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statutes is repealed and the following is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