
continuing care facility  under the same ownership
or a subsidiary  of  the nursing home transferring
such bed.
    Sec.  29.  Section   17a-17   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) The Commissioner  of Children and Families
may, after consultation  with  the Commissioner of
Administrative Services, establish by regulation a
payment  system,  which   shall   be   adopted  in
accordance with chapter 54, for the direct payment
of the reasonable  expense  of  goods  or services
determined by said  commissioner  to  be necessary
for the care  and  maintenance of any child in his
custody, or under his guardianship, whether or not
the child has income or estate. Ninety per cent of
a clean claim  for payments shall be made no later
than thirty days  from  receipt of the request for
payment and ninety-nine  per  cent  shall  be made
within ninety days  of  such receipt. Upon request
of the Commissioner  of Children and Families, the
Comptroller shall draw his order on the Treasurer,
from  time  to   time,   for   such  part  of  the
appropriation for care  of such children as may be
needed in order to enable the commissioner to make
such payments. The  Department  of  Administrative
Services may bill  to  and collect from the person
in charge of  the  estate  of  any  child  in  the
custody  of  the   Commissioner  of  Children  and
Families    or    under     said    commissioner's
guardianship, including his  descendants'  estate,
or the payee  of  such  child's  income, the total
amount expended for  care  of  such  child or such
portion thereof as  any  such  estate  or payee is
able  to  reimburse.  For  the  purposes  of  this
section "clean claim"  means  a claim which can be
processed     without     obtaining     additional
substantiation from the  applicant  for payment or
other person entitled  to receive payment. A claim
submitted   by   an   applicant   who   is   under
investigation for fraud  or  abuse  shall  not  be
considered a clean claim.
    (b) The Commissioner  of Children and Families
and the Commissioner  of  Education  shall jointly
develop a single  cost accounting system, on forms
developed jointly by  the  Department  of Children
and  Families and  the  Department  of  Education,
which  may  be   the  basis  for  the  payment  of
reasonable  expenses  for   room   and  board  and
education  by purchase  of  service  agreement  to
private  residential  treatment  centers  licensed
pursuant to section  17a-145.  The Commissioner of
Children and Families, after consultation with the
Commissioner of Education, shall adopt regulations
in accordance with the provisions of chapter 54 to
administer the system  which  may  provide for the
combining of procedures  within  the Department of
Children  and  Families   and  the  Department  of
Education for administering  the  system including
the  holding  of   joint   hearings  and  reviews.
Annually, on or  before  a date established by the
Commissioner  of  Children   and   Families,  each
residential treatment center  shall  submit to the
Department  of Children  and  Families,  on  forms
provided by said  department and the Department of
Education,  the  audited  costs  of  its  approved
programs for the  preceding year as certified by a
certified public accounting  firm.  On  and  after
July 1, 1983,  no  additional  services  shall  be
included in the  calculation  of  such  reasonable
expenses unless such  services are approved by the
Commissioner  of  Children  and  Families  or  the
Commissioner of Education.
    (c) During the two-year period commencing July
1, 1985, the Commissioner of Children and Families
and the Commissioner  of Education shall implement
the cost accounting  system  developed pursuant to
subsection (b) of  this section. On and after July
1, 1987, said  system  shall  be the basis for the
payment of reasonable  expenses for room and board
and education, by  purchase  of service agreement,
to private residential treatment centers, provided
said  system  shall   not  be  applicable  to  any
treatment center which does not submit the audited
costs of its  approved  programs for the preceding
year in accordance  with  the  provisions  of said
subsection (b).
    (d) ANY COST-OF-LIVING  ADJUSTMENT PROVIDED IN
SECTION 4 OF  THIS ACT SHALL BE APPLICABLE ONLY TO
THE  ROOM  AND   BOARD   RATE  AND  SHALL  NOT  BE
APPLICABLE TO THE EDUCATION RATE.
    Sec.  30.  Section   17b-90   of  the  general
statutes, as amended  by  sections  37  and 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:
    (a) The commissioner  shall adopt regulations,
in accordance with chapter 54, necessary to enable
him to carry  out  the  programs the Department of
Social  Services  is   designated   to  administer
pursuant   to   section   17b-2,   including   any
regulations necessary for  receiving  grants  from
the  federal  government  to  this  state  if  the
absence of any such regulation would result in the
loss of such  grants and regulations governing the
custody and use  of the records, papers, files and
communications concerning persons  applying for or
receiving  assistance under  said  sections.  When
names  and  addresses   of   recipients   of  such
assistance are required  by law to be furnished to
or  held by  any  other  government  agency,  such
agency  shall adopt  regulations  to  prevent  the
publication of lists  thereof  or  their  use  for
purposes   not   directly   connected   with   the
administration of said programs.
    (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,   (2)    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  OR  FOR  THE
MANAGEMENT OF AND  PAYMENT  FOR  BEHAVIORAL HEALTH
SERVICES  FOR APPLICANTS  FOR  AND  RECIPIENTS  OF
GENERAL ASSISTANCE AND  STATE ADMINISTERED GENERAL
ASSISTANCE, (3) 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)] (4) 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, INCLUDING SAFETY  NET  SERVICES,  if the
Commissioner  of  Children  and  Families  OR  THE
COMMISSIONER  OF SOCIAL  SERVICES  has  determined
that  imminent  danger  to  such  child's  health,
safety  or  welfare   exists  [;]  TO  TARGET  THE
SERVICES   OF   THE   FAMILY   SERVICES   PROGRAMS
ADMINISTERED BY THE  DEPARTMENT  OF  CHILDREN  AND
FAMILIES;  (5)  TO   A   TOWN  OFFICIAL  OR  OTHER
CONTRACTOR  OR AUTHORIZED  REPRESENTATIVE  OF  THE
LABOR COMMISSIONER SUCH  INFORMATION CONCERNING AN
APPLICANT  FOR OR  A  RECIPIENT  OF  FINANCIAL  OR
MEDICAL  ASSISTANCE UNDER  GENERAL  ASSISTANCE  OR
STATE-ADMINISTERED   GENERAL   ASSISTANCE   DEEMED
NECESSARY BY SAID COMMISSIONERS TO CARRY OUT THEIR
RESPECTIVE RESPONSIBILITIES TO  SERVE SUCH PERSONS
UNDER  THE  PROGRAMS  ADMINISTERED  BY  THE  LABOR
DEPARTMENT THAT ARE  DESIGNED  TO SERVE APPLICANTS
FOR  OR  RECIPIENTS   OF   GENERAL  ASSISTANCE  OR
STATE-ADMINISTERED  GENERAL ASSISTANCE,  or  [(3)]
(6)  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. 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.
    (c)  In IV-D  support  cases,  as  defined  in
subdivision  (13) of  subsection  (b)  of  section
46b-231,  in  addition   to  the  prohibitions  of
subsection (b) of  this  section,  no  information
shall be released  concerning  the  whereabouts of
one party to  another  party  (1)  against  whom a
protective  order,  a   restraining   order  or  a
standing criminal restraining  order  with respect
to the former  party  is  in effect, or (2) if the
department has reason  to believe that the release
of  the information  may  result  in  physical  or
emotional harm to the former party.
    (d) The Commissioner  of Social Services shall
provide written notice to a person applying for or
receiving assistance from the Department of Social
Services or a  person  participating  in a program
administered by said department that such person's
address and telephone  number  may  be provided to
the Department of  Children  and Families pursuant
to  subdivision (2)  of  subsection  (b)  of  this
section.
    (e) Penalties prescribed  by subsection (b) of
section 17b-97 shall  apply  to violations of this
section.
    Sec. 31. (a) There is established a task force
to study graduate  medical education and the state
Medicaid hospital rates.  The  study shall include
assuring that there  will be an adequate supply of
residents and fellows  in  Connecticut  hospitals,
ambulatory   settings   and   nontraditional   but
appropriate learning venues and that there will be
adequate funding to  support  such  residents  and
fellows.
    (b)  The  task   force   shall   consist   of:
Representatives of the  managed  care  industry; a
representative  of  the   Department   of   Social
Services;  representatives of  teaching  hospitals
that are the primary teaching hospitals of medical
schools situated in  Connecticut;  representatives
of teaching hospitals that are not affiliated with
medical schools; representatives of hospitals that
are not teaching hospitals; representatives of the
Connecticut  Children's Hospital;  representatives
of business and  industry;  representatives of the
Connecticut     Hospital     Association;      and
representatives of the  Connecticut  State Medical
Society.
    (c) All appointments  shall  be made not later
than thirty days  after the effective date of this
section. The task  force shall elect a chairperson
at its first meeting from among its members.
    (d) Not later  than  January 12, 1999, members
of the study  committee  shall  submit a report on
its  findings  and  recommendations  to  the  full
committee.
    Sec.  32.  Section   12-20a   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    On  or before  January  first,  annually,  the
Secretary of the  Office  of Policy and Management
shall   determine   the   amount   due   to   each
municipality in the state, in accordance with this
section, as a  state  grant  in lieu of taxes with
respect to real  property  owned  by  any  private
nonprofit institution of  higher  education or any
nonprofit  general  hospital   facility   or  free
standing chronic disease  hospital  OR  AN  URGENT
CARE FACILITY THAT  OPERATES  FOR  AT LEAST TWELVE
HOURS A DAY  AND  THAT  HAD BEEN THE LOCATION OF A
NONPROFIT GENERAL HOSPITAL WITHIN THE PREVIOUS TWO
YEARS TO RECEIVE  PAYMENTS  IN  LIEU  OF TAXES FOR
SUCH  PROPERTY, exclusive  of  any  such  facility
operated by the federal government or the state of
Connecticut or any subdivision thereof. As used in
this  section "private  nonprofit  institution  of
higher  education"  means   any  such  institution
engaged primarily in  education  beyond  the  high
school level, the property of which is exempt from
property tax under  any  of  the  subdivisions  of
section   12-81;   "nonprofit   general   hospital
facility" means any  such  facility  which is used
primarily for the  purpose of general medical care
and treatment, exclusive  of any hospital facility
used  primarily for  the  care  and  treatment  of
special types of  disease  or  physical  or mental
conditions;  and "free  standing  chronic  disease
hospital" means a  facility which provides for the
care and treatment  of chronic diseases, excluding
any such facility  having an ownership affiliation
with  and operated  in  the  same  location  as  a
chronic and convalescent  nursing  home. The grant
payable to any  municipality  under the provisions
of  this  section   in   the   state  fiscal  year
commencing July 1,  1987,  and in each such fiscal
year thereafter, shall  be equal to sixty per cent
of  the  property  taxes  which,  except  for  any
exemption applicable to  any  such  institution of
higher  education  or  general  hospital  facility
under the provisions  of section 12-81, would have
been  paid  with   respect  to  such  exempt  real
property   on  the   assessment   list   in   such
municipality for the  assessment  date  two  years
prior to the commencement of the state fiscal year
in which such  grant is payable. The amount of the
grant payable to  each municipality in any year in
accordance  with this  section  shall  be  reduced
proportionately in the  event  that  the  total of
such  grants  in  such  year  exceeds  the  amount
appropriated for the purposes of this section with
respect to such  year. As used in this section and
section 12-20b the  word  "municipality" means any
town,  consolidated town  and  city,  consolidated
town and borough, borough, district, as defined in
section 7-324, and  any city not consolidated with
a town.
    Sec. 33. (a)  The  Board  of  Trustees  of the
Connecticut State University  System  may  lease a
tract of land  to a private developer to construct
a  building on  the  south  side  of  Ella  Grasso
Boulevard  on  the   Central   Connecticut   State
University campus. Upon  the  request of the board
of trustees, the  Department  of  Public Works may
contract  with  a   developer   to  construct  the
building to be  completed  by  an agreed upon date
certain,  on  a  design-build  basis  and  with  a
maximum  cost.  The  project  consisting  of  this
building  shall  house   private   enterprise  and
university  services  to   meet   the   needs   of
university  students,  faculty,   staff   and  the
community-at-large, which may include but need not
be limited to mailing and health services.
    (b) Any such  contract  shall provide that the
developer:  (1)  Construct   one   building  which
complies with all  applicable  federal  and  state
laws  and  regulations;   (2)   supply  the  funds
necessary   for   costs    associated   with   the
construction and operation  of  the  building; (3)
post a performance  bond  and  have  and  maintain
adequate insurance for the project; (4) be granted
full ownership rights  to  the building for a term
certain, which term  shall permit the developer to
recoup  its investment  in  the  construction  and
operation of the  building  and be consistent with
the needs of  the university, but shall not exceed
thirty  years;  (5)  reserve  a  portion  of  such
building  for use  by  Central  Connecticut  State
University at no  charge  during  such period; and
(6) convey its  interest  in  the  building to the
board of trustees  at  the end of the term granted
pursuant to subdivision (4) of this subsection.
    (c) If the  board  of  trustees  requests  the
Department  of  Public   Works  to  enter  into  a
contract with the  developer:  (1)  The department
shall  provide  customary  design  build  services
pursuant to subdivision  (4)  of  section 4b-24 of
the general statutes;  (2)  the  department  shall
render its services  to  the board of trustees for
its standard department fee and the board shall be
reimbursed for said services by the developer; (3)
the department, in  consultation  with and subject
to the approval  of  the  board of trustees, shall
assume primary responsibility  for the preparation
of the request  for  proposal  to  be  provided to
potential developers which shall include aesthetic
concerns of the  university  and  the right of the
university to approve prospective tenants; (4) the
department shall expedite  the services it renders
in the project;  (5) the board of trustees and the
university shall provide the developer with access
to  utility  connections,   be   responsible   for
landscaping and maintenance  to  all areas outside
the building and  provide  a  reasonable number of
parking  spaces  for   tenants   of  the  building
consistent with other needs of the university; (6)
the Commissioner of  Public Works and the board of
trustees shall agree  on  a  cooperative system to
carry out the  provisions of this section with due
regard to the  needs  and concerns of the board of
trustees; and (7)  any  requests  for proposal for
the project shall  be  submitted  after notice and
specifications of such  project are advertised, at
least  once, in  a  newspaper  having  substantial
circulation in the Hartford-New Britain area.
    Sec. 34. (a) Notwithstanding the provisions of
any section of the general statutes or any special
act, the state of Connecticut, acting by the State
Treasurer, may convey  to  the city of New Haven a
tract of land  located in the city of New Haven on
the   campus   of   Southern   Connecticut   State
University known as  parking  lot two and the city
of New Haven  may  accept  such conveyance for the
sole  purpose  of  constructing  on  such  land  a
parking  garage  at   Southern  Connecticut  State
University.
    (b) The city of New Haven, notwithstanding any
provisions of the general statutes, the charter of
the  city  of   New  Haven,  any  special  act  or
ordinance, or any other provision of law including
local zoning laws,  may,  in consultation with the
Board  of  Trustees   of   the  Connecticut  State
University     System    or     its     designated
representatives, and subject  to  the  approval of
the said board  of  trustees,  prepare  plans  and
specifications for the construction of the parking
garage and may construct such garage.
    (c) Upon the request of the city of New Haven,
the Connecticut Department  of  Public  Works  may
provide  all  customary   design   build  services
pursuant to subdivision  (4)  of  section 4b-24 of
the general statutes,  in  order  to construct the
parking garage. The  city  of  New Haven shall pay
the standard Department  of  Public  Works  fee to
said department for  services  provided under this
section.
    (d) The state  of  Connecticut,  acting by its
Board  of  Trustees   for  the  Connecticut  State
University System, represented  by its chairman or
other officer so  designated  by resolution of the
said board, and the city of New Haven, represented
by its mayor  or  other  officer  so designated by
resolution of the board of aldermen, may execute a
lease to the Board of Trustees for the Connecticut
State   University  System   for   a   period   of
twenty-five  years,  notwithstanding   any   other
provision of the general statutes concerning lease
periods, pursuant to  a  net  lease which requires
the  lessee to  pay  all  expenses  of  operation,
maintenance, repairs and  insurance, and an annual
rental sufficient to  pay  the  principal  of such
bonds, together with  the  interest on such bonds,
as shall be  issued  by  the  city  of  New  Haven
pursuant to subdivision  (2)  of subsection (d) of
this section.
    (e) (1) Notwithstanding  any  provision of the
general statutes, the  charter  of the city of New
Haven, any special  act or ordinance, or any other
provision of law,  the  board  of  aldermen of the
city of New  Haven  is  authorized  to provide, by
resolution, for the issuance of general obligation
bonds and notes  in  an  amount not exceeding nine
million dollars to  finance  construction  of  the
parking  garage  and   appurtenant  facilities  at
Southern     Connecticut     State     University.
Notwithstanding the provisions  of  sections 7-206
and 7-371 of  the  general  statutes  or any other
provision of law, such bonds shall be dated, shall
bear interest at  a  rate  or  rates not exceeding
seven per cent per annum, and shall mature at such
time  or  times   over   a  period  not  exceeding
twenty-five years from  their  date  on a maturity
schedule  that  will  substantially  equalize  the
payment of principal and interest annually, as may
be provided by  the  bond  sale  committee  of the
board of aldermen  prior  to  the issuance of such
bonds. The bond sale committee shall determine the
form of such bonds, including any interest coupons
to  be  attached  to  the  bonds,  the  manner  of
execution of the  bonds  and  the  bank  or  trust
company to act  as certifying agent, and shall fix
the denominations of  such  bonds and the place or
places of payment of principal and interest on the
bonds. All bonds  issued  under  the provisions of
this section shall be negotiable instruments under
the provisions of  the  general statutes and shall
be exempt, both as to principal and interest, from
taxation  by  the  state  of  Connecticut  or  any
subdivision of the  state.  Such bonds may be sold
in such manner and for such price as is determined
by the bond  sale  committee  to  be  for the best
interest of the  city,  but  no such sale shall be
made at a  price  so low as to require the payment
of interest on the money received therefor at more
than  seven per  cent  per  annum,  computed  with
relation to the absolute maturity or maturities of
the bonds in  accordance  with  standard tables of
bond values.
    (2)  Bonds  and   notes   issued   under   the
provisions of this section shall not be subject to
any statutory limitation  on  the  indebtedness of
the city and  such  bonds  and  notes  when issued
shall not be  included  in computing the aggregate
indebtedness of the  city  in  respect of any such
limitation.
    (f) The city  shall  convey  the land with the
parking garage and  appurtenant  facilities to the
Board  of  Trustees   for  the  Connecticut  State
University System, without  consideration but only
after  receipt of  sufficient  funds  to  pay  the
principal of and  interest  on said bonds and only
when  the  terms   and  conditions  of  the  lease
agreement  entered  into   between  the  Board  of
Trustees  for  the  Connecticut  State  University
System and the  city  of New Haven shall have been
fully performed.
    Sec. 35. Section  3  of  public  act 97-248 is
repealed and the  following is substituted in lieu
thereof:
    (a) There is established a Connecticut Alcohol
and Drug Policy  Council which shall be within the
Office of Policy and Management for administrative
purposes only.
    (b) The council shall consist of the following
members: (1) The Secretary of the Office of Policy
and  Management,  or   his   designee;   (2)   the
Commissioners of Children  and  Families, CONSUMER
PROTECTION,    Correction,    Education,    Higher
Education, Mental Health  and  Addiction Services,
MOTOR  VEHICLES,  Public  Health,  Public  Safety,
[and]  Social  Services,  TRANSPORTATION  and  the
Insurance Commissioner, or  their  designees;  (3)
the Chief Court  Administrator,  or  his designee;
(4) the chairman  of  the  Board of Parole, or his
designee; (5) the  Chief  State's Attorney, or his
designee; (6) the  Chief  Public  Defender, or his
designee; and (7)  the cochairpersons of the joint
standing committees of the General Assembly having
cognizance of matters  relating  to public health,
criminal  justice  and   the   budgets   of  state
agencies, or their  designees. The Commissioner of
Mental  Health and  Addiction  Services  shall  be
chairman of the  council. The Office of Policy and
Management shall, within available appropriations,
provide staff for the council. The chairman of the
council shall schedule  the  first  meeting of the
council to be held not later than October 1, 1997.
    (c)  The council  shall  review  policies  and
practices of individual  agencies and the Judicial
Department  concerning substance  abuse  treatment
programs, substance abuse prevention services, the
referral of persons to such programs and services,
and criminal justice  sanctions  and  programs and
shall  develop  and   coordinate   a   state-wide,
interagency, integrated plan for such programs and
services  and criminal  sanctions.  On  or  before
January fifteenth of  each year, the council shall
submit a report  to  the  Governor and the General
Assembly that evaluates  the  plan  and recommends
any  proposed  changes   thereto.  In  the  report
submitted  on or  before  January  15,  1998,  the
council shall report on the progress made by state
agencies in implementing  the  recommendations  of
its predecessor, the  Connecticut Alcohol and Drug
Policy  Council  established  by  Executive  Order
Number 11A, set  forth in its initial report dated
February 25, 1997.
    Sec. 36. (a)  The  University  of  Connecticut
Health Center shall  report,  on or before January
1, 1999, to  the  joint standing committees of the
General  Assembly  having  cognizance  of  matters
relating   to   public   health,   judiciary   and
appropriations on the  quality of care provided to
sero-positive patients in  their  care. The report
shall include: The  adoption  of protocols and the
steps   taken  to   assure   the   protection   of
confidentiality    of    HIV     status;    speedy
accessibility   of  pharmaceutical   preparations,
including, but not  limited to, protease inhibitor
necessary for the  preservation  of life; training
of  all  health   care   providers  and  assistive
personnel,   including   regular   employees   and
contract  employees;  universal   precautions   to
prevent transmission of  blood  borne disease; and
the experiences of direct clinical and supervisory
staff in managing AIDS.
    (b)  The  University   of  Connecticut  Health
Center and its  affiliates  shall provide with her
consent, each sero-positive  women  in the custody
of the Department of Correction with a pap test at
least once every  six  months for the detection of
lesions  and opportunistic  infections  and  shall
make medications available  on  a consistent basis
consistent with medical  advice  necessary for the
preservation of life to HIV sero-positive persons.
    Sec. 37. Section  46 of public act 97-8 of the
June  18  special  session  is  repealed  and  the
following is substituted in lieu thereof:
    As used in  sections  46  to 51, inclusive, of
[this act] PUBLIC ACT 97-8:
    (1) "Commissioner" means  the  Commissioner of
Mental Health and Addiction Services.
    (2)  "Center"  means  the  Connecticut  Mental
Health  Center  established  pursuant  to  section
17a-459  AND  THE  CAPITAL  REGION  MENTAL  HEALTH
CENTER.
    Sec.  38.  Section   19a-1d   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  In  accordance  with  the  provisions  of
sections 4-5 to 4-8, inclusive, the Governor shall
appoint a Commissioner of Public Health, who shall
be the administrative head of the department. Said
commissioner  shall either  (1)  be  a  physician,
graduated  by  an   acceptable   medical  college,
recognized by one  of the medical examining boards
of this state,  experienced  in actual practice of
his profession, skilled  in  sanitary  science and
experienced in public  health  administration  and
shall have had a minimum of one year of university
graduate    instruction    in     public    health
administration as evidenced  by  a  certificate of
graduation or a degree in public health [,] OR (2)
hold a graduate  degree  in public health. [or (3)
have a master's  degree  in  a field pertaining to
public  administration, public  policy  or  public
health  and a  minimum  of  ten  years  management
experience in the  field  of  public  health.]  He
shall not engage in any other occupation.
    (b)     NOTWITHSTANDING    THE     EDUCATIONAL
REQUIREMENTS OF SUBSECTION  (a) OF THIS SECTION, A
COMMISSIONER WHO HAS  BEEN  APPOINTED PRIOR TO THE
EFFECTIVE DATE OF  THIS  SECTION  MAY  CONTINUE TO
SERVE  AS COMMISSIONER  AND  MAY  CONTINUE  TO  BE
REAPPOINTED AND CONFIRMED  FOR  CONSECUTIVE  TERMS
AFTER THE EFFECTIVE DATE OF THIS SECTION.
    Sec. 39. This  act  shall  take effect July 1,
1998.

Approved June 8, 1998