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Substitute House Bill No. 7000

Public Act No. 15-182

AN ACT CONCERNING THE DEPARTMENT OF ADMINISTRATIVE SERVICES, EXAMINATIONS FOR STATE EMPLOYMENT AND STATE WORKERS' COMPENSATION PAYMENTS TO REFERRING PRACTITIONERS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 5-217 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

The Commissioner of Administrative Services shall specify, at the time any candidate list is promulgated, the period during which such list shall remain in force. In no case shall a candidate list remain in force for a period of less than three months or more than one year, [provided] except (1) such period may be extended not more than [one year] two years by the commissioner as appropriate based upon the needs of the state, [except that extensions concerning] and (2) candidate lists for continuous recruitment examinations shall be based on the needs of the service.

Sec. 2. Subsection (b) of section 5-219 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

(b) The commissioner may charge any person not employed by the state a reasonable fee for taking an examination, provided such fee shall not exceed the cost of developing and administering such examination. The commissioner may waive any such fee for any person who applies, in the form and manner prescribed by the commissioner, for a waiver of such fee and demonstrates that he or she is financially unable to pay such fee. [The] Before charging any fees authorized by this subsection, the commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to [carry out the purposes of this subsection] establish reasonable fees.

Sec. 3. Section 5-227b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

(a) Examinations for positions may be waived by the Commissioner of Administrative Services under any of the following conditions: (1) Where the possession of a professional license [,] or degree or satisfactory completion of an accreditation, certificate or licensure program is a mandatory requirement for appointment or promotion to a position in state service; (2) where the appointment or promotion to a job classification that is utilized by a single state agency is limited in number and has few vacancies in the professional or managerial series; (3) when the qualifications for a position within the managerial class are so specialized or unique that an examination for a general job classification would not result in a list of candidates possessing such qualifications and would not be cost effective; or (4) when the number of applicants meeting the minimum qualifications for admission to an announced promotional examination is five or less.

(b) If the commissioner has granted a waiver of examination in accordance with subsection (a) of this section, the commissioner may delegate to a department head the authority to recruit for such position [. A] pursuant to a delegation plan, except no delegation plan shall be required for such delegation in the case of a waiver of examination granted pursuant to subdivision (1) of subsection (a) of this section. For waivers of examination granted pursuant to subdivisions (2) to (4), inclusive, of subsection (a) of this section, the department head shall submit a delegation plan to the commissioner, and the commissioner may grant a full or partial delegation [may be granted] to the department head. [under a] The department head shall obtain the commissioner's approval of the delegation plan [that shall be approved in advance by the commissioner] prior to undertaking any recruitment efforts. Any such delegation plan shall (1) include standards for the posting of positions with a minimum time period of not less than one week; (2) specify the manner in which such notice shall be posted; and (3) specify the procedures for accepting and rejecting applicants based upon the minimum required qualifications. Where the department head has identified a candidate suitable for appointment and prior to making a formal or informal offer of employment, such department head shall submit the application, any supporting documentation for such candidate and the applications of such additional candidates such department head deems eligible for appointment to the commissioner for certification that such preferred candidate has met the minimum qualifications of experience and training as set forth in the job specification. Once written certification is granted, the department head may make an offer of employment to the candidate certified by the commissioner.

(c) [All] Any recruitments performed by a department head pursuant to this section [shall] may be subject to post audit by the commissioner.

Sec. 4. Subsection (b) of section 31-284a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

(b) The Commissioner of Administrative Services may exclude from participation in the state workers' compensation managed care program any medical provider found, through a systematic program of utilization review, to exceed generally accepted standards of the scope, duration or intensity of services rendered to patients with similar diagnostic characteristics. [The state shall not make any payment to a facility owned in whole or in part by the referring practitioner. ]

Approved July 2, 2015