Chapter 319b

Sec. 17a-210a. Ombudsperson. (a) There is established an independent ombudsperson office within the Department of Developmental Services that is responsible for receiving and making recommendations to the commissioner for resolving complaints affecting individuals under the care or supervision of the department or of any public or private agency with which the department has contracted for the provision of services.

(b) The director of the ombudsperson office shall be appointed by the Governor, with the approval of the General Assembly. Said director shall be an elector of the state with expertise and experience in the fields of developmental services and advocacy for the rights of the individuals specified in subsection (a) of this section and shall be exempt from the classified service.

(c) The Governor shall appoint the director of the ombudsperson office from a list of candidates prepared and submitted to the Governor by the Council on Developmental Services, established by section 17a-270. The Governor shall notify the council of the pending expiration of the term of an incumbent ombudsperson not less than ninety days prior to the final day of the ombudsperson's term in office. If a vacancy occurs in the position of ombudsperson, the Governor shall notify the council immediately of the vacancy. The council shall meet to consider qualified candidates for the position of ombudsperson and shall submit a list of not more than five candidates to the Governor ranked in order of preference, not more than sixty days after receiving notice from the Governor of the pending expiration of the ombudsperson's term or the occurrence of a vacancy. The Governor shall designate, not more than sixty days after receipt of the list of candidates from the council, one candidate from the list for the position of ombudsperson. If, after the list is submitted to the Governor by the council, any candidate withdraws from consideration, the Governor shall designate a candidate from those remaining on the list. If the Governor fails to designate a candidate within sixty days of receipt of the list from the council, the council shall refer the candidate with the highest ranking on the list to the General Assembly for confirmation. If the General Assembly is not in session at the time of the Governor's or council's designation of a candidate, the candidate shall serve as the acting ombudsperson until the General Assembly meets and confirms the candidate as ombudsperson. A candidate serving as acting ombudsperson shall be entitled to compensation and have all the powers, duties and privileges of the ombudsperson. An ombudsperson shall serve a term of four years, not including any time served as acting ombudsperson, and may be reappointed by the Governor or shall remain in the position until a successor is appointed pursuant to this subsection. Although an incumbent ombudsperson may be reappointed, the Governor shall also consider additional candidates from a list submitted by the council as provided in this section.

(d) The director of the ombudsperson office shall report monthly to the Council on Developmental Services and, in accordance with the provisions of section 11-4a, annually to the joint standing committee of the General Assembly having cognizance of matters relating to public health.

(P.A. 99-271, S. 1, 2; P.A. 02-89, S. 25; P.A. 04-211, S. 3; P.A. 05-256, S. 3; P.A. 07-73, S. 2(a); P.A. 08-7, S. 2; P.A. 18-32, S. 2; P.A. 23-111, S. 1.)

History: P.A. 99-271 effective July 1, 1999; P.A. 02-89 deleted as obsolete former Subsec. (c) requiring the commissioner to convene by September 1, 1999, a special selection committee for advice and recommendations in the hiring or appointment of the director; P.A. 04-211 amended Subsec. (a) to require establishment of office, changed name from “ombudsperson” to “ombudsman” throughout, added new Subsec. (b) requiring director of ombudsman office be appointed by Governor and be elector of state with expertise and experience in fields of mental retardation and advocacy for rights of consumers, added new Subsec. (c) establishing procedure for appointment of new director upon vacancy of office by person serving in position on July 1, 2004, and redesignated existing Subsec. (b) as Subsec. (d), making technical changes therein, effective July 1, 2004; P.A. 05-256 amended Subsec. (c) to require ombudsman to remain in position until successor appointed; pursuant to P.A. 07-73 “Department of Mental Retardation” was changed editorially by the Revisors to “Department of Developmental Services”, effective October 1, 2007; P.A. 08-7 amended Subsec. (b) by changing “mental retardation” to “developmental services” and amended Subsecs. (c) and (d) by renaming Council on Mental Retardation as Council on Developmental Services, effective April 29, 2008; P.A. 18-32 amended Subsecs. (a) and (b) by replacing “consumers” with “individuals”, effective July 1, 2018; P.A. 23-111 deleted provision re appointment upon the vacancy of the director of the ombudsman office by the person serving in such position on July 1, 2004, in Subsec. (c) and made technical changes throughout, effective June 26, 2023.

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Sec. 17a-211g. Employment of transition advisors. The Commissioner of Developmental Services shall employ, within available appropriations, a sufficient number of transition advisors to provide transition services, as defined in section 10-74o, for children requiring special education who may be eligible to receive services from the Department of Developmental Services as determined through a planning and placement team meeting pursuant to subdivision (9) of subsection (a) of section 10-76d.

(P.A. 23-137, S. 43.)

History: P.A. 23-137 effective July 1, 2023.

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Sec. 17a-215. (Formerly Sec. 19a-462). Department of Social Services designated as lead agency for autism spectrum disorder services. Section 17a-215 is repealed, effective June 12, 2023.

(P.A. 79-448; P.A. 07-73, S. 2(a); P.A. 11-4, S. 1; 11-16, S. 5; May Sp. Sess. P.A. 16-3, S. 47; P.A. 23-204, S. 443.)

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Sec. 17a-215c. Division of Autism Spectrum Disorder Services within Department of Social Services. Services and programs for state residents diagnosed with autism spectrum disorder. (a) There is established a Division of Autism Spectrum Disorder Services within the Department of Social Services to oversee the operation of Medicaid state plan services and the Medicaid waiver program for autism spectrum disorder services.

(b) The Department of Social Services may adopt regulations, in accordance with chapter 54, to define the term “autism spectrum disorder”, establish eligibility standards and criteria for the receipt of services by any resident of the state diagnosed with autism spectrum disorder, regardless of age, and data collection, maintenance and reporting processes. The Commissioner of Social Services may implement policies and procedures necessary to administer the provisions of this section prior to adoption of such regulations, provided the commissioner shall publish notice of intent to adopt such regulations not later than twenty days after implementation of such policies and procedures. Any such policies and procedures shall be valid until such regulations are adopted.

(c) The case records of the Division of Autism Spectrum Disorder Services maintained by the division for any purpose authorized pursuant to this section shall be subject to the same confidentiality requirements, under state and federal law, that govern all client records maintained by the Department of Social Services.

(d) The Commissioner of Social Services may seek approval of an amendment to the Medicaid state plan or a waiver from federal law, whichever is sufficient and most expeditious, to establish and implement a Medicaid-financed home and community-based program to provide community-based services and, if necessary, housing assistance, to adults diagnosed with autism spectrum disorder but not with intellectual disability.

(e) The Commissioner of Social Services, in consultation with the Autism Spectrum Disorder Advisory Council, shall designate services and interventions that demonstrate, in accordance with medically established and research-based best practices, empirical effectiveness for the treatment of autism spectrum disorder. The commissioner shall update such designations periodically and whenever the commissioner deems it necessary to conform to changes generally recognized by the relevant medical community in evidence-based practices or research.

(P.A. 07-73, S. 2(a), (b); June Sp. Sess. P.A. 07-4, S. 109–111, 113, 114; P.A. 11-4, S. 2; 11-48, S. 285; P.A. 13-20, S. 1; June Sp. Sess. P.A. 15-5, S. 351; May Sp. Sess. P.A. 16-3, S. 48; P.A. 23-204, S. 263.)

History: June Sp. Sess. P.A. 07-4 effective June 29, 2007; pursuant to P.A. 07-73 “Commissioner of Mental Retardation” and “Department of Mental Retardation” were changed editorially by the Revisors to “Commissioner of Developmental Services” and “Department of Developmental Services”, effective October 1, 2007; P.A. 11-4 substituted “autism spectrum disorder” for “autism” and related terms, substituted “Division of Autism Spectrum Disorder Services” for “Division of Autism Spectrum Services”, amended Subsec. (b) by adding “diagnosed,” amended Subsec. (c) by substituting “Autism-specific early intervention services” for “Autism-Specific Early Intervention Program, (AEI)”, by eliminating requirement that child under three be previously placed in birth-to-three program in order to receive services and by making technical changes, amended Subsec. (e) by substituting “may” for “shall” re recommendations to Governor and General Assembly, amended Subsecs. (f) and (i) by substituting “intellectual disability” for “mentally retarded” and “mental retardation”, amended Subsec. (g) by eliminating requirement that division develop an education and training initiative eligible for receipt of federal funding and amended Subsec. (k) by removing reference to repealed Sec. 17a-215b and making a corresponding technical change, effective May 9, 2011; pursuant to P.A. 11-48, “Department of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education” in Subsec. (g), effective July 1, 2011; P.A. 13-20 amended Subsec. (k) by substituting reference to Autism Spectrum Disorder Advisory Council for reference to independent council; June Sp. Sess. P.A. 15-5 added Subsec. (l) re designation of services and interventions, effective June 30, 2015; May Sp. Sess. P.A. 16-3 replaced references to Department of Developmental Services and Commissioner of Developmental Services with references to Department of Social Services and Commissioner of Social Services, respectively, amended Subsec. (b) by replacing “shall” with “may” in provision re adoption of regulations, amended Subsec. (e) by deleting “On or before February 1, 2009, and annually thereafter,” and replacing reference to public health committee with reference to human services committee in provision re recommendations concerning legislation and funding, amended Subsecs. (i) and (j) to delete provisions re consultation with Commissioner of Developmental Services, further amended Subsec. (j) to replace reference to public health committee with reference to human services committee in provision re report, and made conforming changes, effective July 1, 2016; P.A. 23-204 amended Subsec. (a) by inserting oversight re Medicaid state plan and waiver services, deleted Subsecs. (c) to (g) and (j) and (k) re duties and lead agency designation, redesignated existing Subsecs. (h), (i) and (l) as new Subsecs. (c), (d) and (e) and made technical changes, effective July 1, 2023.

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Sec. 17a-215d. Autism Spectrum Disorder Advisory Council. Section 17a-215d is repealed, effective June 12, 2023.

(P.A. 13-20, S. 2; P.A. 14-143, S. 4; May Sp. Sess. P.A. 16-3, S. 49; P.A. 17-96, S. 8; P.A. 18-23, S. 1; 18-55, S. 10; P.A. 19-157, S. 38; P.A. 21-66, S. 1; P.A. 22-53, S. 1; P.A. 23-204, S. 443.)

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Sec. 17a-215e. Annual report on Division of Autism Spectrum Disorder Services and Autism Spectrum Disorder Advisory Council. Not later than February 1, 2017, and annually thereafter, the Commissioner of Social Services shall report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to human services concerning the activities of the Department of Social Services' Division of Autism Spectrum Disorder Services, established pursuant to section 17a-215c, and the Autism Spectrum Disorder Advisory Council, established pursuant to section 17a-215j. Such report shall include, but not be limited to: (1) The number and ages of persons with autism spectrum disorder who are served by the Department of Social Services' Division of Autism Spectrum Disorder Services and, when practicable to report, the number and ages of such persons who are served by other state agencies; (2) the number and ages of persons with autism spectrum disorder on said division's waiting list for Medicaid waiver services; (3) the type of Medicaid waiver services currently provided by the department to persons with autism spectrum disorder; (4) a description of the unmet needs of persons with autism spectrum disorder on said division's waiting list; (5) the projected estimates for a five-year period of the costs to the state due to such unmet needs; (6) measurable outcome data for persons with autism spectrum disorder who are eligible to receive services from said division, including, but not limited to, (A) the number of such persons who are enrolled in postsecondary education, (B) the employment status of such persons, and (C) a description of such persons' living arrangements; and (7) a description of new initiatives and proposals for new initiatives that are under consideration.

(P.A. 15-209, S. 5; May Sp. Sess. P.A. 16-3, S. 59; P.A. 23-204, S. 279.)

History: P.A. 15-209 effective July 1, 2015; May Sp. Sess. P.A. 16-3 replaced “February 1, 2016” with “February 1, 2017”, replaced references to public health committee with references to human services committee and replaced “Commissioner of Developmental Services” and “Department of Developmental Services” with “Commissioner of Social Services” and “Department of Social Services”, respectively, effective July 1, 2016; P.A. 23-204 replaced reference to Sec. 17a-215d with reference to Sec. 17a-215j, effective July 1, 2023.

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Sec. 17a-215g. Medicaid waiver program for persons with autism spectrum disorder. Reduction of waiting list. Required reporting. (a) The Commissioner of Social Services, in consultation with the Secretary of the Office of Policy and Management and within available appropriations, shall expand the Medicaid waiver program for persons with autism spectrum disorder to reduce the number of persons on a waiting list to receive services under the program.

(b) Not later than January 1, 2024, and annually thereafter, the state-wide coordinator of programs and services provided by state agencies for individuals with autism spectrum disorder, appointed pursuant to section 4-67bb, shall file a report, in accordance with the provisions of section 11-4a and in consultation with the Commissioner of Social Services, on (1) the number of persons waiting for services in the program, (2) the number of underserved persons in the program waiting for additional services, (3) the number of persons added and subtracted from the waiting list in the previous calendar year, (4) whether such waiting list has increased or decreased over the previous calendar year and, if so, by how may persons, and (5) recommendations to further reduce the waiting list and associated costs with the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and human services.

(P.A. 23-137, S. 5.)

History: P.A. 23-137 effective July 1, 2023.

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Sec. 17a-215h. Compensation of family caregivers in Medicaid waiver programs for clients of the Department of Developmental Services. (a) As used in this section, (1) “legally responsible relative” means a spouse, parent or legal guardian of a person enrolled in a Medicaid waiver program, and (2) “Medicaid waiver program” means any of the three programs established under Section 1915(c) of the Social Security Act to provide home and community-based services to clients of the Department of Developmental Services.

(b) Not later than November 1, 2023, the Commissioner of Social Services, in consultation with the Commissioner of Developmental Services, shall amend the current Medicaid waiver programs to authorize compensation for family caregivers providing personal care assistance services to participants in the Medicaid waiver programs, including, but not limited to, family caregivers who are legally responsible relatives. Such amendment shall be implemented upon approval from the Centers for Medicare and Medicaid Services. For purposes of this section, “family caregiver” means a caregiver related by blood or marriage or a legal guardian of a participant in a Medicaid waiver program.

(P.A. 23-137, S. 60; 23-204, S. 171.)

History: P.A. 23-137 effective June 27, 2023; P.A. 23-204 amended Subsec. (b) by replacing requirement to apply for a Medicaid waiver with requiring an amendment to current Medicaid waiver programs to be implemented upon federal approval, effective June 12, 2023.

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Sec. 17a-215i. Office of Policy and Management lead agency for autism spectrum disorder services. (a) The Office of Policy and Management shall serve as the lead agency to coordinate, where possible, with the state agencies that have responsibility for providing services to persons diagnosed with autism spectrum disorder.

(b) The Office of Policy and Management may examine and make recommendations regarding the delivery of appropriate and necessary services and programs for all residents of the state with autism spectrum disorder. Such services and programs may include, but need not be limited to: (1) Autism-specific early intervention services for any child under the age of three diagnosed with autism spectrum disorder; (2) education, recreation, habilitation, vocational and transition services for individuals age three to twenty-two, inclusive, diagnosed with autism spectrum disorder; (3) services for adults over the age of twenty-two diagnosed with autism spectrum disorder; (4) housing assistance for individuals diagnosed with autism spectrum disorder; (5) services that address the intersection of autism services and the criminal justice system; (6) coverage of autism services under commercial insurance and by other payors; (7) workforce training specific to autism spectrum disorder; and (8) related autism spectrum disorder services deemed necessary by the Secretary of the Office of Policy and Management.

(c) The Office of Policy and Management shall serve as the lead state agency for the purpose of the federal Combating Autism Act, P.L. 109-416, as amended from time to time, and for applying for and receiving funds and performing any related responsibilities concerning autism spectrum disorder that are authorized pursuant to any state or federal law.

(d) The Office of Policy and Management may make recommendations to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to human services, public health and appropriations and the budgets of state agencies concerning legislation and funding required to provide necessary services to persons diagnosed with autism spectrum disorder.

(e) The Office of Policy and Management shall research and locate possible funding streams for the continued development and implementation of services for persons diagnosed with autism spectrum disorder.

(P.A. 23-204, S. 261.)

History: P.A. 23-204 effective July 1, 2023.

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Sec. 17a-215j. Autism Spectrum Disorder Advisory Council. Establishment. Membership. Duties. (a) There shall be an Autism Spectrum Disorder Advisory Council which shall consist of the following members: (1) The Commissioner of Social Services, or the commissioner's designee; (2) the Commissioner of Children and Families, or the commissioner's designee; (3) the Commissioner of Education, or the commissioner's designee; (4) the Commissioner of Mental Health and Addiction Services, or the commissioner's designee; (5) the Commissioner of Public Health, or the commissioner's designee; (6) the Commissioner of Aging and Disability Services, or the commissioner's designee; (7) the Commissioner of Developmental Services, or the commissioner's designee; (8) the Commissioner of Early Childhood, or the commissioner's designee; (9) the Secretary of the Office of Policy and Management, or the secretary's designee; (10) two persons with autism spectrum disorder, one each appointed by the Governor and the speaker of the House of Representatives; (11) two persons who are parents or guardians of a child with autism spectrum disorder, one each appointed by the Governor and the minority leader of the Senate; (12) two persons who are parents or guardians of an adult with autism spectrum disorder, one each appointed by the president pro tempore of the Senate and the majority leader of the House of Representatives; (13) two persons who are advocates for persons with autism spectrum disorder, one each appointed by the Governor and the speaker of the House of Representatives; (14) two persons who are licensed professionals working in the field of autism spectrum disorder, one each appointed by the Governor and the majority leader of the Senate; (15) two persons who provide services for persons with autism spectrum disorder, one each appointed by the Governor and the minority leader of the House of Representatives; (16) two persons who shall be representatives of an institution of higher education in the state with experience in the field of autism spectrum disorder, one each appointed by the Governor and the president pro tempore of the Senate; (17) the executive director of the nonprofit entity designated by the Governor in accordance with section 46a-10b to serve as the Connecticut protection and advocacy system for persons with disabilities, or the executive director's designee; and (18) one person who is a physician who treats or diagnoses persons with autism spectrum disorder, appointed by the Governor.

(b) The council shall have three chairpersons who shall be elected by the members of the council, provided not less than two of the persons elected as chairpersons by the members of the council shall be: (1) A person with autism spectrum disorder appointed pursuant to subdivision (10) of subsection (a) of this section, (2) a parent or guardian of a child with autism spectrum disorder appointed pursuant to subdivision (11) of subsection (a) of this section, or (3) a parent or guardian of an adult with autism spectrum disorder appointed pursuant to subdivision (12) of subsection (a) of this section.

(d) The council shall make rules for the conduct of its affairs. The council shall meet not less than four times per year and at such other times as requested by the chairpersons. Council members shall serve without compensation.

(e) The council shall advise the Secretary of the Office of Policy and Management concerning policies and programs for persons with autism spectrum disorder and recommendations to improve coordination and address gaps in autism services.

(P.A. 23-204, S. 262.)

History: P.A. 23-204 effective July 1, 2023.

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Sec. 17a-217. (Formerly Sec. 19a-464). Programs for children and adults with intellectual disability. Funding. (a) The Department of Developmental Services shall develop day camp programs and recreational programs for children and adults with intellectual disability. Any nonprofit organization that establishes or maintains day camp programs or recreational programs for children or adults with intellectual disability may apply to the Department of Developmental Services for funds to be used to assist in establishing, maintaining or expanding such programs. For the purposes of this section: (1) A day camp program may provide children or adults with intellectual disability with a supervised program of outdoor activities that may be conducted during all or part of the months of June, July, August and September; and (2) a recreational program may provide planned and supervised recreational activities for children or adults with intellectual disability, which activities may be of a social, athletic or purely diversionary nature and which programs shall be considered separate and apart from the day camp program described in subdivision (1) of this subsection.

(b) No grant made under this section to assist in establishing, maintaining or expanding any program set forth in subsection (a) of this section shall exceed the ordinary and recurring annual operating expenses of such program, nor shall any grant be made to pay for all or any part of capital expenditures. The Department of Developmental Services shall: (1) Define minimum requirements to be met by each program in order to be eligible to receive funds as provided for by this section in regard to qualification and number of staff members and program operation, including, but not limited to, physical plant and record keeping; (2) establish procedures to be used in making application for such funds; and (3) adopt regulations, in accordance with chapter 54, governing the granting of funds to assist in the establishment of day camp programs and recreational programs for persons with intellectual disability. Upon receipt of proper application, the Department of Developmental Services, within available appropriations, may grant such funds, provided the plans for financing and the standards of operation of such programs shall be approved by the department in accordance with the provisions of this section. For the purpose of developing such programs, the department may accept grants from the federal government, a municipality or any other source.

(1959, P.A. 148, S. 33; 1971, P.A. 719, S. 1; P.A. 75-638, S. 12, 23; P.A. 76-340, S. 1; P.A. 79-171, S. 1; June Sp. Sess. P.A. 91-11, S. 1, 25; P.A. 01-195, S. 125, 181; P.A. 07-73, S. 2(a); P.A. 11-16, S. 6; P.A. 23-111, S. 2.)

History: 1971 act added provision making retired circuit court judges state referees and replaced references to superior court with “court from which case was referred”; P.A. 75-638 replaced office of mental retardation and department of health with department of mental retardation; P.A. 76-340 changed wording re eligible nonprofit organization in Subsec. (a) slightly; Sec. 19-4d transferred to Sec. 19-571 in 1977; P.A. 79-171 deleted reference to children judged inadmissible to special classes and school-excluded children in Subsec. (a)(1)(A) and allowed department to accept federal, municipal or other grants in Subsec. (b); Sec. 19-571 transferred to Sec. 19a-464 in 1983; Sec. 19a-464 transferred to Sec. 17a-217 in 1991; June Sp. Sess. P.A. 91-11 amended Subsec. (b) to make funding by the department subject to available appropriations; P.A. 01-195 made technical changes, effective July 11, 2001; pursuant to P.A. 07-73 “Department of Mental Retardation” was changed editorially by the Revisors to “Department of Developmental Services”, effective October 1, 2007; P.A. 11-16 substituted “intellectual disability” for “mental retardation” and made a technical change, effective May 24, 2011; P.A. 23-111 deleted former Subsec. (a)(1) re day care programs, redesignated existing Subsecs. (a)(2) and (a)(3) as Subsecs. (a)(1) and (a)(2), deleted references to day care programs throughout, and made technical and conforming changes, effective June 26, 2023.

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Sec. 17a-227a. State and national criminal history records checks for applicants made an offer of conditional employment. (a) The Commissioners of Developmental Services and Administrative Services shall require each applicant who has been made an offer of conditional employment by the Department of Developmental Services to be fingerprinted and submit to state and national criminal history records checks. The criminal history records checks required by this section shall be conducted in accordance with section 29-17a. Employment by the department shall be considered conditional until the results of the criminal history records checks are received and reviewed by the department.

(b) The Commissioner of Developmental Services may require providers licensed or funded by the department to provide residential, day or support services to persons with intellectual disability, to require each applicant who has been made an offer of conditional employment and will have direct and ongoing contact with persons and families receiving such services to submit to a check of such applicant's state criminal background. If the Department of Developmental Services requires such providers to have such applicants who have been made an offer of conditional employment submit to such checks, the administrative costs associated with such checks shall be considered an allowable cost on the annual cost report. Employment by a provider licensed or funded by the department shall be considered conditional until the results of the background checks have been received and reviewed by the provider.

(P.A. 03-203, S. 1; P.A. 07-73, S. 2(a), (b); P.A. 11-16, S. 14; P.A. 18-168, S. 52; P.A. 19-118, S. 25; P.A. 23-204, S. 105.)

History: Pursuant to P.A. 07-73 “Commissioner of Mental Retardation” and “Department of Mental Retardation” were changed editorially by the Revisors to “Commissioner of Developmental Services” and “Department of Developmental Services”, effective October 1, 2007; P.A. 11-16 amended Subsecs. (a) and (b) by substituting “intellectual disability” for “mental retardation”, effective May 24, 2011; P.A. 18-168 amended Subsec. (a) by replacing “submit to a check of such applicant's state criminal background” with “be fingerprinted and submit to state and national criminal history records checks” and adding provisions re conducting such checks in accordance with Sec. 29-17a and adding provision re employment conditional until results of criminal history records checks received and reviewed, amended Subsec. (b) by replacing “private sector service providers under contract with or licensed” with “providers licensed or funded”, and adding provision re employment conditional until results of background checks received and reviewed, and deleted Subsec. (c) re not hiring until results of checks are available; P.A. 19-118 amended Subsec. (a) by replacing “for employment in a Department of Developmental Services program that provides direct services to persons with intellectual disability” with “who has been made an offer of conditional employment by the department” and amended Subsec. (b) by deleting “for employment” and adding provisions re offer of conditional employment, effective July 1, 2019; P.A. 23-204 amended Subsec. (a) by adding reference to Commissioner of Administrative Services and making a conforming change and amended Subsec. (b) by making conforming changes, effective June 12, 2023.

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Sec. 17a-238b. Medicaid waiver programs. Waiting list reduction. Required reporting. The Commissioner of Developmental Services, in consultation with the Commissioner of Social Services and the Secretary of the Office of Policy and Management, shall reduce waiting lists for services in Medicaid waiver programs established under Section 1915(c) of the Social Security Act and administered by the Department of Developmental Services. Not later than January 1, 2024, and annually thereafter, the staff person employed pursuant to section 4-67bb to help agencies coordinate programs and services for individuals who have an intellectual or developmental disability other than autism spectrum disorder shall file a report, in accordance with the provisions of section 11-4a and in consultation with the Commissioner of Developmental Services, on (1) the number of persons waiting for services in the waiver programs and the number of underserved persons waiting for additional services in the waiver programs, (2) the number of persons added to and subtracted from such waiting lists for the previous calendar year, and (3) whether such waiting lists have increased or decreased over the previous calendar year and, if so, by how may persons with the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, human services and public health.

(P.A. 23-137, S. 3.)

History: P.A. 23-137 effective July 1, 2023.

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Sec. 17a-248. Birth-to-three program. Definitions. As used in this section, sections 17a-248b to 17a-248g, inclusive, 17a-248m, 38a-490a and 38a-516a, unless the context otherwise requires:

(1) “Commissioner” means the Commissioner of Early Childhood.

(2) “Council” means the State Interagency Birth-to-Three Coordinating Council established pursuant to section 17a-248b.

(3) “Early intervention services” means early intervention services, as defined in 34 CFR Part 303.13, as from time to time amended.

(4) “Eligible children” means children (A) (i) from birth to thirty-six months of age, who are not eligible for special education and related services pursuant to sections 10-76a to 10-76h, inclusive, and (ii) thirty-six months of age or older, who are receiving early intervention services and are eligible or being evaluated for participation in preschool services pursuant to Part B of the Individuals with Disabilities Education Act, 20 USC 1411 et seq., until such children are enrolled in such preschool services, and (B) who need early intervention services because such children are:

(i) Experiencing a significant developmental delay as measured by standardized diagnostic instruments and procedures, including informed clinical opinion, in one or more of the following areas: Cognitive development; physical development, including vision or hearing; communication development; social or emotional development; or adaptive skills; or

(ii) Diagnosed as having a physical or mental condition that has a high probability of resulting in developmental delay.

(5) “Evaluation” means a multidisciplinary professional, objective assessment conducted by appropriately qualified personnel in order to determine a child's eligibility for early intervention services.

(6) “Individualized family service plan” means a written plan for providing early intervention services to an eligible child and the child's family.

(7) “Lead agency” means the Office of Early Childhood, the public agency responsible for the administration of the birth-to-three system in collaboration with the participating agencies.

(8) “Parent” means (A) a biological, adoptive or foster parent of a child; (B) a guardian, except for the Commissioner of Children and Families; (C) an individual acting in the place of a biological or adoptive parent, including, but not limited to, a grandparent, stepparent, or other relative with whom the child lives; (D) an individual who is legally responsible for the child's welfare; or (E) an individual appointed to be a surrogate parent.

(9) “Participating agencies” includes, but is not limited to, the Departments of Education, Social Services, Public Health, Children and Families and Developmental Services, the Office of Early Childhood, the Insurance Department and the Department of Aging and Disability Services.

(10) “Qualified personnel” means persons who meet the standards specified in 34 CFR Part 303.31, as from time to time amended, and who are licensed physicians or psychologists or persons holding a state-approved or recognized license, certificate or registration in one or more of the following fields: (A) Special education, including teaching of the blind and the deaf; (B) speech and language pathology and audiology; (C) occupational therapy; (D) physical therapy; (E) social work; (F) nursing; (G) dietary or nutritional counseling; and (H) other fields designated by the commissioner that meet requirements that apply to the area in which the person is providing early intervention services, provided there is no conflict with existing professional licensing, certification and registration requirements.

(11) “Service coordinator” means a person carrying out service coordination services, as defined in 34 CFR Part 303.34, as from time to time amended.

(12) “Primary care provider” means physicians and advanced practice registered nurses, licensed by the Department of Public Health, who are responsible for performing or directly supervising the primary care services for children enrolled in the birth-to-three program.

(P.A. 96-185, S. 1, 16; P.A. 00-27, S. 1, 24; P.A. 04-54, S. 1; P.A. 07-73, S. 2(a), (b); P.A. 10-93, S. 1; P.A. 11-44, S. 28; June 12 Sp. Sess. P.A. 12-1, S. 65; P.A. 13-20, S. 4; June Sp. Sess. P.A. 15-5, S. 259; P.A. 17-96, S. 14; P.A. 19-157, S. 39; June Sp. Sess. P.A. 21-2, S. 419; P.A. 23-101, S. 4; 23-160, S. 28.)

History: P.A. 96-185 effective July 1, 1996; P.A. 00-27 made technical changes, effective May 1, 2000; P.A. 04-54 added Subdiv. (13) defining “primary care provider”, effective May 4, 2004; pursuant to P.A. 07-73 “Commissioner of Mental Retardation” and “Department of Mental Retardation” were changed editorially by the Revisors to “Commissioner of Developmental Services” and “Department of Developmental Services”, effective October 1, 2007; P.A. 10-93 redefined “parent” in Subdiv. (8), deleted definition of “region” in former Subdiv. (11) and redesignated existing Subdivs. (12) and (13) as Subdivs. (11) and (12); P.A. 11-44 replaced “Board of Education and Services for the Blind” and “Commission on the Deaf and Hearing Impaired” with “Bureau of Rehabilitative Services”, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 amended Subdiv. (9) by replacing “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, effective July 1, 2012; P.A. 13-20 amended Subdiv. (3) to redefine “early intervention services” by substituting 34 CFR Part 303.13 for 34 CFR Part 303.12, amended Subdiv. (10) to redefine “qualified personnel” by substituting 34 CFR Part 303.31 for 34 CFR Part 303.12(e), and amended Subdiv. (11) to redefine “service coordinator” by substituting 34 CFR Part 303.34 for 34 CFR Part 303.22 and making a technical change; June Sp. Sess. P.A. 15-5 replaced “Developmental Services” with “Early Childhood” in Subdiv. (1), replaced “Department of Developmental Services” with “Office of Early Childhood” in Subdiv. (7), and added “the Office of Early Childhood” in Subdiv. (9), effective July 1, 2015; P.A. 17-96 amended Subdiv. (9) by deleting reference to Office of Protection and Advocacy for Persons with Disabilities and making technical changes, effective July 1, 2017; P.A. 19-157 amended Subdiv. (9) by replacing “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; June Sp. Sess. P.A. 21-2 amended Subdiv. (4) by designating existing provision re children from birth to 36 months of age who are not eligible for special education and related services as new Subpara. (A)(i), adding new Subpara. (A)(ii) re children 36 months of age or older who are receiving early intervention services and are eligible or being evaluated for participation in preschool services, designating existing provision re children who need early intervention services as new Subpara. (B), redesignating existing Subparas. (A) and (B) as Subparas. (B)(I) and (B)(II), and making conforming changes, effective July 1, 2021; P.A. 23-101 added reference to Sec. 17a-248m and redesignated Subdiv. (4)(B)(I) and (II) as Subdiv. (4)(B)(i) and (ii), effective July 1, 2023; P.A. 23-160 made technical changes in Subdiv. (4), effective June 28, 2023.

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Sec. 17a-248e. Screening of children ineligible for participation in preschool programs. Individualized family service plans. Duties of the lead agency. (a) Each eligible child and his or her family shall receive (1) a multidisciplinary assessment of the child's unique needs and the identification of services appropriate to meet such needs, (2) a written individualized family service plan developed by a multidisciplinary team, including the parent, within forty-five days after the referral, (3) review of the individualized family service plan with the family at least every six months, with evaluation of the individualized family service plan at least annually, and (4) not later than two months after the date on which any child is determined to be ineligible for participation in preschool programs under Part B of the Individuals with Disabilities Act, 20 USC 1471 et seq., a referral to register for a mobile application designated by the Commissioner of Early Childhood for the purpose of continued screening for developmental and social-emotional delays in partnership with the local or regional board of education for the school district in which such child resides pursuant to subparagraph (H) of subdivision (10) of subsection (a) of section 10-76d, provided a form used for screening for developmental and social-emotional delays using a validated screening tool, such as the Ages and Stages Questionnaire and the Ages and Stages Social-Emotional Questionnaire, or its equivalent, is provided to any family upon the request of such family for the purpose of completing and submitting such form to the local or regional board of education for the school district in which such child resides.

(b) The individualized family service plan shall be in writing and contain: (1) A statement of the child's present level of physical development, cognitive development, language and speech development and self-help skills, based on acceptable objective criteria; (2) a statement of the family's priority, resources and concerns relating to enhancing the development of the eligible child; (3) a statement of the major outcomes expected to be achieved for the child and the family and the criteria, procedures and timelines used to determine the degree to which progress toward achieving the outcomes are being made, and whether modifications or revisions of the outcomes are necessary; (4) a statement of specific early intervention services necessary to meet the unique needs of the eligible child and the family, including the frequency, intensity and the method of delivering services; (5) a statement of the natural environments in which the services shall be provided; (6) the projected dates for initiation of services and the anticipated duration of such services; (7) the name of the approved comprehensive service provider that will provide or procure the services specified in the individualized family service plan; (8) the name of the individual service coordinator from the profession most immediately relevant to the eligible child's or the family's needs who will be responsible for the implementation of the plan and coordination with the other agencies and providers or an otherwise qualified provider selected by a parent; and (9) the steps to be taken to support the transition of the child who is eligible for participation in preschool programs under Part B of the Individuals with Disabilities Act, 20 USC 1471 et seq., as appropriate. The individualized family service plan shall be translated into and provided in Spanish for any family whose primary language is Spanish.

(c) The individualized family service plan shall be signed by the child's pediatrician or a primary care provider or qualified personnel, as those terms are defined in section 17a-248.

(d) The lead agency may provide early intervention services, arrange for the delivery of early intervention services by participating agencies or contract with providers to deliver early intervention services to eligible children and the families of such children. The lead agency in providing, arranging or contracting for early intervention services shall monitor all birth-to-three service providers for quality and accountability in accordance with Section 616 of the Individuals with Disabilities Education Act, 20 USC 1416 and establish state-wide rates for such services.

(e) The individual service coordinator for an eligible child shall, not later than three months prior to the third birthday of such child, notify the parent or guardian of such child that the parent or guardian may meet, upon request, with the coordinator to discuss the contact information for the person responsible for the administration or coordination of special education services for the school district in which such child resides. Not later than three months prior to the third birthday of such child, the coordinator shall provide the person responsible for the administration or coordination of special education services for the school district in which such child resides with the individualized family service plan for such child.

(P.A. 96-185, S. 3, 16; P.A. 10-93, S. 4; P.A. 19-121, S. 11; P.A. 21-46, S. 27; P.A. 23-101, S. 5; 23-137, S. 50.)

History: P.A. 96-185 effective July 1, 1996; P.A. 10-93 deleted former Subsec. (d) re parent's ability to retain same service provider, redesignated existing Subsec. (e) as Subsec. (d) and amended same to add provisions re lead agency's ability to provide or arrange for delivery of early intervention services and lead agency's responsibilities to monitor providers for quality and accountability and establish state-wide rates for services and delete provisions applicable to services provided in 1996 and 1997; P.A. 19-121 amended Subsec. (c) by replacing “developed in consultation with the child's pediatrician or primary care physician” with “signed by the child's pediatrician or a primary care provider or qualified personnel, as those terms are defined in section 17a-248”, effective July 1, 2019; P.A. 21-46 amended Subsec. (a) by adding Subdiv. (4) re continued screening of children ineligible for participation in preschool programs under Part B of the Individuals with Disabilities Act, and making a technical change, effective July 1, 2021 (Revisor's note: In Subsec. (a), a reference to Sec. 10a-76d was changed editorially by the Revisors to Sec. 10-76d for accuracy); P.A. 23-101 amended Subsec. (b) by adding provision re individualized family service plans translated into and provided in Spanish, effective July 1, 2023; P.A. 23-137 added Subsec. (e) re provision of contact information for special education services administrator or coordinator and provision of individualized family service plan to such administrator or coordinators prior to a child's third birthday, effective July 1, 2023.

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Sec. 17a-248g. Birth-to-three funding. Fees for services prohibited. Insurance coverage. General administrative payments. (a) Subject to the provisions of this section, funds appropriated to the lead agency for purposes of section 17a-248, sections 17a-248b to 17a-248f, inclusive, this section and sections 38a-490a and 38a-516a shall not be used to satisfy a financial commitment for services that would have been paid from another public or private source but for the enactment of said sections, except for federal funds available pursuant to Part C of the Individuals with Disabilities Education Act, 20 USC 1431 et seq., except that whenever considered necessary to prevent the delay in the receipt of appropriate early intervention services by the eligible child or family in a timely fashion, funds provided under said sections may be used to pay the service provider pending reimbursement from the public or private source that has ultimate responsibility for the payment.

(b) Nothing in section 17a-248, sections 17a-248b to 17a-248f, inclusive, this section and sections 38a-490a and 38a-516a shall be construed to permit the Department of Social Services or any other state agency to reduce medical assistance pursuant to this chapter or other assistance or services available to eligible children. Notwithstanding any provision of the general statutes, costs incurred for early intervention services that otherwise qualify as medical assistance that are furnished to an eligible child who is also eligible for benefits pursuant to this chapter shall be considered medical assistance for purposes of payments to providers and state reimbursement to the extent that federal financial participation is available for such services.

(c) Providers of early intervention services shall, in the first instance and where applicable, seek payment from all third-party payers prior to claiming payment from the birth-to-three system for services rendered to eligible children, provided, for the purpose of seeking payment from the Medicaid program or from other third-party payers as agreed upon by the provider, the obligation to seek payment shall not apply to a payment from a third-party payer who is not prohibited from applying such payment, and who will apply such payment, to an annual or lifetime limit specified in the third-party payer's policy or contract.

(d) The commissioner, in consultation with the Office of Policy and Management and the Insurance Commissioner, shall adopt regulations, pursuant to chapter 54, providing public reimbursement for deductibles and copayments imposed under an insurance policy or health benefit plan to the extent that such deductibles and copayments are applicable to early intervention services.

(e) The commissioner shall not charge a fee for early intervention services to the parents or legal guardians of eligible children.

(f) With respect to early intervention services rendered prior to June 16, 2021, the commissioner shall develop and implement procedures to hold a recipient harmless for the impact of pursuit of payment for such services against lifetime insurance limits.

(g) Notwithstanding any provision of title 38a relating to the permissible exclusion of payments for services under governmental programs, no such exclusion shall apply with respect to payments made pursuant to section 17a-248, sections 17a-248b to 17a-248f, inclusive, this section and sections 38a-490a and 38a-516a. Except as provided in this subsection, nothing in this section shall increase or enhance coverages provided for within an insurance contract subject to the provisions of section 10-94f, subsection (a) of section 10-94g, sections 17a-248, 17a-248b to 17a-248f, inclusive, this section, and sections 38a-490a and 38a-516a.

(h) For the fiscal year ending June 30, 2023, and each fiscal year thereafter, the commissioner shall make a general administrative payment to providers in the amount of two hundred dollars for each child with an individualized family service plan on the first day of the billing month and whose plan accounts for less than nine hours of service during such billing month, provided at least one service is provided by such provider during such billing month.

(P.A. 96-185, S. 5, 16; P.A. 00-27, S. 5, 24; P.A. 02-89, S. 26; June 30 Sp. Sess. P.A. 03-3, S. 9; P.A. 04-54, S. 2; P.A. 07-73, S. 2(a); Sept. Sp. Sess. P.A. 09-3, S. 44; P.A. 10-93, S. 6; June Sp. Sess. P.A. 15-5, S. 260; P.A. 19-121, S. 12; P.A. 21-46, S. 24; P.A. 22-81, S. 12; 22-140, S. 5; P.A. 23-101, S. 3.)

History: P.A. 96-185 effective July 1, 1996; P.A. 00-27 made technical changes, effective May 1, 2000; P.A. 02-89 amended Subsec. (g) to delete reference to Sec. 19a-1c, reflecting the repeal of said section by the same public act; June 30 Sp. Sess. P.A. 03-3 amended Subsec. (e) by requiring fees to be charged to parents or guardians earning $45,000 or more and by making technical changes, effective August 20, 2003; P.A. 04-54 added Subsec. (h) re signature of advanced practice registered nurse deemed sufficient to order services included in individualized family service plan, effective May 4, 2004; pursuant to P.A. 07-73 “Department of Mental Retardation” was changed editorially by the Revisors to “Department of Developmental Services”, effective October 1, 2007; Sept. Sp. Sess. P.A. 09-3 amended Subsec. (e) by authorizing commissioner to periodically revise fee schedule, giving consideration to financial resources of the state and the parents and legal guardians of eligible children, and by providing that on and after October 6, 2009, such fees shall be 60% greater than the fees charged on date prior to October 6, 2009, and fees shall be charged for all services including those provided in the first 2 months that a child is enrolled in the program, effective October 6, 2009; P.A. 10-93 amended Subsec. (a) by substituting “Part C” for “Part H” and substituting “20 USC 1431” for “20 USC 1471” and amended Subsec. (e) by defining “parent”; June Sp. Sess. P.A. 15-5 amended Subsec. (e) by replacing “Department of Developmental Services” with “lead agency”, “prints” with “posts” and “in the Connecticut Law Journal” with “on the eRegulations System, established pursuant to section 4-173b”, effective July 1, 2015; P.A. 19-121 deleted Subsec. (h) re signature of advanced practice registered nurse deemed sufficient to order services included in individualized family service plan, effective July 1, 2019; P.A. 21-46 amended Subsec. (e) by replacing provisions requiring commissioner to establish and charge fees to parents and guardians for early intervention services with provision prohibiting commissioner from charging such fees, and amended Subsec. (f) by specifying that procedures developed and implemented by commissioner to hold recipients of early intervention services harmless from pursuit of payment for such services shall apply to such services rendered prior to June 16, 2021, effective June 16, 2021; P.A. 22-81 added Subsec. (h) re general administrative payments, effective July 1, 2022; P.A. 22-140 amended Subsec. (g) by deleting references to Secs. 17a-219b(a) and 17a-219c(a); P.A. 23-101 amended Subsec. (h) by replacing “June 30, 2024” with “each fiscal year thereafter” and making a conforming change, effective July 1, 2023.

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Sec. 17a-248m. Receipt of early intervention services by Spanish-speaking qualified personnel and service coordinators. Spanish-speaking interpreting or translator services. On and after July 1, 2023, an eligible child whose primary language is Spanish shall be entitled to receive early intervention services from Spanish-speaking qualified personnel and a Spanish-speaking service coordinator. If no such Spanish-speaking qualified personnel or Spanish-speaking coordinator are available within the state-wide birth-to-three system for the provision of such early intervention services, a Spanish-speaking interpreter or translator shall be used to provide interpreting or translation services to such Spanish-speaking eligible children on behalf of the qualified personnel and service coordinators providing early intervention services, and such Spanish-speaking interpreter or translator shall be reimbursed at the rate received by court-appointed interpreters and translators within the judicial branch.

(P.A. 23-101, S. 6.)

History: P.A. 23-101 effective July 1, 2023.

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Sec. 17a-249. Grants for supportive housing for persons with intellectual disability or other developmental disabilities. (a) The Commissioner of Developmental Services shall provide grants-in-aid to private nonprofit organizations for supportive housing for persons with an intellectual disability or other developmental disabilities, including, but not limited to, autism spectrum disorder. The commissioner shall give priority in disbursement of grants to a nonprofit organization which reserves fifty per cent or more of the initial residential capacity of a housing site for individuals with such disabilities who are on a waiting list maintained by the Department of Developmental Services or the Department of Social Services for supportive housing.

(b) The Commissioner of Developmental Services shall expend not more than five million dollars on the grant program established pursuant to this section in any one service region of the Department of Developmental Services. The commissioner may expend not more than two per cent of the funds allocated to the grant program established by this section on administrative expenses directly related to the grant program.

(c) The Commissioner of Developmental Services shall develop and publish guidelines for the award of grants under subsection (a) of this section and a uniform application form for such grants. The commissioner shall post such guidelines and application form on the Internet web site of the Department of Developmental Services not later than July 1, 2024.

(d) Any recipient of a grant pursuant to subsection (a) of this section shall report annually to the Commissioner of Developmental Services, on a form to be developed by the commissioner, how such grant funds have been expended. The commissioner shall submit a report on January 1, 2025, and annually thereafter, in accordance with the provisions of section 11-4a, concerning the expenditure of grant funds awarded pursuant to subsection (a) of this section to the joint standing committees of the General Assembly having cognizance of matters relating to housing, human services and public health.

(P.A. 23-137, S. 53.)

History: P.A. 23-137 effective July 1, 2023.

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Sec. 17a-250. Bond authorization for grant-in-aid program for supportive housing for persons with an intellectual disability or other developmental disabilities. (a) For the purposes described in subsection (b) of this section, the State Bond Commission shall have the power from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate fifteen million dollars.

(b) The proceeds of the sale of such bonds, to the extent of the amount stated in subsection (a) of this section, shall be used by the Commissioner of Developmental Services for the grant-in-aid program established pursuant to section 17a-249, for supportive housing for persons with an intellectual disability or other developmental disabilities, including, but not limited to, autism spectrum disorder.

(c) All provisions of section 3-20, or the exercise of any right or power granted thereby, that are not inconsistent with the provisions of this section are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to this section. Temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with section 3-20 and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of such bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization that is signed by or on behalf of the Secretary of the Office of Policy and Management and states such terms and conditions as said commission, in its discretion, may require. Such bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on such bonds as the same become due, and accordingly and as part of the contract of the state with the holders of such bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the State Treasurer shall pay such principal and interest as the same become due.

(P.A. 23-205, S. 97.)

History: P.A. 23-205 effective July 1, 2023.

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