Connecticut Seal

General Assembly

File No. 774

    January Session, 2017

Substitute Senate Bill No. 246

Senate, May 17, 2017

The Committee on Appropriations reported through SEN. OSTEN of the 19th Dist. and SEN. FORMICA of the 20th Dist., Chairpersons of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING A STATE-WIDE WAITING LIST FOR RESIDENTIAL PLACEMENT FOR PERSONS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES.

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

Section 1. Subsection (e) of section 17a-210 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(e) Any person with intellectual disability, or the parent, guardian, conservator or other legal representative of such person, may request a hearing to contest the [priority] category assignment made by the department for persons seeking residential placement, residential services or residential support. A request for hearing shall be made, in writing, to the commissioner. Such hearing shall be conducted in accordance with the provisions of chapter 54.

Sec. 2. Section 17a-238a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) For purposes of this section:

(1) "Category" means the department's assessment of the urgency of an individual's need for funding or services from the department.

[(1)] (2) "Department" means the Department of Developmental Services.

[(2)] (3) "Level of need assessment" means the department's method of determining, through the use of a standardized screening tool, an individual's need for funding or services from the department.

[(3) "Priority status" means the department's assessment of the urgency of an individual's need for funding or services from the department.]

(4) "Planning and resource allocation team" means the department's staff members who are responsible for (A) establishing an individual's [priority status] category, (B) approving or denying an individual's request for funding or services, and (C) allocating resources to individuals receiving funding or services from the department.

(5) "Residential waiting list" means data maintained by the department that includes the number of individuals with intellectual disability who (A) have requested residential funding or services from the department, (B) have been determined by the department to be in need of such funding or services, and (C) are unable to receive such funding or services because of the department's inability to provide such funding or services within existing appropriations.

(b) An individual determined by the department to be eligible for funding or services from the department, or such individual's legal guardian or representative, may request and, if requested, shall obtain from the department a copy of (1) such individual's [priority status] category for residential funding or services, if the individual has an unmet need for residential services, (2) such individual's request for funding or services submitted to the regional planning and resource allocation team, and (3) any decision on the individual's request for funding or services made by the regional planning and resource allocation team. Additionally, any such individual who receives annual funding or services from the department, or such individual's legal guardian or representative, may request and, if requested, shall obtain from the department a copy of such individual's (A) individual plan, and (B) level of need assessment.

(c) The Commissioner of Developmental Services shall report [, in accordance with the provisions of section 11-4a,] on the department's web site at least annually [to the joint standing committees of the General Assembly having cognizance of matters relating to public health and appropriations and the budgets of state agencies] concerning the number of individuals determined by the department to be eligible for funding or services from the department and who (1) have unmet residential care needs, (2) have unmet employment opportunity and day service needs, or (3) are eligible for the department's behavioral services program and are waiting for a funding allocation.

(d) The commissioner shall develop and maintain one state-wide comprehensive residential waiting list. Such waiting list shall (1) be organized by geographic region, (2) identify the type of residential funding or services each individual is requesting, and (3) include the estimated time period that the residential funding or services would be accepted by such individual. The commissioner shall update such list not less than quarterly.

(e) On or before August 1, 2018, and at least annually thereafter, the commissioner or his or her designee shall, in consultation with (1) each individual with intellectual disability who is eligible to receive residential funding or services from the department and who has an individual plan, and (2) the individual's legal representative, if applicable, assess the individual's need for future residential funding or services from the department. Such assessment shall include an indication of the time period when each support or service would be accepted by such individual based on information collected at the annual meeting.

(f) On or before December 1, 2018, and at least annually thereafter, the commissioner or his or her designee, shall review the residential waiting list with the regional advisory councils, established pursuant to section 17a-30, and the Council on Developmental Services, established pursuant to section 17a-270.

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2018

17a-210(e)

Sec. 2

July 1, 2018

17a-238a

Statement of Legislative Commissioners:

In Section 2(d), "residential support services" was changed to "residential funding or services" and "residential funding or service" was changed to "residential funding or services" for internal consistency and in Section 2(e), "when" was inserted after "period" for clarity.

APP

Joint Favorable Subst.

 

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.


OFA Fiscal Note

State Impact: None

Municipal Impact: None

Explanation

The bill, which codifies current practices regarding the Department of Developmental Services statewide residential waiting list and makes other changes, has no fiscal impact. During FY 17, the agency worked with stakeholders on the statewide residential waiting list and developed new categories and definitions of needs that went into effect March 1, 2017.

The Out Years

State Impact: None

Municipal Impact: None

Sources:

DDS Management Information Report

 

DDS Testimony

OLR Bill Analysis

sSB 246

AN ACT CONCERNING A STATE-WIDE WAITING LIST FOR RESIDENTIAL PLACEMENT FOR PERSONS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES.

SUMMARY

This bill makes various changes affecting the Department of Developmental Services (DDS) and individuals with intellectual disability.

As under current practice, the bill requires the DDS commissioner to maintain one statewide, comprehensive residential waiting list for individuals with intellectual disability and update the list at least quarterly. It also requires the commissioner or his designee to do the following:

The bill also makes conforming changes.

EFFECTIVE DATE: July 1, 2018

DDS RESIDENTIAL WAITING LIST

The bill defines “residential waiting list” as data DDS maintains with the number of individuals with intellectual disability who:

The bill requires the commissioner to develop and maintain one statewide comprehensive residential waiting list and update it at least quarterly. (In practice, DDS currently does this.) The bill specifies that the waiting list must (1) be organized by geographic region, (2) identify the type of residential funding or services each individual is requesting, and (3) include the estimated period that the funding or services would be accepted by the individual.

ANNUAL ASSESSMENT OF FUTURE NEEDS

Starting by August 1, 2018, the bill requires the DDS commissioner or his designee to annually assess the need for future DDS residential funding or services for each individual with intellectual disability who is eligible for DDS residential funding or services from DDS and who has an individual plan (presumably, the plan DDS prepares for individuals who receive DDS supports or services). The commissioner or designee must do so in consultation with the individual and his or her legal representative, if applicable.

The bill requires the assessment to indicate the period when each support or service would be accepted by the individual, based on information collected at the annual meeting.

“CATEGORY” FOR RESIDENTIAL SERVICES

Under current law, individuals DDS determines as eligible for department funding or services, or their legal guardians or representatives, may obtain from DDS a copy of the individual's “priority status” for residential services if the individual has an unmet need for such services. The bill substitutes the term “category” for “priority status” for this purpose, and retains the existing definition (the department's assessment of the urgency of an individual's need for DDS funding or services). It specifies that such individuals or their legal guardians or representatives may obtain a copy of their category for residential funding as well as residential services.

The bill makes a similar change in terminology in another law that allows individuals with intellectual disability, or their legal representatives, to request a hearing to contest DDS' priority assignment of individuals seeking residential services.

REPORTING REQUIREMENT

Current law requires the DDS commissioner to report annually to the Appropriations and Public Health committees on the number of individuals it determines are eligible for DDS funding or services and who (1) have unmet residential care or employment opportunity and day service needs or (2) are eligible for DDS's behavioral services program and are waiting for funding. The bill instead requires the commissioner to annually report this information on the department's website.

BACKGROUND

Legislative History

The Senate referred the bill (File 604) to the Appropriations Committee, which reported a substitute. Among other things, the substitute bill:

Related Bill

sSB 39 (File 602), reported favorably by the Public Health Committee, makes various changes regarding DDS services, such as requiring the department to provide in-home support services to individuals and families on a DDS waiting list, or those seeking DDS services, by using employees who complete the department's Training Academy for Family Support program to deliver these services.

COMMITTEE ACTION

Public Health Committee

Joint Favorable

Yea

26

Nay

0

(03/27/2017)

Appropriations Committee

Joint Favorable Substitute

Yea

47

Nay

0

(05/08/2017)

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