Chapter 319l

Sec. 17a-780. (Formerly Sec. 17b-650a). Department of Aging and Disability Services. Successor department to Department of Rehabilitation Services. (a) There is created a Department of Aging and Disability Services. The Department of Aging and Disability Services shall be responsible for providing the following: (1) Services to persons who are deaf or hard of hearing; (2) services for persons who are blind or visually impaired; (3) rehabilitation services in accordance with the provisions of the general statutes concerning the Department of Aging and Disability Services; and (4) services for older persons and their families. The Department of Aging and Disability Services shall constitute a successor authority to the Department of Rehabilitation Services in accordance with the provisions of sections 4-38d, 4-38e and 4-39.

(b) The department head shall be the Commissioner of Aging and Disability Services, who shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive, and shall have the powers and duties described in said sections. The Commissioner of Aging and Disability Services shall appoint such persons as may be necessary to administer the provisions of public act 11-44* and the Commissioner of Administrative Services shall fix the compensation of such persons in accordance with the provisions of section 4-40. The Commissioner of Aging and Disability Services may create such sections within the Department of Aging and Disability Services as will facilitate such administration, including a disability determinations section for which one hundred per cent federal funds may be accepted for the operation of such section in conformity with applicable state and federal regulations. The Commissioner of Aging and Disability Services may adopt regulations, in accordance with the provisions of chapter 54, to implement the purposes of the department as established by statute.

(c) The Commissioner of Aging and Disability Services shall, annually, in accordance with section 4-60, submit to the Governor a report in electronic format on the activities of the Department of Aging and Disability Services relating to services provided by the department to persons who (1) are blind or visually impaired, (2) are deaf or hard of hearing, (3) receive vocational rehabilitation services, or (4) are older persons or their families. The report shall include the data the department provides to the federal government that relates to the evaluation standards and performance indicators for the vocational rehabilitation services program. The commissioner shall submit the report in electronic format, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to human services and appropriations and the budgets of state agencies.

(d) The functions, powers, duties and personnel of the former Department on Aging, or any subsequent division or portion of a division with similar functions, powers, duties and personnel, shall be transferred to the Department of Aging and Disability Services pursuant to the provisions of sections 4-38d, 4-38e and 4-39.

(e) The Department of Aging and Disability Services shall constitute a successor department to the former Department on Aging, in accordance with the provisions of sections 4-38d, 4-38e and 4-39. Wherever the words “Commissioner on Aging” are used in the general statutes, the words “Commissioner of Aging and Disability Services” shall be substituted in lieu thereof. Wherever the words “Department on Aging” are used in the general statutes, the words “Department of Aging and Disability Services” shall be substituted in lieu thereof. Any order or regulation of the former Department on Aging that is in force on the effective date of this section shall continue in force and effect as an order or regulation of the Department of Aging and Disability Services until amended, repealed or superseded pursuant to law.

(f) The Governor may, with the approval of the Finance Advisory Committee, transfer funds between the Department of Social Services and the Department of Aging and Disability Services pursuant to subsection (b) of section 4-87 during the fiscal year ending June 30, 2018.

(g) The Department of Aging and Disability Services is designated as the State Unit on Aging to administer, manage, design and advocate for benefits, programs and services for older persons and their families pursuant to the Older Americans Act. The department shall study continuously the conditions and needs of older persons in this state in relation to nutrition, transportation, home care, housing, income, employment, health, recreation and other matters. The department shall be responsible, in cooperation with federal, state, local and area planning agencies on aging, for the overall planning, development and administration of a comprehensive and integrated social service delivery system for older persons. The Department of Aging and Disability Services is designated as the state agency for the administration of nutritional programs for elderly persons described in section 17a-852, the fall prevention program described in section 17a-859, the CHOICES program described in section 17a-857, the Aging and Disability Resource Center Program described in section 17a-858 and the Alzheimer's respite program described in section 17b-860.

(P.A. 11-44, S. 1; June 12 Sp. Sess. P.A. 12-1, S. 28; P.A. 13-7, S. 5; P.A. 16-66, S. 50; P.A. 17-202, S. 62; June Sp. Sess. P.A. 17-2, S. 97, 731; P.A. 18-169, S. 8; P.A. 19-157, S. 67.)

*Note: Public act 11-44 is entitled “An Act Concerning the Bureau of Rehabilitative Services and Implementation of Provisions of the Budget Concerning Human Services and Public Health”. (See Reference Table captioned “Public Acts of 2011” in Volume 16 which lists the sections amended, created or repealed by the act.)

History: P.A. 11-44 effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (a) by replacing provision re creation of Bureau of Rehabilitative Services within Department of Social Services for administrative purposes with provisions re creation of Department of Rehabilitation Services and re Department of Social Services providing administrative support services to Department of Rehabilitation Services, and adding provision re successor authority, amended Subsec. (b) by replacing “director of the Bureau of Rehabilitative Services” with “Commissioner of Rehabilitation Services” and made conforming changes, effective July 1, 2012; P.A. 13-7 amended Subsec. (a) to make technical changes, amended Subsec. (b) to add provision allowing Commissioner of Rehabilitation Services to adopt regulations and to make technical changes and added Subsec. (c) re commissioner to submit annual report, effective July 1, 2013; P.A. 16-66 added Subsec. (d) re Department of Rehabilitation Services as successor department to Office of Protection and Advocacy for Persons with Disabilities with respect to investigations of allegations of abuse or neglect, effective May 27, 2016; P.A. 17-202 amended Subsec. (a)(1) by replacing “the deaf and hearing impaired” with “persons who are deaf or hard of hearing”, amended Subsec. (a)(2) by replacing “the blind and” with “persons who are blind or”, and amended Subsec. (c) by replacing former Subdivs. (1) to (3) re individuals to whom services are provided by the department with “persons with disabilities”; June Sp. Sess. P.A. 17-2 amended Subsec. (a) by replacing “the deaf and hearing impaired” with “persons who are deaf or hard of hearing” in Subdiv. (1), and replaced “the blind and visually impaired” with “persons who are blind or visually impaired” in Subdiv. (2), amended Subsec. (c) by replacing “individuals” with “persons”, and replacing “hearing impaired” with “hard of hearing” in Subdiv. (2), deleted Subsec. (d) re Department of Rehabilitation Services to constitute successor to Office of Protection and Advocacy for Persons with Disabilities, and repealed P.A. 17-202, S. 62, effective October 31, 2017; P.A. 18-169 amended Subsec. (a) by deleting provision re Department of Social Services to provide administrative support services, adding Subdiv. (4) re services for older persons and their families, amended Subsec. (c) by adding Subdiv. (4) re older persons or their families, added Subsec. (d) re functions, powers, duties and personnel of former Department on Aging, added Subsec. (e) re successor department to former Department on Aging, added Subsec. (f) re transfer of funds between Department of Social Services and Department of Rehabilitation Services, added Subsec. (g) re designated State Unit on Aging, and made technical changes, effective June 14, 2018; P.A. 19-157 amended Subsec. (a)(4) to replace “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services” and replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; Sec. 17b-650a transferred to Sec. 17a-780 in 2023.

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Sec. 17a-781. (Formerly Sec. 17b-650). Vocational rehabilitation; definitions. As used in this section and sections 17a-780 to 17a-790, inclusive, 17a-796, 17a-797, 17a-799 and 17a-835:

(1) “Person with a disability” means any individual with a disability, excluding blindness, as such term is applied to Title I of the Rehabilitation Act of 1973, 29 USC 701 et seq., as amended from time to time;

(2) “Vocational rehabilitation service” means any goods and services necessary to render a person with a disability employable, in accordance with Title I of the Rehabilitation Act of 1973, 29 USC 701 et seq., as amended from time to time;

(3) “Community rehabilitation program” means a program that provides directly for or facilitates the provision of vocational rehabilitation services to persons with disabilities, as defined in the Rehabilitation Act of 1973, 29 USC 701 et seq., as amended from time to time;

(4) “Products are made or manufactured by or services are provided by persons with disabilities” if not less than seventy-five per cent of the hours of direct labor required for such products or services are performed by persons with disabilities.

(1949 Rev., S. 1409; 1957, P.A. 557, S. 1; 1967, P.A. 337, S. 1; 1969, P.A. 449, S. 1; P.A. 77-405, S. 1, 5; P.A. 79-344, S. 1; P.A. 89-354, S. 4, 21; P.A. 90-325, S. 12, 32; P.A. 95-355, S. 1; P.A. 13-7, S. 7; P.A. 16-118, S. 4.)

History: 1967 act substituted “gainful” for “remunerative” occupation in Subdivs. (a) and (c) and redefined “individual who is under a physical or mental disability” to include persons suffering from behavioral disorders; 1969 act redefined “vocational rehabilitation service” to include services to families of handicapped persons, substituted definition of “rehabilitation facility” for definition of “work shop” in Subdiv. (d) and added Subdivs. (e) and (f) defining “disadvantaged individual” and “evaluation and work adjustment services”; P.A. 77-405 added Subdiv. (g) defining products “made or manufactured by or services provided by handicapped persons”; P.A. 79-344 redefined terms in Subdivs. (a) to (d), deleted definitions of “disadvantaged individual” and “evaluation and work adjustment services”, added definition of “substantial handicap to employment” as Subdiv. (e) and relettered former Subdiv. (g) as Subdiv. (f); P.A. 89-354 changed “handicapped individual” to “person with a disability”, effective July 1, 1990; P.A. 90-325 changed the effective date of P.A. 89-354 from July 1, 1990, to 60 days after the determination by the Office of Special Education and Rehabilitation Services of the U.S. Department of Education that department of human resources meets all applicable federal statutory and regulatory requirements to be designated as sole state agency to administer the state plan for vocational rehabilitation services and that proposed bureau of rehabilitation services within the department meets all applicable federal statutory and regulatory requirements as a vocational rehabilitation organizational unit, i.e. July 1, 1991; Sec. 10-100 transferred to Sec. 17-660 in 1993 and reference to Secs. 10-100 to 10-108 revised to reflect their transfer; Sec. 17-660 transferred to Sec. 17b-650 in 1995; P.A. 95-355 amended the definitions of “person with a disability” and “vocational rehabilitation service” and added a definition of “community rehabilitation program” as used in Title I of the Rehabilitation Act of 1973, 29 USC 701 et seq., as amended from time to time and deleted the definitions of an “individual who has a physical or mental disability” and “substantial handicap to employment”; P.A. 13-7 replaced reference to Sec. 17b-665 with reference to Sec. 17b-663 and redesignated existing Subdivs. (a) to (d) as Subdivs. (1) to (4), effective July 1, 2013; P.A. 16-118 deleted references to Secs. 10-298b and 10-298c and made a technical change; Sec. 17b-650 transferred to Sec. 17a-781 in 2023.

Annotation to former section 17b-650:

Cited. 44 CA 143.

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Sec. 17a-782. (Formerly Sec. 17b-653). Eligibility for services. (a) Vocational rehabilitation services shall be provided, with or without public cost, directly or through public or private instrumentalities, as part of an individual plan for employment for a person with disabilities determined to be eligible by the Department of Aging and Disability Services, in accordance with Title I of the Rehabilitation Act, 29 USC 701 et seq., as amended from time to time. Nothing in this section shall be construed to mean that an individual's ability or inability to share in the cost of vocational rehabilitation services may be taken into account during the determination of eligibility for such services.

(b) If vocational rehabilitation services cannot be provided for all eligible persons with disabilities who apply for such services, the Department of Aging and Disability Services shall determine, in accordance with Title I of the Rehabilitation Act of 1973, 29 USC 701 et seq., and federal regulations, as amended from time to time, the order to be followed in selecting those to whom such services will be provided.

(c) Nothing in section 17a-781 or subsection (a) of this section shall be construed to preclude provision of vocational rehabilitation services, with or without public cost, to a person with a disability under an extended evaluation for a total period not in excess of eighteen months, in accordance with Title I of the Rehabilitation Act of 1973, 29 USC 701 et seq., as amended from time to time.

(d) The Commissioner of Aging and Disability Services may adopt regulations in accordance with the provisions of chapter 54 to establish standards and procedures governing the provision of vocational rehabilitation services and, where appropriate, a means test to determine, based upon the financial need of each eligible person with disabilities, the extent to which such services will be provided at public cost. Any funds received by the Department of Aging and Disability Services from individuals or third parties for the provision of vocational rehabilitation services shall be used by the department to provide such services. The regulations may also prescribe the procedures to be used when payment is made by individuals required to contribute to the cost of vocational rehabilitation services. Regulations developed to implement a means test shall include, but not be limited to: (1) An exemption for any individual with an income of less than one hundred per cent of the state median income and assets which are less than five thousand dollars; (2) an exemption for services covered in an individual plan for employment in effect at the time of implementation of the means test; (3) an exclusion from an individual's income of the costs of necessary and reasonable disability-related expenses including, but not limited to, personal attendant services and medications for which payment is unavailable to the individual through other benefits or resources; (4) an exclusion from the individual's assets of the value of the individual's primary residence and motor vehicle; (5) a method by which the Commissioner of Aging and Disability Services may reduce the level of required contributions by an individual in the case of undue hardship; and (6) a requirement that the Department of Aging and Disability Services notify an individual of the results of the means test analysis within thirty days of receipt of necessary financial information from the individual. Such means test shall not apply to services covered under a determination of financial need made by an institution of higher education. The Department of Aging and Disability Services shall develop the regulations in consultation with representatives of providers of vocational rehabilitation services and recipients of such services or their representatives.

(1957, P.A. 557, S. 3; 1967, P.A. 337, S. 2, 3; 1969, P.A. 449, S. 2–4; P.A. 77-614, S. 541, 610; P.A. 78-354, S. 3, 8; P.A. 79-344, S. 2; P.A. 85-551; P.A. 89-354, S. 6, 21; P.A. 90-325, S. 12, 32; P.A. 93-262, S. 14, 87; P.A. 95-355, S. 2; P.A. 98-103; P.A. 11-44, S. 58; June 12 Sp. Sess. P.A. 12-1, S. 71; P.A. 19-157, S. 70.)

History: 1967 act amended Subsec. (a) to include services to present or potential social security disability beneficiaries regardless of residency and to those requiring service to determine their potential to benefit from rehabilitation service, removed limitations on provision of services at public cost which had excluded payment for diagnostic and related services and limited payments to “the extent that the handicapped individual is found to require financial assistance” and added Subsec. (c); 1969 act amended Subsec. (a) to include services to families of handicapped persons, to delete provision concerning residency and social security disability as eligibility criteria and to add provision concerning evaluation and work adjustment services, amended Subsec. (b) to include evaluation and work adjustment services and amended Subsec. (c) to include persons with arthritis, muscular dystrophy, cystic fibrosis or renal failure; P.A. 77-614 substituted department of human resources for state board of education, effective January 1, 1979; P.A. 78-354 substituted state board of education for department of human resources; P.A. 79-344 deleted provisions concerning evaluation and work adjustment services and revised Subsec. (c) to replace specific and detailed provisions governing extended evaluations with more general provisions; P.A. 85-551 added provisions re regulations to establish standards and procedures for determining when part of the cost of services is to be paid by the recipient; P.A. 89-354 changed responsibilities of vocational rehabilitation services from state board of education to department of human resources and changed “handicapped individual” to “person with a disability”, effective July 1, 1990; P.A. 90-325 changed the effective date to P.A. 89-354 from July 1, 1990, to 60 days after the determination by the Office of Special Education and Rehabilitation Services of the U.S. Department of Education that department of human resources meets all applicable federal statutory and regulatory requirements to be designated as sole state agency to administer the state plan for vocational rehabilitation services and that proposed bureau of rehabilitation services within the department meets all applicable federal statutory and regulatory requirements as a vocational rehabilitation organizational unit, i.e. July 1, 1991; Sec. 10-102 transferred to Sec. 17-663 in 1993 and internal reference to Sec. 10-100 revised to reflect its transfer to Sec. 17-660; P.A. 93-262 replaced department of human resources with department of social services and deleted reference to income maintenance department's advisory role in developing regulations, effective July 1, 1993; Sec. 17-663 transferred to Sec. 17b-653 in 1995; P.A. 95-355 replaced previous criteria for provision of services with requirement that vocational rehabilitation services be provided in accordance with Title I of the Rehabilitation Act of 1973, 29 USC 701 et seq., as amended from time to time; P.A. 98-103 amended Subsec. (a) to require that vocational rehabilitation services be provided “with or without” public cost in lieu of “completely or in part, at” public cost, amended Subsec. (c) to make a technical change consistent with Subsec. (a) and amended Subsec. (d) to authorize adoption of regulations establishing a means test to determine extent to which such services will be provided at public cost, to specify six requirements for the regulations re means test and to make various technical changes; P.A. 11-44 amended Subsec. (a) by replacing “Bureau of Rehabilitation Services” with “Bureau of Rehabilitative Services” and replacing “written rehabilitation program” with “plan for employment”, amended Subsec. (b) by replacing “Department of Social Services” with “Bureau of Rehabilitative Services”, amended Subsec. (d) by replacing “Department of Social Services” with “director of the Bureau of Rehabilitative Services” or “Bureau of Rehabilitative Services”, replacing “Bureau of Rehabilitation Services” with “Bureau of Rehabilitative Services”, replacing “department” with “bureau” and replacing “written rehabilitation program” with “plan for employment”, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced references to Bureau of Rehabilitative Services with references to Department of Rehabilitation Services, replaced references to director of the Bureau of Rehabilitative Services with references to Commissioner of Rehabilitation Services and made a technical change, effective July 1, 2012; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services” and replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; Sec. 17b-653 transferred to Sec. 17a-782 in 2023.

Annotation to former section 17b-653:

Cited. 44 CA 143.

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Sec. 17a-783. (Formerly Sec. 17b-654). Administrative review. Appeal. (a) Any applicant for or recipient of vocational rehabilitation services may request an informal review of any decision made by the Department of Aging and Disability Services pursuant to section 17a-782.

(b) Regardless of whether a person requests an informal review under subsection (a) of this section, any applicant for or recipient of vocational rehabilitation services who is aggrieved by a decision made by the Department of Aging and Disability Services pursuant to section 17a-782 may request an administrative hearing, by making written request to the Commissioner of Aging and Disability Services.

(c) An individual who is aggrieved by a final agency decision made pursuant to subsection (b) of this section may appeal therefrom in accordance with section 4-183. Such appeals shall be privileged cases to be heard by the court as soon after the return day as shall be practicable.

(P.A. 79-344, S. 3; P.A. 89-354, S. 7, 21; P.A. 90-325, S. 12, 32; P.A. 93-262, S. 1, 87; P.A. 95-355, S. 3; P.A. 11-44, S. 59; June 12 Sp. Sess. P.A. 12-1, S. 72; P.A. 19-157, S. 71.)

History: P.A. 89-354 changed responsibilities from state board of education to department of human resources, effective July 1, 1990; P.A. 90-325 changed the effective date of P.A. 89-354 from July 1, 1990, to 60 days after the determination by the Office of Special Education and Rehabilitation Services of the U.S. Department of Education that department of human resources meets all applicable federal statutory and regulatory requirements to be designated as sole state agency to administer the state plan for vocational rehabilitation services and that proposed bureau of rehabilitation services within the department meets all applicable federal statutory and regulatory requirements as a vocational rehabilitation organizational unit, i.e. July 1, 1991; Sec. 10-102a transferred to Sec. 17-664 in 1993 and internal reference to Sec. 10-102 revised to reflect its transfer; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17-664 transferred to Sec. 17b-654 in 1995; P.A. 95-355 substituted “informal” for “administrative” review in Subsec. (a), added Subsec. (b) which provides for an administrative hearing and added Subsec. (c) which provides for an appeal in accordance with Sec. 4-183; P.A. 11-44 amended Subsec. (b) by replacing “Bureau of Rehabilitation Services” and “bureau” with “Bureau of Rehabilitative Services”, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced references to Bureau of Rehabilitative Services with references to Department of Rehabilitation Services and replaced “director of the Bureau of Rehabilitative Services” with “Commissioner of Rehabilitation Services”, effective July 1, 2012; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services” in Subsecs. (a) and (b) and replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services” in Subsec. (b); Sec. 17b-654 transferred to Sec. 17a-783 in 2023.

Annotation to former section 17b-654:

P.A. 95-355 applies retroactively. 243 C. 623.

Cited. 44 CA 143.

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Sec. 17a-784. (Formerly Sec. 17b-655). Powers and duties of Department of Aging and Disability Services re vocational education. (a) In carrying out sections 17a-780 to 17a-790, inclusive, 17a-796, 17a-797, 17a-799 and 17a-835, the Department of Aging and Disability Services shall cooperate with other departments, agencies and institutions, both public and private, in providing for the vocational rehabilitation of persons with disabilities, in studying the problems involved therein and in establishing, developing and providing such programs, facilities and services as it deems necessary or desirable. Notwithstanding any other provision of the general statutes, the Department of Aging and Disability Services shall not be required to pay that portion of the cost of a program of postsecondary education or training which is properly designated as expected parental or family contribution in accordance with state and federal law regarding eligibility for student financial aid.

(b) Subject to the approval of all real estate acquisitions by the Commissioner of Administrative Services and the State Properties Review Board, in carrying out said sections, the Department of Aging and Disability Services may (1) establish, operate, foster and promote the establishment of rehabilitation facilities and make grants to public and other nonprofit and nonsectarian organizations for such purposes; (2) assist persons with significant disabilities to establish and operate small businesses; and (3) make studies, investigations, demonstrations and reports, and provide training and instruction, including the establishment and maintenance of such research fellowships and traineeships with such stipends and allowances as may be deemed necessary, in matters relating to vocational rehabilitation.

(c) The Commissioner of Aging and Disability Services shall develop and maintain a program of public education and information. The program shall include, but not be limited to, education of the public concerning services available from the Department of Aging and Disability Services, its policies and goals, an outreach effort to discover persons with disabilities, including such persons who are minorities as defined in subsection (a) of section 32-9n, who may benefit from the services it offers and the dissemination of printed materials to persons at their initial meeting with staff of the department, including a statement of such person's rights. Each state agency providing services to persons with disabilities shall furnish to each person applying for such services, at the time of initial application, a written summary of all state programs for persons with disabilities. Such summary shall be developed by the Department of Social Services as the lead agency for services to persons with disabilities pursuant to section 17b-606. The Department of Social Services shall distribute sufficient copies of the summary to all state agencies providing services to persons with disabilities in order that such copies may be furnished in accordance with this subsection.

(1957, P.A. 557, S. 4; 1969, P.A. 449, S. 5; P.A. 75-425, S. 28, 57; P.A. 77-614, S. 73, 542, 610; P.A. 78-354, S. 4, 8; P.A. 87-496, S. 47, 110; P.A. 89-354, S. 8, 21; P.A. 90-325, S. 12, 32; P.A. 91-303, S. 1, 2, 22; P.A. 93-262, S. 1, 87; P.A. 95-355, S. 4; P.A. 11-44, S. 60; 11-51, S. 44; June 12 Sp. Sess. P.A. 12-1, S. 73; P.A. 13-7, S. 8; P.A. 17-202, S. 64; P.A. 19-157, S. 72.)

History: 1969 act deleted provision empowering board to enter into reciprocal agreements with other states, allowed state board itself to establish and operate facilities as well as to foster and promote their establishment and deleted reference to workshops; P.A. 75-425 made real estate acquisitions subject to approval of public works commissioner and state properties review board; P.A. 77-614 transferred powers and duties of state board of education to department of human resources, effective January 1, 1979; P.A. 78-354 returned powers and duties to state board of education; P.A. 87-496 substituted public works for administrative services commissioner in Subsec. (b); P.A. 89-354 changed responsibilities of vocational rehabilitation services from state board of education to department of human resources and changed “handicapped individual” to “person with a disability” and added new Subsec. (c) re program of public education and information, effective July 1, 1990; P.A. 90-325 changed the effective date of P.A. 89-354 from July 1, 1990, to 60 days after the determination by the Office of Special Education and Rehabilitation Services of the U.S. Department of Education that department of human resources meets all applicable federal statutory and regulatory requirements to be designated as sole state agency to administer the state plan for vocational rehabilitation services and that proposed bureau of rehabilitation services within the department meets all applicable federal statutory and regulatory requirements as a vocational rehabilitation organizational unit, i.e. July 1, 1991; P.A. 91-303 in Subsec. (a) added the clause concerning expected parental or family contribution; Sec. 10-103 transferred to Sec. 17-665 in 1993 and internal reference to Secs. 10-100 to 10-108, inclusive, revised to reflect their transfer; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17-665 transferred to Sec. 17b-655 in 1995; P.A. 95-355 made a technical change; P.A. 11-44 replaced “Department of Social Services”, “Division of Rehabilitation Services” and “Bureau of Rehabilitation Services” with “Bureau of Rehabilitative Services” and replaced “Commissioner of Social Services” with “director of the Bureau of Rehabilitative Services”, effective July 1, 2011; pursuant to P.A. 11-51, “Commissioner of Public Works” was changed editorially by the Revisors to “Commissioner of Administrative Services” in Subsec. (b), effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, replaced “director of the Bureau of Rehabilitative Services” with “Commissioner of Rehabilitation Services” and made technical changes, effective July 1, 2012; P.A. 13-7 amended Subsec. (a) to replace reference to Sec. 17b-665 with reference to Sec. 17b-663, effective July 1, 2013; P.A. 17-202 amended Subsec. (b) by replacing “severe” with “significant” in Subdiv. (2); P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services” and replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; Sec. 17b-655 transferred to Sec. 17a-784 in 2023.

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Sec. 17a-785. (Formerly Sec. 17b-658). Cooperation with federal government. The Department of Aging and Disability Services is authorized to cooperate with the federal government in carrying out the purposes of any federal statutes pertaining to vocational rehabilitation, to adopt such methods of administration as it finds necessary for the proper and efficient operation of agreements or plans for vocational rehabilitation and to comply with such conditions as may be necessary to secure the full benefits of such federal statutes to this state.

(1957, P.A. 557, S. 5; P.A. 77-614, S. 543, 610; P.A. 78-354, S. 5, 8; P.A. 89-354, S. 11, 21; P.A. 90-325, S. 12, 32; P.A. 93-262, S. 1, 87; P.A. 11-44, S. 62; June 12 Sp. Sess. P.A. 12-1, S. 76; P.A. 19-157, S. 74.)

History: P.A. 77-614 substituted department of human resources for state board of education, effective January 1, 1979; P.A. 78-354 replaced department of human resources with state board of education; P.A. 89-354 changed responsibilities from state board of education to department of human resources, effective July 1, 1990; P.A. 90-325 changed the effective date of P.A. 89-354 from July 1, 1990, to 60 days after the determination by the Office of Special Education and Rehabilitation Services of the U.S. Department of Education that department of human resources meets all applicable federal statutory and regulatory requirements to be designated as sole state agency to administer the state plan for vocational rehabilitation services and that proposed bureau of rehabilitation services within the department meets all applicable federal statutory and regulatory requirements as a vocational rehabilitation organizational unit, i.e. July 1, 1991; Sec. 10-104 transferred to Sec. 17-668 in 1993; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17-668 transferred to Sec. 17b-658 in 1995; P.A. 11-44 replaced “Department of Social Services” with “Bureau of Rehabilitative Services”, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, effective July 1, 2012; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 17b-658 transferred to Sec. 17a-785 in 2023.

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Sec. 17a-786. (Formerly Sec. 17b-659). Treasurer to receive and disburse federal funds. The State Treasurer is designated as the custodian of all funds received from the federal government for the purpose of carrying out any federal statutes pertaining to vocational rehabilitation or any agreements authorized by sections 17a-780 to 17a-790, inclusive, 17a-796, 17a-797, 17a-799 and 17a-835 and shall make disbursements from such funds and from all state funds available for vocational rehabilitation purposes upon certification by the Commissioner of Aging and Disability Services.

(1957, P.A. 557, S. 6; P.A. 77-614, S. 544, 610; P.A. 78-354, S. 6, 8; P.A. 89-354, S. 12, 21; P.A. 90-325, S. 12, 32; P.A. 93-262, S. 1, 87; P.A. 11-44, S. 63; June 12 Sp. Sess. P.A. 12-1, S. 77; P.A. 19-157, S. 75.)

History: P.A. 77-614 substituted department of human resources for state board of education, effective January 1, 1979; P.A. 78-354 replaced department of human resources with state board of education; P.A. 89-354 changed responsibilities from commissioner of education to commission of human resources, effective July 1, 1990; P.A. 90-325 changed the effective date of P.A. 89-354 from July 1, 1990, to 60 days after the determination by the Office of Special Education and Rehabilitation Services of the U.S. Department of Education that department of human resources meets all applicable federal statutory and regulatory requirements to be designated as sole state agency to administer the state plan for vocational rehabilitation services and that proposed bureau of rehabilitation services within the department meets all applicable federal statutory and regulatory requirements as a vocational rehabilitation organizational unit, i.e. July 1, 1991; Sec. 10-105 transferred to Sec. 17-669 in 1993 and internal reference to Secs. 10-100 to 10-108, inclusive, revised to reflect their transfer; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17-669 transferred to Sec. 17b-659 in 1995; P.A. 11-44 deleted exception for services to the blind and replaced “Commissioner of Social Services” with “director of the Bureau of Rehabilitative Services”, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “director of the Bureau of Rehabilitative Services” with “Commissioner of Rehabilitation Services”, effective July 1, 2012; P.A. 19-157 replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; Sec. 17b-659 transferred to Sec. 17a-786 in 2023.

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Sec. 17a-787. (Formerly Sec. 17b-660). Gifts, grants, reimbursements, bequests for services provided by the Department of Aging and Disability Services. The Commissioner of Aging and Disability Services is authorized to accept and use gifts, grants, reimbursements or bequests made by will or otherwise for carrying out the purposes of the donor or of the general statutes concerning the Department of Aging and Disability Services. Gifts, grants, reimbursements or bequests made under such conditions as in the judgment of the Commissioner of Aging and Disability Services are proper and consistent with the provisions of state and federal law may be so accepted and shall be held, invested, reinvested and used in accordance with the conditions of the gift, grant, reimbursement or bequest.

(1949 Rev., S. 1411; 1957, P.A. 557, S. 7; P.A. 77-614, S. 545, 610; P.A. 78-354, S. 7, 8; P.A. 85-377, S. 3, 13; P.A. 89-354, S. 13, 21; P.A. 90-325, S. 12, 32; P.A. 93-262, S. 1, 87; P.A. 11-44, S. 64; June 12 Sp. Sess. P.A. 12-1, S. 78; P.A. 19-157, S. 76; P.A. 21-151, S. 1.)

History: P.A. 77-614 substituted department of human resources for state board of education, effective January 1, 1979; P.A. 78-354 replaced department of human resources with state board of education; P.A. 85-377 substituted “commissioner” for “state board” of education; P.A. 89-354 changed responsibilities from commissioner of education to commissioner of human resources, effective July 1, 1990; P.A. 90-325 changed the effective date of P.A. 89-354 from July 1, 1990, to 60 days after the determination by the Office of Special Education and Rehabilitation Services of the U.S. Department of Education that department of human resources meets all applicable federal statutory and regulatory requirements to be designated as sole state agency to administer the state plan for vocational rehabilitation services and that proposed bureau of rehabilitation services within the department meets all applicable federal statutory and regulatory requirements as a vocational rehabilitation organizational unit, i.e. July 1, 1991; Sec. 10-106 transferred to Sec. 17-670 in 1993 and internal reference to Secs. 10-100 to 10-108, inclusive, revised to reflect their transfer; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17-670 transferred to Sec. 17b-660 in 1995; P.A. 11-44 replaced “Commissioner of Social Services” with “director of the Bureau of Rehabilitative Services” and replaced reference to Secs. 17b-650 to 17b-663 with reference to “the general statutes concerning the Bureau of Rehabilitative Services”, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “director of the Bureau of Rehabilitative Services” with “Commissioner of Rehabilitation Services” and replaced “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, effective July 1, 2012; P.A. 19-157 replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services” and replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; P.A. 21-151 added grants, reimbursements and bequests to funding sources commissioner may accept to carry out purposes of donor consistent with state and federal law and deleted requirement gifts be made unconditionally, effective July 1, 2021; Sec. 17b-660 transferred to Sec. 17a-787 in 2023.

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Sec. 17a-788. (Formerly Sec. 17b-661). Purchase of wheelchairs, placement equipment and adaptive equipment. Notwithstanding any other provision of the general statutes, the Department of Aging and Disability Services may, within the limits of appropriations, purchase (1) wheelchairs and placement equipment directly and without the issuance of a purchase order, provided the cost of such purchases shall not be in excess of twenty thousand dollars per unit, and (2) adaptive equipment, including equipment to modify vehicles for persons with disabilities directly and without the issuance of a purchase order, provided the cost of such purchases of adaptive equipment shall not be in excess of one hundred twenty thousand dollars per unit. All such purchases shall be made in the open market, but shall, when possible, be based on at least three competitive bids. Such bids shall be solicited by sending notice to prospective suppliers and by posting notice on the Internet web site of the Department of Aging and Disability Services. Each bid shall be opened publicly at the time stated in the notice soliciting such bid. Acceptance of a bid by the Department of Aging and Disability Services shall be based on standard specifications as may be adopted by said department.

(P.A. 77-264; P.A. 89-354, S. 14, 21; P.A. 90-325, S. 12, 32; P.A. 93-262, S. 1, 87; P.A. 11-44, S. 65; June 12 Sp. Sess. P.A. 12-1, S. 79; P.A. 13-7, S. 6; P.A. 19-157, S. 77.)

History: P.A. 89-354 changed responsibilities of vocational rehabilitation services from state board of education to department of human resources and added new Subdiv. (2) re adaptive equipment and modified vehicles, effective July 1, 1990; P.A. 90-325 changed the effective date of P.A. 89-354 from July 1, 1990, to 60 days after the determination by the Office of Special Education and Rehabilitation Services of the U.S. Department of Education that department of human resources meets all applicable federal statutory and regulatory requirements to be designated as sole state agency to administer the state plan for vocational rehabilitation services and that proposed bureau of rehabilitation services within the department meets all applicable federal statutory and regulatory requirements as a vocational rehabilitation organizational unit, i.e. July 1, 1991; Sec. 10-106a transferred to Sec. 17-671 in 1993; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17-671 transferred to Sec. 17b-661 in 1995; P.A. 11-44 replaced “Bureau of Rehabilitation Services of the Department of Social Services” with “Bureau of Rehabilitative Services” and made conforming changes, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced references to Bureau of Rehabilitative Services with references to Department of Rehabilitation Services and replaced provision re posting notice on a public bulletin board with provision re posting notice on the department's Internet web site, effective July 1, 2012; P.A. 13-7 amended Subdiv. (1) to replace $3,500 per unit with $20,000 per unit re cost of wheelchairs and placement equipment, amended Subdiv. (2) to replace $10,000 per unit with $120,000 per unit re cost of adaptive equipment and equipment to modify vehicles, deleted provision re purchases of modified vehicles and made technical changes, effective July 1, 2013; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 17b-661 transferred to Sec. 17a-788 in 2023.

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Sec. 17a-789. (Formerly Sec. 17b-662). Beneficiary's rights not assignable. The right of a person with disability to maintenance under sections 17a-780 to 17a-790, inclusive, 17a-796, 17a-797, 17a-799 and 17a-835 shall not be transferable or assignable at law or in equity.

(1957, P.A. 557, S. 8; P.A. 95-355, S. 6; P.A 13-7, S. 9.)

History: Sec. 10-107 transferred to Sec. 17-672 in 1993 and internal reference to Secs. 10-100 to 10-108, inclusive, revised to reflect their transfer; Sec. 17-672 transferred to Sec. 17b-662 in 1995; P.A. 95-355 changed “handicapped individual” to “person with disability” and made a technical change; P.A. 13-7 replaced reference to Sec. 17b-665 with reference to Sec. 17b-663, effective July 1, 2013; Sec. 17b-662 transferred to Sec. 17a-789 in 2023.

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Sec. 17a-790. (Formerly Sec. 17b-663). Information concerning beneficiaries confidential. Any person who, except for purposes directly connected with the administration of the vocational rehabilitation program, solicits, discloses, receives or makes use of, or authorizes, knowingly permits, participates in or acquiesces in the use of, any name or list of names of, or any information concerning, persons applying for or receiving vocational rehabilitation, directly or indirectly derived from official sources or documents or acquired in the course of the performance of official duties, shall be fined not more than twenty-five dollars.

(1957, P.A. 557, S. 9.)

History: Sec. 10-108 transferred to Sec. 17-673 in 1993; Sec. 17-673 transferred to Sec. 17b-663 in 1995; Sec. 17b-663 transferred to Sec. 17a-790 in 2023.

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Sec. 17a-791. (Formerly Sec. 17b-612). Transition program for students with disabilities. The Department of Aging and Disability Services shall establish a program to assist public school students with disabilities in preparing for and obtaining competitive employment and to strengthen the linkage between vocational rehabilitation services and public schools. Under the program, the Department of Aging and Disability Services shall provide, within the limits of available appropriations, vocational evaluations and other appropriate transitional services and shall provide vocational rehabilitation counselors to school districts throughout the state. The counselors shall, if requested, assist those persons planning in-school skill development programs. The counselors shall, with planning and placement team members, develop transition plans and individual education and work rehabilitation plans for students with disabilities who will no longer be eligible for continued public school services. Students whose termination date for receipt of public school services is most immediate shall be given priority.

(P.A. 86-360, S. 1, 2; P.A. 89-237, S. 2, 5, 11; 89-354, S. 15, 21; P.A. 90-325, S. 12, 32; P.A. 93-262, S. 1, 87; P.A. 11-44, S. 54; June 12 Sp. Sess. P.A. 12-1, S. 66; P.A. 13-7, S. 4; P.A. 17-202, S. 60; P.A. 19-157, S. 64.)

History: P.A. 89-237 changed the program from a three-year pilot to a permanent program, provided that counselors be placed in school districts selected by the division of vocational rehabilitation, deleted obsolete provision re report to general assembly due January 15, 1989, and made a technical change (Revisor's note: The term “division of vocational rehabilitation” was changed editorially by the Revisors to “bureau of rehabilitation services” when P.A. 89-237 was merged with P.A. 89-354 to reflect the name change in section 5 of P.A. 89-354); P.A. 89-354 changed pilot program to continuing program, changed division of vocational services to bureau of rehabilitation services, changed responsibilities of program from state board of education to department of human resources and added the school district of Norwich to section and deleted obsolete study report, effective July 1, 1990; P.A. 90-325 changed the effective date of P.A. 89-354 from July 1, 1990, to 60 days after the determination by the Office of Special Education and Rehabilitation Services of the U.S. Department of Education that department of human resources meets all applicable federal statutory and regulatory requirements to be designated as sole state agency to administer the state plan for vocational rehabilitation services and that proposed bureau of rehabilitation services within the department meets all applicable federal statutory and regulatory requirements as a vocational rehabilitation organizational unit, i.e. July 1, 1991; Sec. 10-99e transferred to Sec. 17-624 in 1993; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17-624 transferred to Sec. 17b-612 in 1995; P.A. 11-44 replaced “Department of Social Services” and “Bureau of Rehabilitation Services” with “Bureau of Rehabilitative Services”, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, effective July 1, 2012; P.A. 13-7 replaced provision re placement of vocational rehabilitation counselors in specified school districts with provision re rehabilitation counselors to be provided to school districts throughout the state, effective July 1, 2013; P.A. 17-202 replaced references to disabled students with references to students with disabilities; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 17b-612 transferred to Sec. 17a-791 in 2023.

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Sec. 17a-792. (Formerly Sec. 17b-613). Definitions. As used in this section and sections 17a-793 and 17a-794:

(1) “Center for independent living” means a consumer-controlled, community-based, nonprofit corporation which provides consumers or their families with independent living services, as identified by community residents with disabilities and service providers. A center shall provide program information to all community residents about the needs of people with disabilities. Personal care assistant services arranged for or provided by independent living centers shall not be required to be licensed or certified;

(2) “Independent living services” shall include, but not be limited to, advocacy, peer counseling, independent living skills assessment, counseling and training information and referral, and other programs and services which would promote the independence, productivity and quality of life for people with disabilities;

(3) “Consumer” means an individual with a significant physical or mental impairment whose ability to function independently in the family or community or whose ability to obtain, maintain or advance in employment is substantially limited and for whom the delivery of independent living services will improve the ability to function, continue functioning, or move toward functioning independently in the family or community or to continue in employment, respectively;

(4) “Consumer-controlled” means that at least fifty-one per cent of the members of the board of directors of a center for independent living are consumers.

(P.A. 87-563, S. 1, 5; P.A. 95-355, S. 7; P.A. 17-202, S. 61; P.A. 18-55, S. 11.)

History: Sec. 10-4i transferred to Sec. 17-625 in 1993; Sec. 17-625 transferred to Sec. 17b-613 in 1995; P.A. 95-355 changed “independent living center” to “center for independent living” and redefined “consumer”; P.A. 17-202 amended Subdiv. (1) by replacing “personal care attendant” with “personal care assistant”, amended Subdiv. (3) by replacing “severe physical or mental impairment” with “significant physical or mental impairment” and made technical changes; P.A. 18-55 made technical changes; Sec. 17b-613 transferred to Sec. 17a-792 in 2023.

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Sec. 17a-793. (Formerly Sec. 17b-614). State-wide network of independent living centers. (a) The Department of Aging and Disability Services shall establish and maintain a state-wide network of centers for independent living.

(b) Not more than five per cent of the amount appropriated in any fiscal year for the purposes of this section may be used by the Department of Aging and Disability Services to provide state-wide administration, evaluation and technical assistance relating to the implementation of this section.

(P.A. 87-563, S. 2, 5; P.A. 89-354, S. 2, 21; P.A. 90-325, S. 12, 32; P.A. 93-262, S. 1, 87; P.A. 95-355, S. 8; P.A. 11-44, S. 55; June 12 Sp. Sess. P.A. 12-1, S. 67; P.A. 19-157, S. 65.)

History: P.A. 89-354 changed name of division of rehabilitation services to bureau of rehabilitation services and transferred the bureau from the department of education to the department of human resources, effective July 1, 1990; P.A. 90-325 changed the effective date of P.A. 89-354 from July 1, 1990, to sixty days after the determination by the Office of Special Education and Rehabilitation Services of the U.S. Department of Education that department of human resources meets all applicable federal statutory and regulatory requirements to be designated as sole state agency to administer the state plan for vocational rehabilitation services and that proposed bureau of rehabilitation services within the department meets all applicable federal statutory and regulatory requirements as a vocational rehabilitation organizational unit; i.e. July 1, 1991; Sec. 10-4j transferred to Sec. 17-626 in 1993; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17-626 transferred to Sec. 17b-614 in 1995; P.A. 95-355 amended Subsec. (a) by changing the reference to “independent living centers” to “centers for independent living”; P.A. 11-44 amended Subsec. (a) by replacing “Bureau of Rehabilitation Services within the Department of Social Services” with “Bureau of Rehabilitative Services” and amended Subsec. (b) by replacing “Department of Social Services” with “Bureau of Rehabilitative Services”, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, effective July 1, 2012; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 17b-614 transferred to Sec. 17a-793 in 2023.

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Sec. 17a-794. (Formerly Sec. 17b-615). State-wide Independent Living Council. (a) The Governor shall appoint a state-wide Independent Living Council, in accordance with Title VII of the Rehabilitation Act of 1973, 29 USC 701 et seq., as amended from time to time.

(b) The council shall meet regularly with the Commissioner of Aging and Disability Services and shall perform the following duties: (1) Issue an annual report by January first, with recommendations regarding independent living services and centers, to the Governor and the chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to human services, and (2) consult with, advise and make recommendations to the Department of Aging and Disability Services concerning independent living and related policy, management and budgetary issues.

(c) Council members who are consumers shall be reimbursed for expenses incurred in the performance of their duties as council members.

(P.A. 87-563, S. 3, 5; P.A. 89-144, S. 3; 89-354, S. 3, 21; P.A. 90-325, S. 12, 32; P.A. 93-262, S. 1, 87; P.A. 95-355, S. 9; P.A. 11-44, S. 56; June 12 Sp. Sess. P.A. 12-1, S. 68; P.A. 19-157, S. 66.)

History: P.A. 89-144 amended Subsec. (a) by substituting the office of protection and advocacy for persons with disabilities for the office of protection and advocacy for handicapped and developmentally disabled persons; P.A. 89-354 changed responsibility of section from the director of division of rehabilitation services to the commissioner of human resources, effective July 1, 1990; P.A. 90-325 changed the effective date of P.A. 89-354 from July 1, 1990, to 60 days after the determination by the Office of Special Education and Rehabilitation Services of the U.S. Department of Education that department of human resources meets all applicable federal statutory and regulatory requirements to be designated as sole state agency to administer the state plan for vocational rehabilitation services and that proposed bureau of rehabilitation services within the department meets all applicable federal statutory and regulatory requirements as a vocational rehabilitation organizational unit, i.e. July 1, 1991; Sec. 10-4k transferred to Sec. 17-627 in 1993 and reference to Sec. 10-4i changed to 17-625 to reflect its transfer; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17-627 transferred to Sec. 17b-615 in 1995; P.A. 95-355 replaced the Independent Living Advisory Council with a state-wide Independent Living Council to be appointed by the Governor in accordance with Title VII of the Rehabilitation Act of 1973, 29 USC 701 et seq., as amended from time to time; P.A. 11-44 amended Subsec. (b) by replacing “Bureau of Rehabilitation Services” and “department” with “Bureau of Rehabilitative Services”, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (b) by replacing “director of the Bureau of Rehabilitative Services” with “Commissioner of Rehabilitation Services” and replacing “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, effective July 1, 2012; P.A. 19-157 amended Subsec. (b) by replacing “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services” and replacing “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 17b-615 transferred to Sec. 17a-794 in 2023.

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Sec. 17a-795. (Formerly Sec. 17b-607). Assistive Technology Loan Program. Assistive technology evaluation and training services. (a) The Commissioner of Aging and Disability Services is authorized to establish and administer state financing activities as outlined in the federal Assistive Technology Act of 2004, P.L. 108-364, as amended from time to time, to be known as the Assistive Technology Loan Program. The program shall be used by the commissioner to make and guarantee loans to persons with disabilities, older adults or the family members of persons with disabilities or older adults for the purchase of assistive technology and adaptive equipment and services. Each such loan shall be made for a term of not more than ten years. Any loans made under this section shall bear interest at a fixed rate not to exceed six per cent. The commissioner is authorized to expend any funds necessary for the reasonable direct expenses relating to the administration of the program. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the purposes of this section.

(b) The State Bond Commission shall have power from time to time to authorize the issuance of bonds of the state in one or more series in accordance with section 3-20 and in a principal amount necessary to carry out the purposes of this section, but not in excess of an aggregate amount of one million dollars. All of the bonds shall (1) be payable at such place or places as may be determined by the Treasurer pursuant to section 3-19, (2) bear such date or dates, (3) mature at such time or times, not exceeding five years from their respective dates, (4) bear interest at such rate or different or varying rates and payable at such time or times, (5) be in such denominations, (6) be in such form with or without interest coupons attached, (7) carry such registration and transfer privileges, (8) be payable in such medium of payment, and (9) be subject to such terms of redemption with or without premium as, irrespective of the provisions of section 3-20, may be provided by the authorization of the State Bond Commission or fixed in accordance therewith. The proceeds of the sale of such bonds shall be deposited in the Assistive Technology Loan Program created by this section. Such bonds 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. 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 Treasurer shall pay such principal and interest as the same become due. Net earnings on investments or reinvestments of proceeds, accrued interest and premiums on the issuance of such bonds, after payment therefrom of expenses incurred by the Treasurer or State Bond Commission in connection with their issuance, shall be deposited in the General Fund of the state.

(c) The Connecticut Tech Act Project, within the Department of Aging and Disability Services and as authorized by 29 USC 3001, as amended from time to time, may provide assistive technology evaluation and training services upon the request of any person or any public or private entity, to the extent persons who provide assistive technology services are available. The project may charge a fee to any person or entity receiving such assistive technology evaluation and training services to reimburse the department for its costs. The Commissioner of Aging and Disability Services shall establish fees at reasonable rates that will cover the department's direct and indirect costs.

(May Sp. Sess. P.A. 92-7, S. 26, 36; P.A. 93-262, S. 1, 87; June Sp. Sess. P.A. 93-1, S. 26, 45; P.A. 13-7, S. 3; 13-234, S. 108; P.A. 19-157, S. 63; P.A. 21-151, S. 3.)

History: P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; June Sp. Sess. P.A. 93-1 amended Subsec. (b) to increase bond authorization from $500,000 to $1,000,000, effective July 1, 1994; Sec. 17-606a transferred to Sec. 17b-607 in 1995; P.A. 13-7 amended Subsec. (a) to replace “Commissioner of Social Services” with “Commissioner of Rehabilitation Services”, to add provision requiring fund to be used to make loans to senior citizens or family members of persons with disabilities and senior citizens, to add provision requiring funds to be used for loans for assistive technology and adaptive services, to change maximum loan term from 5 years to 10 years, to replace provision re interest to be determined in accordance with Sec. 3-20(t) with provision re loans made after July 1, 2013, to bear interest at fixed rate not to exceed 6 per cent and to add reference to chapter 54 re adoption of regulations, effective July 1, 2013; P.A. 13-234 made identical changes as P.A. 13-7 in Subsec. (a) and added Subsec. (c) re Connecticut Tech Act Project, effective July 1, 2013; P.A. 19-157 replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services” in Subsecs. (a) and (c) and replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services” in Subsec. (c); P.A. 21-151 amended Subsecs. (a) and (b) by replacing “Assistive Technology Revolving Fund” with “Assistive Technology Loan Program”, amended Subsec. (a) by substituting “older adults” for “senior citizens”, amended Subsec. (b) by redesignating existing provisions as Subdivs. (1) to (9) and made technical changes, effective July 1, 2021; Sec. 17b-607 transferred to Sec. 17a-795 in 2023.

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Sec. 17a-796. (Formerly Sec. 17b-656). Preference to be given to products and services rendered by persons with disabilities. Whenever any products made or manufactured by or services provided by persons with disabilities through community rehabilitation programs or in any workshop established, operated or funded by nonprofit and nonsectarian organizations for the purpose of providing persons with disabilities training and employment suited to their abilities meet the requirements of any department, institution or agency supported in whole or in part by the state as to quantity, quality and price such products shall have preference over products or services from other providers, except (1) articles produced or manufactured by Department of Correction industries as provided in section 18-88, (2) emergency purchases made under section 4-98, and (3) janitorial or contractual services provided by a qualified partnership, pursuant to the provisions of subsections (b) to (d), inclusive, of section 4a-82. A list describing styles, designs, sizes and varieties of all such articles made by persons with disabilities and describing all available services provided by such persons shall be prepared by the Connecticut Community Providers Association.

(P.A. 77-405, S. 2, 5; P.A. 89-354, S. 9, 21; P.A. 90-325, S. 12, 32; P.A. 93-262, S. 1, 87; P.A. 95-355, S. 5; P.A. 06-129, S. 5; P.A. 11-44, S. 29; June 12 Sp. Sess. P.A. 12-1, S. 74; P.A. 13-227, S. 4; P.A. 14-188, S. 14; P.A. 16-118, S. 1.)

History: P.A. 89-354 changed responsibilities of vocational rehabilitation services from state board of education to department of human resources and changed “handicapped individual” to “person with a disability”, effective July 1, 1990; P.A. 90-325 changed the effective date of P.A. 89-354 from July 1, 1990, to 60 days after the determination by the Office of Special Education and Rehabilitation Services of the U.S. States Department of Education that department of human resources meets all applicable federal statutory and regulatory requirements to be designated as sole state agency to administer the state plan for vocational rehabilitation services and that proposed bureau of rehabilitation services within the department meets all applicable federal statutory and regulatory requirements as a vocational rehabilitation organizational unit, i.e. July 1, 1991; Sec. 10-103a transferred to Sec. 17-666 in 1993 and internal reference to Sec. 10-103 revised to reflect its transfer; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17-666 transferred to Sec. 17b-656 in 1995; P.A. 95-355 changed the reference of “rehabilitation facilities” to “community rehabilitation programs”; P.A. 06-129 added Subdiv. (4) re exception for janitorial services provided by a qualified partnership and changed “Connecticut Association of Rehabilitation Facilities” to “Connecticut Community Providers Association”; P.A. 11-44 replaced “Bureau of Rehabilitation Services of the Department of Social Services” with “Bureau of Rehabilitative Services”, deleted former Subdiv. (1) re exception for articles produced by blind persons, redesignated existing Subdivs. (2) to (4) as Subdivs. (1) to (3), and deleted provision requiring Bureau of Rehabilitation Services to cooperate with State Board of Education and Services for the Blind, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, effective July 1, 2012; P.A. 13-227 replaced reference to Sec. 4a-82(e) with reference to Sec. 4a-82(d) in Subdiv. (3); P.A. 14-188 amended Subdiv. (3) to add reference to contractual services; P.A. 16-118 deleted reference to Sec. 17b-655(b) and deleted provisions re purchase of articles and services from Department of Rehabilitation Services; Sec. 17b-656 transferred to Sec. 17a-796 in 2023.

See Sec. 17a-781 for definitions applicable to vocational rehabilitation.

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Sec. 17a-797. (Formerly Sec. 17b-657). Duties of Department of Aging and Disability Services regarding medical, diagnostic, physical restoration training and other rehabilitation services. The Department of Aging and Disability Services is authorized to provide such medical, diagnostic, physical restoration, training and other rehabilitation services as may be needed to enable persons with disabilities to attain the maximum degree of self care. The powers herein delegated and authorized to the Department of Aging and Disability Services shall be in addition to those authorized by any other law and shall become effective upon authorization of federal grant-in-aid funds for participation in the cost of independent living rehabilitation services for persons with disabilities. The Department of Aging and Disability Services shall be authorized to cooperate with whatever federal agency is directed to administer the federal aspects of such program and to comply with such requirements and conditions as may be established for the receipt and disbursement of federal grant-in-aid funds which may be made available to the state of Connecticut in carrying out such program.

(P.A. 79-344, S. 4; P.A. 89-354, S. 10, 21; P.A. 90-325, S. 12, 32; P.A. 93-262, S. 1, 87; P.A. 11-44, S. 61; June 12 Sp. Sess. P.A. 12-1, S. 75; P.A. 19-157, S. 73.)

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Sec. 17a-798. (Formerly Sec. 17b-666). Employment opportunities program for underserved persons with significant disabilities. Regulations. (a) The Department of Aging and Disability Services may receive state and federal funds to administer, within available appropriations, an employment opportunities program to serve individuals with the most significant disabilities who do not meet the eligibility requirements of supported employment programs administered by the Departments of Developmental Services, Social Services and Mental Health and Addiction Services. For the purposes of this section, “individuals with the most significant disabilities” means those individuals who (1) have serious employment limitations in a total of three or more functional areas including, but not limited to, mobility, communication, self-care, interpersonal skills, work tolerance or work skills, or (2) will require significant ongoing disability-related services on the job in order to maintain employment.

(b) The employment opportunities program shall provide extended services, as defined in 34 CFR 361.5(b)(19), that are necessary for individuals with the most significant disabilities to maintain supported employment. Such services shall include coaching and other related services that allow participants to obtain and maintain employment and maximize economic self-sufficiency.

(c) The Department of Aging and Disability Services shall adopt regulations, in accordance with chapter 54, to implement the provisions of this section.

(P.A. 01-61, S. 1, 2; P.A. 07-73, S. 2(a); P.A. 11-44, S. 67; June 12 Sp. Sess. P.A. 12-1, S. 81; May Sp. Sess. P.A. 16-3, S. 60; P.A. 19-157, S. 78.)

History: P.A. 01-61 effective July 1, 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. 11-44 replaced “Bureau of Rehabilitation Services of the Department of Social Services” with “Bureau of Rehabilitative Services” in Subsec. (a) and made a conforming change in Subsec. (c), effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 amended Subsecs. (a) and (c) by replacing “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, effective July 1, 2012; May Sp. Sess. P.A. 16-3 amended Subsec. (a) by adding “, Social Services”, effective July 1, 2016; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 17b-666 transferred to Sec. 17a-798 in 2023.

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Sec. 17a-799. (Formerly Sec. 17b-651a). Disability determination services unit. Inquiries into criminal history of applicants for employment. The Commissioner of Aging and Disability Services shall inquire into the criminal history of any applicant, who is not at the time of application employed by the Department of Aging and Disability Services, for a position of employment with the department's disability determination services unit. Such inquiry shall be conducted in accordance with the provisions of section 31-51i. The commissioner shall require each such applicant to state whether the applicant has ever been convicted of a crime, whether criminal charges are pending against the applicant at the time of application, and, if so, to identify the charges and court in which such charges are pending. Each such applicant offered a position of employment with the department's disability determination services unit shall be required to submit to fingerprinting and state and national criminal history records checks, as provided in section 29-17a.

(Sept. Sp. Sess. P.A. 09-5, S. 67; P.A. 11-44, S. 57; June 12 Sp. Sess. P.A. 12-1, S. 70; P.A. 19-157, S. 69.)

History: Sept. Sp. Sess. P.A. 09-5 effective October 5, 2009; P.A. 11-44 replaced “Commissioner of Social Services” with “director of the Bureau of Rehabilitative Services”, replaced “Department of Social Services” with “Bureau of Rehabilitative Services”, and made conforming changes, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced references to director of the Bureau of Rehabilitative Services with references to Commissioner of Rehabilitation Services and replaced references to Bureau of Rehabilitative Services with references to Department of Rehabilitation Services, effective July 1, 2012; P.A. 19-157 replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services” and replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 17b-651a transferred to Sec. 17a-799 in 2023.

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Secs. 17a-800 to 17a-809. Reserved for future use.

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PART II

EDUCATION OF, AND SERVICES FOR, THE BLIND

Sec. 17a-810. (Formerly Sec. 10-293). Advisory Board for Persons Who are Blind or Visually Impaired; advisor to Department of Aging and Disability Services. Membership. (a) There is established an Advisory Board for Persons Who are Blind or Visually Impaired that shall serve as an advisor to the Department of Rehabilitation Services in fulfilling its responsibilities in providing services to persons who are blind or visually impaired in the state.

(b) (1) The Advisory Board for Persons Who are Blind or Visually Impaired shall consist of members appointed as follows: Six appointed by the Governor, one appointed by the president pro tempore of the Senate, one appointed by the speaker of the House of Representatives, one appointed by the majority leader of the Senate, one appointed by the minority leader of the Senate, one appointed by the majority leader of the House of Representatives and one appointed by the minority leader of the House of Representatives and all shall be residents of the state. The Commissioner of Social Services shall be an ex-officio member. One of the members appointed by the Governor shall be the parent of a child who receives services provided by the Department of Aging and Disability Services, and not less than two of the members appointed by the Governor shall be persons who are blind.

(2) Three members appointed by the Governor shall serve a term of four years. Three members appointed by the Governor shall serve a term of two years. The three members appointed by the president pro tempore of the Senate, the majority leader of the Senate and the minority leader of the Senate shall serve a term of four years. The three members appointed by the speaker of the House of Representatives, the majority leader of the House of Representatives, and the minority leader of the House of Representatives shall serve a term of two years. Thereafter, all members shall be appointed for a term of four years, commencing on January fourth of the year of the appointment.

(3) One of the members appointed by the Governor shall be designated by the Governor as the chairperson of the advisory board. The advisory board shall meet annually in the month of September and may meet at any other time upon the call of its chairperson; and the chairperson shall call a meeting at the request of two or more members. Any appointed member who fails to attend three consecutive meetings or fifty per cent of all meetings held during any calendar year shall be deemed to have resigned. A majority of the members in office shall constitute a quorum. The appointing authority may, for reasonable cause, remove any appointed member and appoint another person to fill the vacancy for the unexpired portion of the term. Any vacancy in the advisory board shall be filled by the appointing authority for the unexpired portion of the term.

(1949 Rev., S. 1608; 1957, P.A. 249; September, 1957, P.A. 13, S. 7; 1961, P.A. 539, S. 2; 1963, P.A. 386, S. 1; 1967, P.A. 582, S. 1; P.A. 74-150, S. 1; P.A. 77-614, S. 536, 610; P.A. 84-361, S. 1, 7; P.A. 88-156, S. 6; P.A. 93-262, S. 1, 87; P.A. 04-90, S. 1; P.A. 05-156, S. 3; P.A. 06-124, S. 1; P.A. 11-44, S. 7; June 12 Sp. Sess. P.A. 12-1, S. 39; P.A. 17-202, S. 22; P.A. 19-157, S. 19.)

History: 1961 act allowed governor to appoint staff member in his place and changed secretary of board to executive secretary; 1963 act changed name of board and made executive secretary its director; 1967 act changed membership requirements for board by adding an additional member who shall be a blind person for a total of eight members, two of whom shall be blind; P.A. 74-150 deleted requirement that one member be a woman; P.A. 77-614 removed governor and chief justice of supreme court as members, installed commissioner of human resources as member, decreased number of members to seven and added Subsec. (b) placing board within human resources department for administrative purposes, effective January 1, 1979; P.A. 84-361 amended Subsec. (a) by adding provisions re attendance requirements for retaining membership and re members needed for quorum; P.A. 88-156 deleted language re four-year term of office; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 04-90 amended Subsec. (a) to require that one member be the parent of a child who receives services provided by the board and not less than two members be blind persons and to make conforming and technical changes; P.A. 05-156 amended Subsec. (a) to specify that a board member appointed by the Governor shall be designated as board chairperson, substitute “chairperson” for “director” re calling of board meetings and delete provision re board adopting rules for its own action and regulations for determining persons who receive benefits; P.A. 06-124 amended Subsec. (a) by specifying that board is to serve as the central policy making authority in providing services to the blind and visually impaired in the state and by adding that the terms of the current board members shall expire on January 3, 2007, added new Subsec. (b) re composition of the board on and after January 4, 2007, added Subsec. (c) re duties of and report from the board, and redesignated existing Subsec. (b) as Subsec. (d), effective June 2, 2006; P.A. 11-44 amended Subsec. (a) by replacing provision designating board as policy making authority with provision requiring board to serve as advisor to Bureau of Rehabilitative Services and deleting provision re board membership, amended Subsec. (b)(1) by deleting “On and after January 4, 2007”, amended Subsec. (b)(3) by adding provision requiring chairperson to call a meeting at the request of more than 2 members, deleted former Subsec. (c) re duties of board, and deleted former Subsec. (d) re board within Department of Social Services for administrative purposes, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (a) by replacing “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, effective July 1, 2012; P.A. 17-202 amended Subsecs. (a), (b)(1) and (b)(3) by replacing reference to Board of Education and Services for the Blind with reference to Advisory Board for Persons Who are Blind or Visually Impaired and replacing reference to blind persons with reference to persons who are blind, further amended Subsec. (b)(1) by replacing “board” with “Department of Rehabilitation Services”, and made technical and conforming changes; P.A. 19-157 amended Subsec. (b)(1) by replacing “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 10-293 transferred to Sec. 17a-810 in 2023.

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Sec. 17a-811. (Formerly Sec. 10-294a). Legal blindness. Impaired vision. Defined. For the purposes of this chapter:

(a) A person is legally blind if such person's central visual acuity does not exceed 20/200 in the better eye with correcting lenses, or if such person's visual acuity is greater than 20/200 but is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees;

(b) A person has impaired vision if such person's central visual acuity does not exceed 20/70 in the better eye with correcting lenses.

(1961, P.A. 539, S. 1; 1969, P.A. 767, S. 1; P.A. 75-231, S. 1, 6; P.A. 78-218, S. 200; P.A. 05-156, S. 5.)

History: 1969 act defined what is meant by impaired vision; P.A. 75-231 defined what is meant by products made or manufactured by the blind; P.A. 78-218 added feminine personal pronouns; P.A. 05-156 amended Subsec. (a) to replace “blind” with “legally blind”, made technical changes in Subsecs. (a) and (b) for the purpose of gender neutrality and deleted former Subsec. (c) re definition of products made or services provided by blind persons; Sec. 10-294a transferred to Sec. 17a-811 in 2023.

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Sec. 17a-812. (Formerly Sec. 10-295). Specialized vision-related instruction, educational programs, goods and services. Expense of services. Teachers and educational resources; funding. Adult home instruction. Adaptive equipment. (a) All residents of this state, regardless of age, who, because of blindness or impaired vision, require specialized vision-related educational programs, goods and services, on the signed recommendation of the Commissioner of Aging and Disability Services, shall be entitled to receive such instruction, programs, goods and services for such length of time as is deemed expedient by said commissioner. Upon the petition of any parent or guardian of a child who is blind or visually impaired, a local board of education may provide such instruction within the town or it may provide for such instruction by agreement with other towns as provided in subsection (d) of section 10-76d. All educational privileges prescribed in part V of chapter 164, not inconsistent with the provisions of this chapter, shall apply to the pupils covered by this subsection.

(b) The Commissioner of Aging and Disability Services shall expend funds for the services made available pursuant to subsection (a) of this section from the educational aid for children who are blind or visually impaired account in accordance with the provisions of this subsection. The Commissioner of Aging and Disability Services may adopt, in accordance with the provisions of chapter 54, such regulations as the commissioner deems necessary to carry out the purpose and intent of this subsection.

(1) The Commissioner of Aging and Disability Services shall provide, upon written request from any interested school district, the services of teachers who instruct students who are visually impaired, based on the levels established in the individualized education or service plan. The Commissioner of Aging and Disability Services shall also make available resources, including, but not limited to, the braille and large print library, to all teachers of public and nonpublic school children. The commissioner may also provide vision-related professional development and training to all school districts and cover the actual cost for paraprofessionals from school districts to participate in agency-sponsored braille training programs. The commissioner shall utilize education consultant positions, funded by moneys appropriated from the General Fund, to supplement new staffing that will be made available through the educational aid for children who are blind or visually impaired account, which shall be governed by formal written policies established by the commissioner.

(2) The Commissioner of Aging and Disability Services may use funds appropriated to said account to provide specialized books, materials, equipment, supplies, adaptive technology services and devices, specialist examinations and aids, preschool programs and vision-related independent living services, excluding primary educational placement, for eligible children.

(3) The Commissioner of Aging and Disability Services may, within available appropriations, employ certified teachers who instruct students who are visually impaired in sufficient numbers to meet the requests for services received from school districts. In responding to such requests, the commissioner shall utilize a formula for determining the number of teachers needed to serve the school districts, crediting six points for each child learning braille and one point for each other child, with one full-time certified teacher who instructs students who are visually impaired assigned for every twenty-five points credited. The commissioner shall exercise due diligence to employ the needed number of certified teachers who instruct students who are visually impaired, but shall not be liable for lack of resources. Funds appropriated to said account may also be utilized to employ additional staff in numbers sufficient to provide compensatory skills, evaluations and training to children who are blind or visually impaired, special assistants and other support staff necessary to ensure the efficient operation of service delivery. Not later than October first of each year, the Commissioner of Aging and Disability Services shall determine the number of teachers needed based on the formula provided in this subdivision. Based on such determination, the Commissioner of Aging and Disability Services shall estimate the funding needed to pay such teachers' salaries and related expenses.

(4) In any fiscal year, when funds appropriated to cover the combined costs associated with providing the services set forth in subdivisions (2) and (3) of this subsection are projected to be insufficient, the Commissioner of Aging and Disability Services may collect revenue from all school districts that have requested such services on a per student pro rata basis, in the sums necessary to cover the projected portion of these services for which there are insufficient appropriations.

(c) The Commissioner of Aging and Disability Services may provide for the instruction of adults who are blind in their homes, expending annually for this purpose such sums as the General Assembly may appropriate.

(d) The Commissioner of Aging and Disability Services may expend up to ten thousand dollars per fiscal year per person twenty-one years of age or older who is both blind or visually impaired and deaf, in addition to any other expenditures for such person, for the purpose of providing community inclusion services through specialized public and private entities from which such person can benefit. The commissioner may determine the criteria by which a person is eligible to receive specialized services and may adopt regulations necessary to carry out the provisions of this subsection. For purposes of this subsection, “community inclusion services” means the assistance provided to persons with disabilities to enable them to connect with their peers without disabilities and with the community at large.

(e) The Commissioner of Aging and Disability Services may, within available appropriations, purchase adaptive equipment for persons receiving services pursuant to this chapter.

(1949 Rev., S. 1610; 1949, 1953, 1955, S. 1002d; March, 1958, P.A. 17, S. 1; 1959, P.A. 582; 591; 1961, P.A. 539, S. 4; 1963, P.A. 386, S. 3; 577; February, 1965, P.A. 289, S. 1, 2; 574, S. 12; 1967, P.A. 462, S. 1, 2; 1969, P.A. 159, S. 1, 2; 580, S. 1, 2; 767, S. 2; 1971, P.A. 567, S. 1; 1972, P.A. 212, S. 1; P.A. 73-469, S. 1, 2; P.A. 74-260, S. 1, 2; P.A. 78-211, S. 1, 2; 78-218, S. 201; P.A. 79-525, S. 1; P.A. 81-378, S. 1, 2; June 18 Sp. Sess. P.A. 97-2, S. 138, 165; P.A. 98-252, S. 26, 80; P.A. 03-219, S. 1; P.A. 04-16, S. 1; P.A. 05-156, S. 6; P.A. 08-133, S. 1; P.A. 11-44, S. 8; June 12 Sp. Sess. P.A. 12-1, S. 40; P.A. 13-234, S. 70; June Sp. Sess. P.A. 15-5, S. 369; P.A. 16-118, S. 2; May Sp. Sess. P.A. 16-3, S. 80; P.A. 17-202, S. 26; P.A. 19-157, S. 20.)

History: 1959 acts required that child and either parent or guardian have resided in state for three years immediately preceding application for aid and increased maximum payment by the state; 1961 act further increased maximum payment, increased the maximum additional sum payable, added the provision for blind children with other severe physical handicaps or mental retardation or emotionally maladjusted children, reduced the residence requirement from three years to one year and added Subsec. (c); 1963 acts increased the state's maximum payment and changed the name of the board; 1965 acts increased maximum payment for instruction in Subsec. (a) from $2,100 to $2,700 per year and increased maximum payment in Subsec. (b) from $4,500 to 5,000 per year and substituted Sec. 10-75g for reference to repealed Sec. 10-81 in Subsec. (a); 1967 act increased maximum payment in Subsec. (a) to $2,900 and in Subsec. (b) to $5,500; 1969 acts amended Subsec. (a) to require recommendation of director rather than affirmative vote of three board members for special instruction, to require director to submit names of those recommended to the board, to substitute Sec. 10-76d for Sec. 10-75g, to increase maximum payment for instruction to $3,400, to increase clothing payments from $60 to $100, to add provisions re reimbursement for transportation costs and to extend provisions to those with impaired vision, amended Subsec. (b) to require bona fide residency for eligibility rather than three years' residency, to increase maximum payment to $6,000 and to extend provisions to those with impaired vision; 1971 act made provisions applicable to persons regardless of age, increased maximum payment in Subsec. (a) to $4,000 and in Subsec. (b) to $7,000; 1972 act increased maximum payment in Subsec. (a) to $4,800 and in Subsec. (b) to $8,400; P.A. 73-469 increased payment in Subsec. (a) to $5,400; P.A. 74-260 increased payment in Subsec. (a) to $6,400 and in Subsec. (b) to $9,400; P.A. 78-211 increased maximum payment in Subsec. (b) to $12,000; P.A. 78-218 included regional boards of education in transportation reimbursement provisions in Subsec. (a) and removed masculine personal pronouns in Subsec. (b); P.A. 79-525 added Subsec. (d) re expenditures for persons 21 or older who are both blind or visually impaired and deaf; P.A. 81-378 raised maximum expenditure per year per child from $12,000 to $14,000 in Subsec. (b); June 18 Sp. Sess. P.A. 97-2 amended Subsec. (a) by requiring a local or regional board of education to request reimbursement by the first of June for expenses incurred during the preceding first of July through the thirty-first of December and by the first of December for expenses incurred during the preceding first of January through the thirtieth of June, amended Subsec. (b) by decreasing the amount of funds the board may expend for sending certain children to specialized facilities from $14,000 to $11,000, and added Subsec. (e) allowing the board to purchase adaptive equipment and specifying the cost limits of such purchases, effective July 1, 1997; P.A. 98-252 amended Subsec. (a) to substitute referral by a local or regional board of education for referral by the State Board of Education for purposes of providing instruction to children with vision greater than as defined in Sec. 10-294a, effective July 1, 1998; P.A. 03-219 amended Subsec. (a) by substituting “specialized vision-related educational programs, goods and services” for “special educational programs”, making conforming change, and deleting provisions re submission of names by director to the board, “educable” child, $6,400 per person instructional spending limit, $100 per person clothing allowance, $300 per person transportation allowance, and services to a child with vision greater than as defined in Sec. 10-294a, amended Subsec. (b) by deleting provisions re $11,000 per fiscal year per child instructional spending limit for children with multiple handicaps, adding provision re $6,400 per fiscal year per child instructional spending limit and adding Subdivs. (1) to (6) re educational resources and teachers provided by the Board of Education and Services for the Blind to school districts, establishment of formula to determine the number of teachers needed to serve a district, and establishment of pro rata formula for distribution of funds from educational aid for blind and visually handicapped children account, effective July 9, 2003; P.A. 04-16 made technical changes; P.A. 05-156 amended Subsec. (b)(1) to provide that agency may cover actual cost for paraprofessionals to participate in agency-sponsored Braille training programs, amended Subsec. (b)(3) to authorize use of account funds to employ rehabilitation teachers, rehabilitation technologists and orientation and mobility teachers, amended Subsec. (b)(5) to add requirement that costs of retaining teacher for the visually impaired are reimbursable provided such teacher has participated in not less than five hours of professional development training on vision impairment or blindness during school year, amended Subsec. (b)(6) to provide for distribution of funds contingent on school district submitting an annual progress report for each eligible child, amended Subsec. (d) by substituting “providing services through specialized public and private entities” for “sending such person to a specialized public or private facility within the state” and making conforming changes and amended Subsec. (e) to delete provision re maximum cost that board could expend for purchase of adaptive equipment; P.A. 08-133 amended Subsec. (b)(3) to permit 5% of funds appropriated to account to be used to employ special assistants to the blind and other support staff, effective July 1, 2008; P.A. 11-44 replaced “Board of Education and Services for the Blind” with “Bureau of Rehabilitative Services” or “director of the Bureau of Rehabilitative Services” and made technical and conforming changes, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “director of the Bureau of Rehabilitative Services” and “director” with “Commissioner of Rehabilitation Services” and “commissioner”, respectively, effective July 1, 2012; P.A. 13-234 amended Subsec. (b) by deleting provision re fiscal year maximum payment of $6,400, deleting former Subdivs. (5) and (6) re remaining funds in educational services account to be returned to school districts and making technical changes, effective July 1, 2013; June Sp. Sess. P.A. 15-5 amended Subsec. (b)(3) by replacing “rehabilitation teachers, rehabilitation technologists and orientation and mobility teachers” with “additional staff”, deleting provision re up to 5 per cent of appropriation may be utilized to employ special assistants, and deleting “benefits” re commissioner's estimate of funding, effective July 1, 2015; P.A. 16-118 amended Subsec. (d) by adding “in addition to other expenditures for such person”, adding reference to community inclusion and adding definition of “community inclusion services”; May Sp. Sess. P.A. 16-3 amended Subsec. (b)(2) to replace “shall” with “may” in provision re funds appropriated to account, and to delete provision re per child statutory maximum, effective July 1, 2016; P.A. 17-202 amended Subsec. (a) by replacing “blind child or a child with impaired vision” with “child who is blind or visually impaired”, amended Subsec. (b) by replacing references to blind and visually handicapped children with references to children who are blind or visually impaired, and replacing “of the visually impaired” with “who instruct students who are visually impaired” in Subdivs. (1) and (3), and made technical and conforming changes; P.A. 19-157 replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; Sec. 10-295 transferred to Sec. 17a-812 in 2023.

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Sec. 17a-813. (Formerly Sec. 10-296). Contracts with public or private entities. The Commissioner of Aging and Disability Services may, within available appropriations, contract with public or private entities, individuals or private enterprises for the instruction of persons who are blind.

(1949 Rev., S. 1612; 1961, P.A. 539, S. 5; 1963, P.A. 386, S. 4; 1969, P.A. 159, S. 3; P.A. 05-156, S. 7; P.A. 11-44, S. 9; June 12 Sp. Sess. P.A. 12-1, S. 41; P.A. 17-202, S. 27; P.A. 19-157, S. 21.)

History: 1961 act changed the technical language of the statute, changed the upper age limit from 16 to 18 years, added requirement that application be made by the executive secretary of the board, added requirement that an initial investigation be made and changed the substance of the court order; 1963 act changed executive secretary to director; 1969 act substituted director for board; P.A. 05-156 substituted “available appropriations” for “the expenditure therefor provided in section 10-295” and “entities” for “institutions” and deleted language re director's authority to compel attendance of blind child at institutions having facilities for the instruction of the blind; P.A. 11-44 added reference to director of the Bureau of Rehabilitative Services, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “director of the Bureau of Rehabilitative Services” with “Commissioner of Rehabilitation Services”, effective July 1, 2012; P.A. 17-202 replaced “the blind” with “persons who are blind”; P.A. 19-157 replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; Sec. 10-296 transferred to Sec. 17a-813 in 2023.

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Sec. 17a-814. (Formerly Sec. 10-297). Employment and aid. The Commissioner of Aging and Disability Services is authorized to aid in securing employment for persons who are legally blind. Said commissioner may aid persons who are legally blind in such way as said commissioner deems expedient, expending for such purpose such sum as the General Assembly appropriates.

(1949 Rev., S. 1613; June, 1955, S. 1003d; 1961, P.A. 539, S. 6; 1969, P.A. 159, S. 4; P.A. 78-218, S. 202; P.A. 11-44, S. 10; June 12 Sp. Sess. P.A. 12-1, S. 42; P.A. 13-7, S. 1; 13-208, S. 74; P.A. 17-202, S. 28; P.A. 19-157, S. 22.)

History: 1961 act changed maximum expenditure from monthly to annual basis and clarified that additional payment was in discretion of board; 1969 act substituted director for board; P.A. 78-218 replaced personal pronoun “he” with “said director”; P.A. 11-44 added reference to director of the Bureau of Rehabilitative Services and made a technical change, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “director of the Bureau of Rehabilitative Services” and “director” with “Commissioner of Rehabilitation Services” and “commissioner”, respectively, effective July 1, 2012; P.A. 13-7 changed from “partially blind” to “legally blind” the category of persons who may receive employment aid and eliminated per person maximum expenditure of $960 per fiscal year, effective July 1, 2013; P.A. 13-208 made a technical change; P.A. 17-202 replaced “legally blind persons” with “persons who are legally blind”; P.A. 19-157 replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; Sec. 10-297 transferred to Sec. 17a-814 in 2023.

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Sec. 17a-815. (Formerly Sec. 10-297a). Grants to Connecticut Radio Information Service, Inc. The Commissioner of Aging and Disability Services may make grants, within available appropriations, to the Connecticut Radio Information Service, Inc., for the purchase of receivers and for costs related to the operation of said service.

(P.A. 85-419, S. 1, 2; P.A. 11-44, S. 11; June 12 Sp. Sess. P.A. 12-1, S. 43; P.A. 19-157, S. 23.)

History: P.A. 11-44 replaced “executive director of the Board of Education and Services for the Blind” with “director of the Bureau of Rehabilitative Services”, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “director of the Bureau of Rehabilitative Services” with “Commissioner of Rehabilitation Services”, effective July 1, 2012; P.A. 19-157 replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; Sec. 10-297a transferred to Sec. 17a-815 in 2023.

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Sec. 17a-816. (Formerly Sec. 10-298). Powers and duties of the Department of Aging and Disability Services re services for persons who are blind or visually impaired. (a) The Commissioner of Aging and Disability Services shall prepare and maintain a register of persons who are blind in this state which shall describe their condition, cause of blindness and capacity for education and rehabilitative training. The commissioner may register cases of persons who are liable to become visually impaired or blind, and may take such measures in cooperation with other authorities as the commissioner deems advisable for the prevention of blindness or conservation of eyesight and, in appropriate cases, for the education of children and for the vocational guidance of adults whose eyesight approaches visual impairment or blindness. The commissioner shall establish criteria for low vision care and maintain a list of ophthalmologists and optometrists that are exclusively authorized to receive agency funds through established and existing state fee schedules for the delivery of specifically defined low vision services that increase the capacity of eligible recipients of such services to maximize the use of their remaining vision.

(b) The Commissioner of Aging and Disability Services shall provide the Department of Motor Vehicles with the names of all individuals sixteen years of age or older who, on or after October 1, 2005, have been determined to be blind by a physician, an advanced practice registered nurse or an optometrist, as provided in section 17a-819. The Commissioner of Aging and Disability Services shall provide simultaneous written notification to any individual whose name is being transmitted by the Commissioner of Aging and Disability Services to the Department of Motor Vehicles. The Commissioner of Aging and Disability Services shall update the list of names provided to the Department of Motor Vehicles on a quarterly basis. The list shall also contain the address and date of birth for each individual reported, as shown on the records of the Department of Aging and Disability Services. The Department of Motor Vehicles shall maintain such list on a confidential basis, in accordance with the provisions of section 14-46d. The Commissioner of Aging and Disability Services shall enter into a memorandum of understanding with the Commissioner of Motor Vehicles to effectuate the purposes of this subsection.

(1949 Rev., S. 1611; September, 1957, P.A. 11, S. 13; 1961, P.A. 539, S. 7; 1963, P.A. 386, S. 5; P.A. 77-147; P.A. 83-307, S. 1, 2; P.A. 84-546, S. 27, 173; P.A. 89-12, S. 1, 3; P.A. 05-156, S. 1; P.A. 06-130, S. 7; P.A. 11-44, S. 12; June 12 Sp. Sess. P.A. 12-1, S. 44; P.A. 13-7, S. 2; P.A. 14-188, S. 10; 14-217, S. 161; P.A. 16-39, S. 73; P.A. 17-202, S. 29; P.A. 19-157, S. 24; P.A. 21-151, S. 2.)

History: 1961 act changed inspection requirement from once every three months to annually, made preparation of register compulsory and clarified right to aid those with defective eyesight but not blind; 1963 act changed the name of the board; P.A. 77-147 added Subsec. (b) re acceptance of bequest or gift of real or personal property; P.A. 83-307 inserted new Subsec. (b) to require Connecticut Institute for the Blind to submit proposed operating budget for Oak Hill School to board of education and services for the blind, relettering former Subsec. (b) as Subsec. (c); P.A. 84-546 made technical change in Subsec. (a), substituting “activities” for “doings”; P.A. 89-12 deleted provision re the power of the board of education and services for the blind to visit, inspect and report on the Connecticut Institute for the Blind in Subsec. (a), deleted former Subsec. (b) re annual submission of proposed operating budget for Oak Hill School and relettered the remaining Subsec. accordingly; P.A. 05-156 amended Subsec. (a) to require agency to establish criteria for low vision care and maintain a list of ophthalmologists and optometrists that are to deliver services to persons with low vision, and to substitute “rehabilitative” for “industrial” and “disabled” for “handicapped” and added new Subsec. (c) re board's duty to provide Department of Motor Vehicles with the names of persons 16 years of age or older who have been determined to be blind; P.A. 06-130 amended Subsec. (c) to require the board to include addresses and dates of birth for each person reported to Department of Motor Vehicles and to require department to maintain the confidentiality of the list, effective June 2, 2006; P.A. 11-44 amended Subsec. (a) by replacing “Board of Education and Services for the Blind” with “director of the Bureau of Rehabilitative Services”, adding provision specifying that bureau report re services provided to persons who are legally blind or visually impaired and making technical and conforming changes, amended Subsecs. (b) and (c) by replacing “board” with “director of the Bureau of Rehabilitative Services” or “Bureau of Rehabilitative Services” and making conforming changes, and amended Subsec. (c) by replacing “department” with “Department of Motor Vehicles”, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “director of the Bureau of Rehabilitative Services” with “Commissioner of Rehabilitation Services”, replaced “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services” and made conforming changes, effective July 1, 2012; P.A. 13-7 amended Subsec. (a) to remove requirement that Commissioner of Rehabilitation Services submit annual report to governor and make a technical change and amended Subsec. (c) to change “Department of Rehabilitation Services” to “Commissioner of Rehabilitation Services” and change “Department of Motor Vehicles” to “Commissioner of Motor Vehicles”, effective July 1, 2013; P.A. 14-188 amended Subsec. (b) to add references to money, effective June 12, 2014; P.A. 14-217 made identical changes as P.A. 14-188, effective June 13, 2014; P.A. 16-39 amended Subsec. (c) by adding reference to advanced practice registered nurse and making a technical change; P.A. 17-202 amended Subsec. (a) by replacing “the blind” with “persons who are blind”, deleting “whose eyesight is seriously defective and”, replacing “disabled” with “impaired”, and replacing “having seriously defective sight but who are not blind” with “whose eyesight approaches visual impairment or blindness”; P.A. 19-157 replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services” and replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; P.A. 21-151 deleted Subsec. (b) re commissioner acceptance and receipt of bequest, devise or gift of money or property and redesignated existing Subsec. (c) as Subsec. (b), effective July 1, 2021; Sec. 10-298 transferred to Sec. 17a-816 in 2023.

See Sec. 17a-780 re submittal of annual electronic report by Commissioner of Rehabilitation Services.

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Sec. 17a-817. (Formerly Sec. 10-299). Power of Connecticut Institute for Blind to receive bequests; tax exemption. Review of proposed operating budget of Oak Hill School. (a) The Connecticut Institute for the Blind is empowered to receive, hold, invest or employ, as it deems for the best interests of said institute, all property which comes to it by gift, bequest or devise or which it acquires in any manner; but the General Assembly may, at any time, limit the amount of property to be so held or acquired. All property of said institute shall be exempt from taxation.

(b) For the fiscal year ending June 30, 1990, and each fiscal year thereafter, the Connecticut Institute for the Blind shall submit by July first, its proposed operating budget for the Oak Hill School for the next succeeding fiscal year to the Office of Policy and Management. A copy of the proposed budget shall also be submitted to the joint standing committee of the General Assembly having cognizance of appropriations and matters relating to the budgets of state agencies. The proposed operating budget shall include a statement indicating whether the institute will request an increase in state support for the Oak Hill School.

(1949 Rev., S. 1614; P.A. 89-12, S. 2, 3.)

History: P.A. 89-12 added a new Subsec. (b) concerning the review of the proposed operating budget of Oak Hill School; Sec. 10-299 transferred to Sec. 17a-817 in 2023.

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Sec. 17a-818. (Formerly Sec. 10-303). Food service facilities and vending stands in public buildings controlled by Department of Aging and Disability Services. Permissible uses of vending machine income. (a) The authority in charge of any building or property owned, operated or leased by the state or any municipality therein shall grant to the Department of Aging and Disability Services a permit to operate in such building or on such property a food service facility, a vending machine or a stand for the vending of newspapers, periodicals, confections, tobacco products, food and such other articles as such authority approves when, in the opinion of such authority, such facility, machine or stand is desirable in such location. Any person operating such a stand in any such location on October 1, 1945, shall be permitted to continue such operation, but upon such person's ceasing such operation such authority shall grant a permit for continued operation to the Department of Aging and Disability Services. The department may establish a training facility at any such location.

(b) Pursuant to the Randolph-Sheppard Vending Stand Act, 49 Stat. 1559 (1936), 20 USC 107, as amended from time to time, the Department of Aging and Disability Services is authorized to maintain a nonlapsing account and to accrue interest thereon for federal vending machine income which, in accordance with federal regulations, shall be used for the payment of fringe benefits to the vending facility operators by the Department of Aging and Disability Services.

(c) The Department of Aging and Disability Services may maintain a nonlapsing account and accrue interest thereon for state and local vending machine income which shall be used for the payment of fringe benefits, training and support to vending facilities operators, to provide entrepreneurial and independent-living training and equipment to children who are blind or visually impaired and adults who are blind and for other vocational rehabilitation programs and services for adults who are blind.

(d) The Department of Aging and Disability Services may disburse state and local vending machine income to student or client activity funds, as defined in section 4-52.

(1949 Rev., S. 1618; 1959, P.A. 264, S. 1; 615, S. 20; 1963, P.A. 386, S. 6; P.A. 75-549; P.A. 78-218, S. 204; P.A. 80-59; June 18 Sp. Sess. P.A. 97-2, S. 163, 165; P.A. 98-252, S. 27, 80; June Sp. Sess. P.A. 01-9, S. 35, 131; June 30 Sp. Sess. P.A. 03-3, S. 64; P.A. 11-44, S. 18; June 12 Sp. Sess. P.A. 12-1, S. 50; P.A. 19-157, S. 25.)

History: 1959 acts deleted reference to county buildings and property and extended section's application to food service machines and vending machines; 1963 act changed the name of the board; P.A. 75-549 clarified “state or municipal” building by replacing phrase with “building or property owned, operated or leased by the state or any municipality therein”; P.A. 78-218 substituted “such person's” for “his”; P.A. 80-59 added Subsec. (b) re savings account for nonstate vending machine income; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (a) by adding provision allowing the board to establish a training facility at any location where the board operates a food service, vending machine, newsstand, etc., effective July 1, 1997; P.A. 98-252 made a technical change in Subsec. (a), effective July 1, 1998; June Sp. Sess. P.A. 01-9 amended Subsec. (b) to provide for a nonlapsing account rather than a savings account and allow for the accrual of interest in such account for federal vending machine income, rather than nonstate income, added Subsec. (c) to allow the Board of Education and Services for the Blind to maintain a nonlapsing account for the payment of fringe benefits, training and support to vending facilities operators and provide entrepreneurial and independent-living training and equipment for blind or visually impaired children or blind adults, and added Subsec. (d) to authorize the board to disburse state and local vending machine income to student or client activity funds, effective July 1, 2001; June 30 Sp. Sess. P.A. 03-3 amended Subsec. (c) to authorize use of funds maintained in nonlapsing account for “other vocational rehabilitation programs and services for adults who are blind”, effective August 20, 2003; P.A. 11-44 replaced “Board of Education and Services for the Blind” with “Bureau of Rehabilitative Services” and made a conforming change, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “Bureau of Rehabilitative Services” and “bureau” with “Department of Rehabilitation Services” and “department”, respectively, effective July 1, 2012; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 10-303 transferred to Sec. 17a-818 in 2023.

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Sec. 17a-819. (Formerly Sec. 10-305). Reports of persons who are blind. Each physician, advanced practice registered nurse and optometrist shall report in writing to the Department of Aging and Disability Services not later than thirty days after a person who is blind comes under his or her private or institutional care within this state. The report of such person shall include the name, address, Social Security number, date of birth, date of diagnosis of blindness and degree of vision. Such reports shall not be open to public inspection.

(1955, S. 1005d; 1961, P.A. 539, S. 9; 1963, P.A. 386, S. 8; P.A. 78-218, S. 205; June 18 Sp. Sess. P.A. 97-2, S. 139, 165; P.A. 11-44, S. 20; June 12 Sp. Sess. P.A. 12-1, S. 52; P.A. 16-39, S. 8; P.A. 17-202, S. 30; P.A. 19-157, S. 26.)

History: 1961 act deleted provision defining “blind person”; 1963 act changed name of board; P.A. 78-218 included feminine personal pronoun; June 18 Sp. Sess. P.A. 97-2 added requirement that report of each blind person in the care of a physician or optometrist include a social security number, date of birth and date of diagnosis of blindness, effective July 1, 1997; P.A. 11-44 replaced “Board of Education and Services for the Blind” with “Bureau of Rehabilitative Services”, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, effective July 1, 2012; P.A. 16-39 added reference to advanced practice registered nurse; P.A. 17-202 replaced “within thirty days each blind person coming” with “not later than thirty days after a person who is blind comes” and made a conforming change; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 10-305 transferred to Sec. 17a-819 in 2023.

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Sec. 17a-820. (Formerly Sec. 10-306). Vocational rehabilitation program. The Department of Aging and Disability Services may maintain a vocational rehabilitation program as authorized under the Federal Rehabilitation Act of 1973, 29 USC 791 et seq., for the purpose of providing and coordinating the full scope of necessary services to assist persons who are legally blind and who receive services from the department to prepare for, enter into and maintain employment consistent with the purposes of said act.

(1949 Rev., S. 1620; 1961, P.A. 539, S. 10; 1963, P.A. 386, S. 9; P.A. 78-218, S. 206; P.A. 05-156, S. 10; P.A. 11-44, S. 21; June 12 Sp. Sess. P.A. 12-1, S. 53; P.A. 17-202, S. 31; P.A. 19-157, S. 27.)

History: 1961 act deleted limitation on length of hospital care in definition of physical restoration; 1963 act changed name of board; P.A. 78-218 included feminine personal pronouns and substituted “such person” for “him”; P.A. 05-156 replaced former provisions re board's vocational rehabilitative services program, including definitions of “vocational rehabilitation”, “rehabilitation training” and “physical restoration”, with provision authorizing board to maintain a vocational rehabilitation program that assists legally blind recipients of services from the board prepare for, enter into and maintain employment; P.A. 11-44 replaced “Board of Education and Services for the Blind” with “Bureau of Rehabilitative Services” and made a conforming change, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “Bureau of Rehabilitative Services” and “bureau” with “Department of Rehabilitation Services” and “department”, respectively, effective July 1, 2012; P.A. 17-202 replaced “legally blind recipients of” with “persons who are legally blind and who receive”; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 10-306 transferred to Sec. 17a-820 in 2023.

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Sec. 17a-821. (Formerly Sec. 10-307). Federal funds. The Department of Aging and Disability Services is empowered to receive any federal funds made available to this state under which vocational rehabilitation is provided for a person whose visual acuity has been impaired and to expend such funds for the purpose or purposes for which they are made available. The State Treasurer shall be the custodian of such funds.

(1949 Rev., S. 1621; 1963, P.A. 386, S. 10; P.A. 11-44, S. 22; June 12 Sp. Sess. P.A. 12-1, S. 54; P.A. 19-157, S. 28.)

History: 1963 act changed name of board; P.A. 11-44 replaced “Board of Education and Services for the Blind” with “Bureau of Rehabilitative Services”, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, effective July 1, 2012; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 10-307 transferred to Sec. 17a-821 in 2023.

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Sec. 17a-822. (Formerly Sec. 10-308). Cooperation with federal government. The Department of Aging and Disability Services may cooperate, pursuant to agreements, with the federal government in carrying out the purposes of any federal statutes pertaining to vocational rehabilitation, and is authorized to adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of such agreements or plans for vocational rehabilitation and to comply with such conditions as may be necessary to secure the full benefits of such federal statutes.

(1949 Rev., S. 1622; 1963, P.A. 386, S. 11; P.A. 11-44, S. 23; June 12 Sp. Sess. P.A. 12-1, S. 55; P.A. 19-157, S. 29.)

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Sec. 17a-823. (Formerly Sec. 10-308a). Selection for receipt of rehabilitation services. Regulations. The Department of Aging and Disability Services shall adopt regulations, in accordance with chapter 54, to determine the order to be followed in selecting those eligible persons to whom vocational rehabilitation services will be provided, in accordance with federal regulations.

(June 18 Sp. Sess. P.A. 97-2, S. 141, 165; P.A. 11-44, S. 24; June 12 Sp. Sess. P.A. 12-1, S. 56; P.A. 19-157, S. 30.)

History: June 18 Sp. Sess. P.A. 97-2 effective July 1, 1997; P.A. 11-44 replaced “Board of Education and Services for the Blind” with “Bureau of Rehabilitative Services”, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, effective July 1, 2012; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 10-308a transferred to Sec. 17a-823 in 2023.

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Sec. 17a-824. (Formerly Sec. 10-309). Placement; regulations. The Department of Aging and Disability Services may place in remunerative occupations persons whose capacity to earn a living has been lost or impaired by lessened visual acuity and who, in the opinion of the Commissioner of Aging and Disability Services, are susceptible of placement, and may make such regulations as are necessary for the administration of the provisions of this section and sections 17a-820 to 17a-823, inclusive.

(1949 Rev., S. 1623; 1963, P.A. 386, S. 12; P.A. 11-44, S. 25; June 12 Sp. Sess. P.A. 12-1, S. 57; P.A. 16-118, S. 5; P.A. 19-157, S. 31.)

History: 1963 act changed name of board; P.A. 11-44 replaced “Board of Education and Services for the Blind” with “Bureau of Rehabilitative Services” and replaced “board” with “director of the Bureau of Rehabilitative Services”, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services” and replaced “director of the Bureau of Rehabilitative Services” with “Commissioner of Rehabilitation Services”, effective July 1, 2012; P.A. 16-118 replaced “10-310” with “10-308a” and made a technical change; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services” and replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; Sec. 10-309 transferred to Sec. 17a-824 in 2023.

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Sec. 17a-825. (Formerly Sec. 10-311a). Records confidential. The case records of the Department of Aging and Disability Services maintained for the purposes of this chapter shall be confidential and the names and addresses of recipients of assistance under this chapter shall not be published or used for purposes not directly connected with the administration of this chapter, except as necessary to carry out the provisions of sections 17a-816 and 17b-6.

(1961 P.A. 539, S. 11; 1963, P.A. 386, S. 15; June 18 Sp. Sess. P.A. 97-2, S. 140, 165; P.A. 05-156, S. 2; P.A. 06-196, S. 66; P.A. 11-44, S. 27; June 12 Sp. Sess. P.A. 12-1, S. 59; P.A. 19-157, S. 32.)

History: 1963 act changed name of board; June 18 Sp. Sess. P.A. 97-2 added provision allowing case records to be used to carry out the provisions of Sec. 17b-6, effective July 1, 1997; P.A. 05-156 added reference to Sec. 10-298; P.A. 06-196 made a technical change, effective June 7, 2006; P.A. 11-44 replaced “Board of Education and Services for the Blind” with “Bureau of Rehabilitative Services”, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, effective July 1, 2012; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 10-311a transferred to Sec. 17a-825 in 2023.

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Secs. 17a-826 to 17a-834. Reserved for future use.

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PART III

DEAF, DEAFBLIND AND HEARING IMPAIRED PERSONS

Sec. 17a-835. (Formerly Sec. 17b-650e). Department of Aging and Disability Services. Assistance for deaf and hard of hearing persons. The Department of Aging and Disability Services may provide necessary services to persons who are deaf or hard of hearing, including, but not limited to, nonreimbursable interpreter services and message relay services for persons using telecommunication devices for persons who are deaf.

(P.A. 11-44, S. 33; June 12 Sp. Sess. P.A. 12-1, S. 69; P.A. 17-202, S. 63; P.A. 19-157, S. 68.)

History: P.A. 11-44 effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, effective July 1, 2012; P.A. 17-202 replaced references to deaf and hearing impaired persons with references to persons who are deaf or hard of hearing and made a conforming change; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 17b-650e transferred to Sec. 17a-835 in 2023.

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Sec. 17a-836. (Formerly Sec. 46a-27). Advisory Board for Persons Who are Deaf, Hard of Hearing or Deafblind. The Advisory Board for Persons Who are Deaf, Hard of Hearing or Deafblind is hereby created to advocate, strengthen and advise the Governor and the General Assembly concerning state policies affecting persons who are deaf, hard of hearing or deafblind and their relationship to the public, industry, health care and educational opportunity. The board shall:

(1) Monitor services for persons who are deaf, hard of hearing or deafblind;

(2) Periodically meet with the Commissioners of Public Health, Social Services, Mental Health and Addiction Services, Education, Developmental Services, and Children and Families and the Labor Commissioner, or the commissioners' designees, to discuss best practices and gaps in services for persons who are deaf, hard of hearing or deafblind;

(3) Refer persons with complaints concerning the qualification and registration of interpreters for persons who are deaf, hard of hearing or deafblind to the entity designated pursuant to section 46a-10b;

(4) Make recommendations for (A) technical assistance and resources for state agencies in order to serve persons who are deaf, hard of hearing or deafblind; (B) public policy and legislative changes needed to address gaps in services; and (C) the qualifications and registration of interpreters pursuant to section 17a-838. The board shall submit such recommendations, in accordance with section 11-4a, to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to human services.

(P.A. 74-252, S. 1, 11; P.A. 77-614, S. 538, 587, 610; P.A. 78-303, S. 85, 136; P.A. 84-361, S. 2, 7; P.A. 86-50, S. 1; P.A. 93-262, S. 1, 87; P.A. 98-252, S. 76, 80; P.A. 11-44, S. 35; June 12 Sp. Sess. P.A. 12-1, S. 89; P.A. 17-30, S. 1; P.A. 18-55, S. 9; P.A. 21-72, S. 4.)

History: P.A. 77-614 and P.A. 78-303 placed commission within department of human resources for administrative purposes, effective January 1, 1979; P.A. 84-361 authorized provision of necessary services including nonreimbursable interpreter services and authorized adoption of regulations to define the formula to be used to determine the amount to be charged for reimbursable interpreter services and the conditions under which nonreimbursable interpreter services shall be provided; P.A. 86-50 authorized provision of message relay services for persons using telecommunication devices for the deaf; Sec. 17-137l transferred to Sec. 46a-27 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 98-252 deleted provision on regulations for setting charges for interpreter services since a similar provision is in Sec. 46a-33b, effective July 1, 1998; P.A. 11-44 replaced provision designating commission as coordinating agency with provision designating commission as advisor to the Bureau of Rehabilitative Services, and deleted provisions re commission being within Department of Social Services and providing services to deaf and hearing impaired persons, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, effective July 1, 2012; P.A. 17-30 replaced “Commission on the Deaf and Hearing Impaired” with “Advisory Board for Persons Who are Deaf or Hard of Hearing”, replaced “Department of Rehabilitation Services” with “Governor and the General Assembly”, replaced “and hearing impaired” with “or hard of hearing”, added Subdivs. (1) to (4) re board duties, added provision re board to submit recommendations to human services committee, and made technical changes, effective June 6, 2017; P.A. 18-55 made technical changes; P.A. 21-72 changed name of board from Advisory Board for Persons Who are Deaf or Hard of Hearing to Advisory Board for Persons Who are Deaf, Hard of Hearing or Deafblind and changed references from deaf or hard of hearing to deaf, hard of hearing or deafblind, effective July 1, 2021; Sec. 46a-27 transferred to Sec. 17a-836 in 2023.

See Sec. 46a-34 re definitions of “deaf”, “hard of hearing” and “deafblind”.

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Sec. 17a-836a. (Formerly Sec. 46a-28). Advisory Board for Persons Who are Deaf, Hard of Hearing or Deafblind: Members, meetings. (a) The Advisory Board for Persons Who are Deaf, Hard of Hearing or Deafblind shall consist of the following members: (1) The consultant appointed by the State Board of Education in accordance with section 10-316a, or the consultant's designee; (2) the president of the Connecticut Council of Organizations Serving the Deaf, or the president's designee; (3) the president of the Connecticut Association of the Deaf, or the president's designee; (4) the president of the Connecticut Registry of Interpreters for the Deaf, or the president's designee; (5) the Commissioner of Aging and Disability Services, or the commissioner's designee; (6) the executive director of the American School for the Deaf, or the executive director's designee; (7) the director of the Connecticut Chapter of We the Deaf People; and (8) eight members appointed by the Governor as follows: (A) A person who is deaf; (B) a person who is hard of hearing; (C) a person who is deafblind; (D) an interpreting professional who serves deaf, hard of hearing or deafblind persons; (E) a healthcare professional who works with persons who are deaf, hard of hearing or deafblind; (F) a parent of a student in a predominantly oral education program; (G) an educator who works with children who are deaf, hard of hearing or deafblind; and (H) a parent of a student at the American School for the Deaf. The members of the advisory board shall elect two chairpersons of the advisory board from among the members of the advisory board.

(b) The advisory board shall meet at least quarterly or more often at the call of the chairpersons or a majority of the members. A majority of members in office but not less than nine voting members shall constitute a quorum.

(c) Any appointed member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned. Vacancies occurring otherwise than by expiration of term in the membership of the advisory board shall be filled by the Governor.

(P.A. 74-252, S. 2, 11; P.A. 75-420, S. 4, 6; 75-638, S. 18, 23; P.A. 77-614, S. 302, 323, 521, 539, 610; P.A. 80-210; P.A. 83-167; P.A. 84-361, S. 3, 7; P.A. 93-91, S. 1, 2; 93-262, S. 66, 87; 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 07-73, S. 2(b); P.A. 11-44, S. 36; P.A. 17-30, S. 2; 17-146, S. 25; P.A. 19-157, S. 92; P.A. 21-72, S. 5; 21-151, S. 5; P.A. 22-21, S. 1.)

History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 75-638 replaced deputy commissioner of health on mental retardation with commissioner of mental retardation; P.A. 77-614 replaced secretary of the state board of education with commissioner of education, commissioner of health with commissioner of health services and commissioner of social services with commissioner of human resources in Subsec. (a), replaced appointment provisions in Subsec. (b) with simple statement that appointments are made by governor and provided that qualifications and compensation of executive director be determined by commissioner of administrative services with approval of secretary of office of policy and management rather than by abolished personnel policy board and that director be under direction of human resources commissioner in Subsec. (e), effective January 1, 1979; P.A. 80-210 increased commission membership from 15 to 23, adding commissioners of income maintenance and children and youth services, increasing gubernatorial appointees from 9 to 11 and deaf appointees from 5 to 7; P.A. 83-167 amended Subsec. (a) by decreasing commission membership from 23 to 22, deleting the ex officio membership of the superintendent of the Mystic Oral School and providing that one member be a parent of a student in a predominantly oral education program rather than of a student at the Mystic Oral School; P.A. 84-361 added provisions requiring that meetings be held at least quarterly, establishing number of members required for quorum and setting standards of attendance required to retain membership and made commission rather than human resources commissioner responsible for supervision of executive director; Sec. 17-137m transferred to Sec. 46a-28 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-262 reduced commission membership from 22 to 21 to reflect reorganization of social services, replacing reference to commissioners of income maintenance and human resources with commissioner of social services, effective July 1, 1993; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995 (Revisor's note: A reference to “Commissioners of Public Health ... Labor, Education, Mental Retardation, and Children and Families” was changed editorially by the Revisors to “Commissioners of Public Health ... Education, Mental Retardation, and Children and Families and the Labor Commissioner” for consistency with customary statutory usage); pursuant to P.A. 07-73 “Commissioner of Mental Retardation” was changed editorially by the Revisors to “Commissioner of Developmental Services”, effective October 1, 2007; P.A. 11-44 amended Subsec. (a) by replacing “commission” with “Commission on the Deaf and Hearing Impaired”, deleted former Subsec. (e) re position of executive director, and deleted former Subsec. (f) re employment of clerical and other assistance, effective July 1, 2011; P.A. 17-30 amended Subsec. (a) by replacing “Commission on the Deaf and Hearing Impaired” with “Advisory Board for Persons Who are Deaf or Hard of Hearing”, substantially amending provisions re members including replacing “twenty-one members, three of whom shall be ex officio” with “fifteen members appointed by the Governor”, and replacing provisions re members with provisions re same, amended Subsec. (b) by replacing 7 voting members with 8 voting members, deleted Subsec. (d) re expenses, and made technical and conforming changes, effective June 6, 2017; P.A. 17-146 amended Subsec. (a) by replacing “fifteen” with “sixteen” re members, adding Subdiv. (16) re director of Connecticut Chapter of We the Deaf People, amended Subsec. (b) by replacing “eight” with “nine” re voting members, and made a technical change, effective June 30, 2017; P.A. 19-157 amended Subsec. (a) by replacing “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; P.A. 21-72 amended Subsec. (a) by changing name of board to Advisory Board for Persons Who are Deaf, Hard of Hearing or Deafblind and substantially revising appointment provisions, including by deleting reference to 16 members appointed by Governor, redesignating existing Subdivs. (9) to (16) as Subdivs. (9)(A) to (9)(H) and adding reference to 8 members appointed by Governor and adding references to deafblind, effective July 1, 2021; P.A. 21-151 made identical changes as P.A. 21-72, effective July 1, 2021; P.A. 22-21 amended Subsec.(a) by removing Governor's liaison to disability community in Subdiv. (7), redesignated Subdivs. (8) and (9) as new Subdivs. (7) and (8), deleted requirement Commissioner of Aging and Disability Services, Governor's liaison to disability community and member chosen by board majority be chairpersons and added requirement board members elect 2 chairpersons, effective July 1, 2022; Sec. 46a-28 transferred to Sec. 17a-836a in 2023.

See Sec. 46a-34 re definitions of “deaf”, “hard of hearing” and “deafblind”.

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Sec. 17a-837. (Formerly Sec. 46a-29). Assistance from other government agencies. (a) The Commissioner of Aging and Disability Services may request and shall receive from any department, division, board, bureau, commission or agency of the state or of any political subdivision thereof such assistance and data as will enable the Department of Aging and Disability Services to properly carry out its activities under sections 17a-835, 17a-838 and 17a-839 and to effectuate the purposes therein set forth.

(b) The Commissioner of Education shall assign one vocational rehabilitation consultant to act as a liaison staff member of the Advisory Board for Persons Who are Deaf, Hard of Hearing or Deafblind.

(P.A. 74-252, S. 3, 11; P.A. 77-614, S. 73, 302, 610; P.A. 87-496, S. 83, 110; P.A. 11-44, S. 39; 11-51, S. 44; June 12 Sp. Sess. P.A. 12-1, S. 90; P.A. 17-146, S. 27; P.A. 19-157, S. 93; P.A. 21-72, S. 6; 21-151, S. 6.)

History: P.A. 77-614 replaced public works commissioner with commissioner of administrative services and, effective January 1, 1979, replaced secretary of the state board of education with commissioner of education; P.A. 87-496 substituted public works commissioner for administrative services commissioner in Subsec. (b); Sec. 17-137n transferred to Sec. 46a-29 in 1991; P.A. 11-44 amended Subsec. (a) by replacing “commission” with “director of the Bureau of Rehabilitative Services”, replacing reference to Secs. 46a-27 to 46a-32 with reference to Secs. 17b-650e and 46a-30 to 46a-33b and making conforming and technical changes, deleted former Subsec. (b) re office space, and redesignated existing Subsec. (c) as Subsec. (b), effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (a) by replacing “director of the Bureau of Rehabilitative Services” with “Commissioner of Rehabilitation Services” and replacing “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, effective July 1, 2012; P.A. 17-146 amended Subsec. (b) by replacing “commission” with “Advisory Board for Persons Who are Deaf or Hard of Hearing”, effective June 30, 2017; P.A. 19-157 amended Subsec. (a) by replacing “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services” and replacing “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; P.A. 21-72 amended Subsec. (b) by changing name of Advisory Board for Persons Who are Deaf or Hard of Hearing to Advisory Board for Persons Who are Deaf, Hard of Hearing or Deafblind, effective July 1, 2021; P.A. 21-151 amended Subsec. (a) by replacing reference to Sec. 46a-30 with 46a-33, effective July 1, 2021; (Revisor's note: In 2023 reference to Sec. 46a-33 was deleted editorially since that section was repealed by P.A. 98-252); Sec. 46a-29 transferred to Sec. 17a-837 in 2023.

See Sec. 46a-34 re definitions of “deaf”, “hard of hearing” and “deafblind”.

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Sec. 17a-838. (Formerly Sec. 46a-33a). Registration of persons providing interpreting services. Required qualifications. Penalties for misrepresentation. (a) For the purposes of this section:

(1) “Community setting” means any setting, other than those specifically identified as educational, legal or medical, including, but not limited to, any setting involving everyday life activities such as information sharing, employment, social services, entertainment and civic and community engagements;

(2) “Department” means the Department of Aging and Disability Services;

(3) “Interpreting” means the translating or transliterating of English concepts to a language concept used by a person who is deaf, deafblind or hard of hearing or the translating of a deaf, deafblind or hard of hearing person's language to English concepts through the use of American Sign Language, English-based sign language, cued speech, oral transliterating and information received tactually;

(4) “Deafblind” means combined vision and hearing impairments that challenge a person's ability to communicate, interact with others, access information and move about safely;

(5) “Educational setting” means any setting where interpretive services are provided concerning education-related matters, including, but not limited to, all schools, school-based programs, services and activities and other educational programs;

(6) “Legal setting” means any criminal or civil action involving a court of competent jurisdiction, any investigation or action conducted by a duly authorized law enforcement agency, employment-related hearings, appointments and situations requiring the presence of an attorney;

(7) “Medical setting” means gatherings or gathering places where physical health, mental health, or both are addressed, including, but not limited to, hospitals, clinics, assisted living and rehabilitation facilities, mental health treatment sessions, psychological evaluations, substance abuse treatment sessions, crisis intervention and appointments or other treatment requiring the presence of a doctor, nurse, medical staff or other health care professional; and

(8) “Transliterating” means converting or rendering English concepts to a language concept used by a person who is deaf, deafblind or hard of hearing or the translating of a deaf, deafblind or hard of hearing person's language concept to English concepts.

(b) Except as provided in subsections (g) and (h) of this section, all persons providing interpreting services shall register, annually, with the Department of Aging and Disability Services. Such registration shall be on a form prescribed or furnished by the Commissioner of Aging and Disability Services and shall include the registrant's name, residential or business address, or both, contact information, including, but not limited to, phone number, place of employment as interpreter and interpreter certification or credentials. The department shall (1) issue interpreter identification cards for those who register in accordance with this section, and (2) maintain a current listing on its Internet web site of such registered interpreters, categorized by interpreter settings for which they are qualified. The department may also require documentation of the registrant's training hours. The department shall annually issue interpreter identification cards listing the type of settings in which the registrant is qualified to interpret. The department shall establish an Internet web page containing information about services for deaf, deafblind and hard of hearing individuals. The department's Internet web page shall include, but not be limited to, information related to such services provided by the department and the Departments of Social Services, Mental Health and Addiction Services and Children and Families.

(c) Except as provided in subsections (g) and (h) of this section, no person shall provide interpreting services in the state, including in a community setting, unless such person is registered with the Department of Aging and Disability Services according to the provisions of this section, holds recognized national or state interpreter credentials determined by the department to be acceptable for interpreting purposes where appropriate in Connecticut and has met at least one of the following qualifications:

(1) (A) Has passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, (B) holds a level three certification provided by the National Association of the Deaf, and (C) (i) documents the achievement of two continuing education units per year for a maximum of five years of training approved by the Commissioner of Aging and Disability Services, and (ii) on or before the fifth anniversary of having passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, has passed the National Registry of Interpreters for the Deaf performance examination or the National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreter certification examination;

(2) (A) Has passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, (B) is a graduate of an accredited interpreter training program and documents the achievement of two continuing education units per year for a maximum of five years of training approved by the commissioner, and (C) on or before the fifth anniversary of having passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, has passed the National Registry of Interpreters for the Deaf performance examination or the National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreter certification examination;

(3) Holds a level four or higher certification from the National Association of the Deaf;

(4) Holds certification by the National Registry of Interpreters for the Deaf;

(5) For situations requiring an oral interpreter only, holds oral certification from the National Registry of Interpreters for the Deaf;

(6) For situations requiring a cued speech transliterator only, holds certification from the National Training, Evaluation and Certification Unit and has passed the National Registry of Interpreters for the Deaf written generalist test;

(7) Holds a reverse skills certificate or is a certified deaf interpreter under the National Registry of Interpreters for the Deaf;

(8) Holds a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate; or

(9) Holds the credential of Approved Deaf Interpreter, Approved American Sign Language-English Interpreter, or Approved Sign Language Transliterator by the Massachusetts Commission on the Deaf and Hard of Hearing.

(d) No person shall provide interpreting services in a medical setting unless such person is registered with the Department of Aging and Disability Services according to the provisions of this section and holds (1) a comprehensive skills certificate from the National Registry of Interpreters for the Deaf, (2) a certificate of interpretation or a certificate of transliteration from the National Registry of Interpreters for the Deaf, (3) a level four or higher certification from the National Association of the Deaf, (4) a reverse skills certificate or certification as a deaf interpreter under the National Registry of Interpreters for the Deaf, (5) for situations requiring an oral interpreter only, an oral certification from the National Registry of Interpreters for the Deaf, (6) for situations requiring a cued speech transliterator only, a certification from the National Training, Evaluation and Certification Unit and has passed the National Registry of Interpreters for the Deaf written generalist test, (7) a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate, or (8) the credential of Approved Deaf Interpreter by the Massachusetts Commission on the Deaf and Hard of Hearing.

(e) No person shall provide interpreting services in a legal setting unless such person is registered with the Department of Aging and Disability Services according to the provisions of this section and holds (1) a comprehensive skills certificate from the National Registry of Interpreters for the Deaf, (2) a certificate of interpretation and a certificate of transliteration from the National Registry of Interpreters for the Deaf, (3) a level five certification from the National Association of the Deaf, (4) a reverse skills certificate or is a certified deaf interpreter under the National Registry of Interpreters for the Deaf, (5) for situations requiring an oral interpreter only, an oral certification from the National Registry of Interpreters for the Deaf, (6) for situations requiring a cued speech transliterator only, certification from the National Training, Evaluation and Certification Unit and has passed the National Registry of Interpreters for the Deaf written generalist test, (7) a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate, or (8) the credential of Approved Deaf Interpreter by the Massachusetts Commission on the Deaf and Hard of Hearing.

(f) No person who is not registered as a qualified interpreter pursuant to this section shall:

(1) Engage in the practice of or offer to engage in the practice of interpreting for another person, an agency or an entity;

(2) Use the title “interpreter”, “transliterator” or a similar title in connection with services provided under his or her name;

(3) Present or identify himself or herself as an interpreter qualified to engage in interpreting in this state;

(4) Use the title “interpreter”, “transliterator” or a similar title in advertisements or communications; or

(5) Perform the function of or convey the impression that he or she is an interpreter or transliterator.

(g) The requirements of this section shall apply to persons who (1) receive compensation for the provision of interpreting services, and (2) provide interpreting services as part of their job duties. The requirements of this section shall not apply to nonregistered individuals such as family members and friends who voluntarily provide interpreting services at the request of a deaf, deafblind or hard of hearing person.

(h) The following individuals shall be exempt from the registration requirements of this section:

(1) An individual interpreting at (A) a worship service conducted by a religious entity, or (B) services for educational purposes conducted by a religious entity or religiously affiliated school;

(2) An individual engaged in interpreting during an emergency situation, when obtaining a registered interpreter or registered transliterator could cause a delay that may lead to injury or loss to the individual requiring the interpreting services, provided such emergency assistance does not waive any communication access requirements for any entity pursuant to the federal Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as both may be amended from time to time;

(3) An individual engaged in interpreting as part of a supervised internship or practicum in an interpreting program at an accredited college or university or an interpreting mentorship program approved by the department if (A) such interpreting is not in a legal, medical or educational setting, or (B) the individual is accompanied by an interpreter registered pursuant to this section; or

(4) An interpreter who is certified by a recognized national professional certifying body such as the National Registry of Interpreters for the Deaf or the National Association of the Deaf or a recognized state professional certifying body from outside the state and provides interpreting services in the state for a period of time not exceeding fourteen days during a calendar year.

(i) Deaf, deafblind and hard of hearing persons may exercise their right to request or use a different registered interpreter than the interpreter provided to interpret for such persons in any interpreting setting in accordance with a nationally recognized interpreter code of professional conduct.

(j) Any person who is not registered in accordance with this section who represents himself or herself as an interpreter registered with the Department of Aging and Disability Services, or who engages in wilful or fraudulent misrepresentation of his or her credentials in an attempt to register with the department, shall be guilty of a class C misdemeanor. Failure to renew such registration in a timely manner shall not in and of itself constitute a violation for the purposes of this subsection. For purposes of this subsection, “timely manner” means registration renewal not more than thirty days after such registration has expired.

(P.A. 98-252, S. 73, 80; June Sp. Sess. P.A. 01-2, S. 24, 69; June Sp. Sess. P.A. 01-9, S. 129, 131; P.A. 07-15, S. 1; P.A. 09-8, S. 10; P.A. 11-44, S. 42; June 12 Sp. Sess. P.A. 12-1, S. 93; P.A. 17-202, S. 94; P.A. 19-157, S. 95; 19-170, S. 1; P.A. 22-31, S. 1.)

History: P.A. 98-252 effective July 1, 1998; June Sp. Sess. P.A. 01-2 added Subsec. (a)(4) defining “educational setting”, amended Subsec. (d)(3) to reduce required certification from level five to level four and added Subsec. (g) re provision of services in an educational setting, effective July 1, 2001; June Sp. Sess. P.A. 01-9 revised effective date of June Sp. Sess. P.A. 01-2 but without affecting this section; P.A. 07-15 amended Subsec. (a)(1) to redefine “interpreting” by substituting “language concept” for “specialized vocabulary” and making a technical change, amended Subsec. (a)(2) to redefine “legal setting” by substituting “a court of competent jurisdiction” for “the Superior Court or its agents”, amended Subsec. (a)(3) to redefine “medical setting” by adding “other health care professional”, amended Subsec. (c)(1) and (2) by adding reference to passage of the “National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination” and additional references to passage of the “National Registry of Interpreters for the Deaf performance examination or the National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreter certification examination” to testing provisions, added Subsecs. (c)(8), (d)(7) and (e)(7) re holding National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate, amended Subsecs. (c)(3) and (d)(3) to require level four “or higher” certification, and made technical changes; P.A. 09-8 made technical changes in Subsecs. (c), (d) and (e); P.A. 11-44 amended Subsec. (b) by replacing “Commission on the Deaf and Hearing Impaired” with “Bureau of Rehabilitative Services”, replacing “commission” with “director of the Bureau of Rehabilitative Services”, deleting provision requiring annual issuance of identification cards and making technical changes, amended Subsecs. (c), (d) and (e) by replacing “commission” with “Bureau of Rehabilitative Services” and making conforming changes, and deleted former Subsec. (g) re interpreting services in an educational setting, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced references to Bureau of Rehabilitative Services with references to Department of Rehabilitation Services and replaced references to director of Bureau of Rehabilitative Services with references to Commissioner of Rehabilitation Services, effective July 1, 2012; P.A. 17-202 amended Subsec. (a)(1) by replacing “deaf or hard of hearing person's language concept” with “language concept of a person who is deaf or hard of hearing”; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services” and replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; P.A. 19-170 amended Subsec. (a) by adding new Subdiv. (1) defining “department”, redesignating existing Subdiv. (1) as Subdiv. (2) and amending same to redefine “interpreting”, deleting former Subdivs. (2) to (4) re “legal setting”, “medical setting” and “educational setting”, respectively, adding new Subdiv. (3) defining “deaf-blind”, adding new Subdiv. (4) defining “educational setting”, adding Subdiv. (5) defining “legal setting”, adding Subdiv. (6) defining “medical setting”, and adding Subdiv. (7) defining “transliterating”, amended Subsec. (b) by adding “Except as provided in subsections (g) and (h) of this section,”, replacing “address” with “residential or business address, or both,”, adding “contact information, including, but not limited to,” and adding provisions re listing on Internet web site, documentation of training hours and identification cards, amended Subsec. (c) by adding provisions re national or state interpreter credentials, and adding Subdiv. (9) re credentials, amended Subsec. (f) by deleting existing provisions re applicability of section requirements and adding provisions re person not registered as qualified interpreter, added Subsec. (g) re applicability of section requirements, added Subsec. (h) re exemptions from registration requirements, added Subsec. (i) re right to request or use different interpreter, added Subsec. (j) re reporting violations, and made technical changes, effective July 1, 2019; P.A. 22-31 amended Subsec. (a) by adding new Subdiv. (1) defining “community setting”, redesignating former Subdivs. (1) to (7) as Subdivs. (2) to (8), substituting Department of Aging and Disability Services for Department of Rehabilitation Services in new Subdiv. (2), changing “deaf-blind” to “deafblind” in new Subdivs. (3), (4) and (8) and in Subsecs. (g) and (i), changing “health and wellness issues” in new Subdiv. (7) to “physical health, mental health, or both”, amended Subsec. (b) by adding subdivision designators (1) and (2), inserting “interpreter” before “identification card” and adding requirements that interpreter list include settings in which interpreters are qualified and department establish an Internet web page re information and services for deaf, deafblind and hard of hearing individuals, amended Subsec. (c) to reference exceptions in Subsecs. (g) and (h) and specify interpreting prohibition applies to state, including community settings, made a technical change in Subsecs. (d) and (e) and inserted Subdiv. (8) in both subsections re Massachusetts credential, added “interpreting” before “services” in Subsec. (h)(2) and deleted former Subsec. (j) re violation reporting and added new Subsec. (j) re penalties for violations of section and wilful and fraudulent misrepresentation; Sec. 46a-33a transferred to Sec. 17a-838 in 2023.

Annotation to former section 46a-33a:

Section does not support equal protection claim that certification is required for person translating confession of non-hearing-impaired defendant due to defendant's inability to speak or read English. 299 C. 39.

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Sec. 17a-839. (Formerly Sec. 46a-33b). Interpreting services provided by the Department of Aging and Disability Services. Upon the request of any person or any public or private entity, the Department of Aging and Disability Services may provide interpreting services to assist such person or entity to the extent such persons who provide interpreting services are available. Any person or entity receiving interpreting services through the department shall reimburse the department for such services at a rate set by the Commissioner of Aging and Disability Services. The commissioner may adopt regulations in accordance with the provisions of chapter 54 to establish the manner of rate setting.

(P.A. 98-252, S. 74, 80; P.A. 11-44, S. 43; June 12 Sp. Sess. P.A. 12-1, S. 94; P.A. 16-118, S. 3; May Sp. Sess. P.A. 16-3, S. 79; P.A. 19-157, S. 96.)

History: P.A. 98-252 effective July 1, 1998; P.A. 11-44 replaced “Commission on the Deaf and Hearing Impaired” and “commission” with “Bureau of Rehabilitative Services” or “bureau” and with “director of the Bureau of Rehabilitative Services” or “director”, respectively, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced references to Bureau of Rehabilitative Services with references to Department of Rehabilitation Services and replaced references to director of Bureau of Rehabilitative Services with references to Commissioner of Rehabilitation Services, effective July 1, 2012; P.A. 16-118 replaced “shall” with “may” re adopting regulations; May Sp. Sess. P.A. 16-3 replaced “shall” with “may” re providing interpreting services, effective July 1, 2016; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services” and “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; Sec. 46a-33b transferred to Sec. 17a-839 in 2023.

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Sec. 17a-839a. (Formerly Sec. 46a-33c). State agency interpreting services. Interpreting services provided by the Department of Aging and Disability Services. Exceptions. For purposes of this section, “state agency” has the same meaning as provided in section 9-612 and “interpreting” has the same meaning as provided in section 17a-838. Any state agency that is unable to fulfill a request for interpreting services with its own interpreting staff shall first request such services from the Department of Aging and Disability Services and may seek such services elsewhere if (1) the department is unable to fulfill the request in two business days, or (2) the agency shows good cause that it needs such services immediately. The provisions of this section shall not (A) apply to the Department of Aging and Disability Services if the department needs interpreting services related to an internal matter and the use of department interpreters may raise confidentiality concerns, or (B) affect any preexisting contract for interpreting services. Interpreting services provided by a state agency shall be in accordance with the provisions of section 17a-838.

(June Sp. Sess. P.A. 15-5, S. 425; P.A. 19-157, S. 97.)

History: June Sp. Sess. P.A. 15-5 effective July 1, 2015; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 46a-33c transferred to Sec. 17a-839a in 2023.

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Secs. 17a-840 to 17a-849. Reserved for future use.

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PART IV

SERVICES FOR THE ELDERLY

Sec. 17a-850. (Formerly Sec. 17a-304). Area agencies on aging. The state shall be divided into five elderly planning and service areas, in accordance with federal law and regulations, each having an area agency on aging to carry out the mandates of the federal Older Americans Act of 1965, as amended. The area agencies shall (1) represent older persons within their geographic areas, (2) develop an area plan for approval by the Department of Aging and Disability Services and upon such approval administer the plan, (3) coordinate and assist local public and nonprofit, private agencies in the development of programs, (4) receive and distribute federal and state funds for such purposes, in accordance with applicable law, (5) distribute nutritional risk assessment surveys to older persons, collect the surveys and report individual and average nutritional risk assessment scores for each elderly planning and service area to the Department of Aging and Disability Services, and (6) carry out any additional duties and functions required by federal law and regulations.

(P.A. 83-89, S. 2; P.A. 86-368, S. 1, 5; P.A. 93-262, S. 1, 87; P.A. 13-125, S. 14; P.A. 17-202, S. 57; June Sp. Sess. P.A. 17-2, S. 293; P.A. 18-169, S. 17; P.A. 19-157, S. 43; P.A. 22-32, S. 1.)

History: P.A. 86-368 specified the number of planning and service areas for the elderly to be five; Sec. 17-136g transferred to Sec. 17a-304 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-304 transferred to Sec. 17b-421 in 1995; P.A. 13-125 amended Subdiv. (2) to replace reference to Department of Social Services with reference to Department on Aging, effective July 1, 2013; Sec. 17b-421 transferred to Sec. 17a-304 in 2015; P.A. 17-202 amended Subdiv. (1) to replace “elderly” with “older”; June Sp. Sess. P.A. 17-2 amended Subdiv. (2) by replacing references to Department on Aging with references to Department of Social Services, effective October 31, 2017; P.A. 18-169 replaced “Department of Social Services” with “Department of Rehabilitation Services” in Subdiv. (2), and made a technical change in Subdiv. (4), effective June 14, 2018; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; P.A. 22-32 inserted Subdiv. (5) re nutritional risk surveys and redesignated existing Subdiv. (5) as Subdiv. (6), effective July 1, 2022; Sec. 17a-304 transferred to Sec. 17a-850 in 2023.

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Sec. 17a-851. (Formerly Sec. 17a-305). Allocation of funds. Review. Voluntary fee for meals. (a) The Department of Aging and Disability Services shall equitably allocate, in accordance with federal law, federal funds received under Title IIIB and IIIC of the Older Americans Act to the five area agencies on aging established pursuant to section 17a-850. The department, before seeking federal approval to spend any amount above that allotted for administrative expenses under said act, shall inform the joint standing committees of the General Assembly having cognizance of matters relating to aging and human services that it is seeking such approval.

(b) Sixty per cent of the state funds appropriated to the five area agencies on aging for elderly nutrition and social services shall be allocated in the same proportion as allocations made pursuant to subsection (a) of this section. Forty per cent of all state funds appropriated to the five area agencies on aging for elderly nutrition and social services used for purposes other than the required nonfederal matching funds shall be allocated at the discretion of the Commissioner of Aging and Disability Services, in consultation with the five area agencies on aging, based on their need for such funds. Any state funds appropriated to the five area agencies on aging for administrative expenses shall be allocated equally.

(c) The Department of Aging and Disability Services, in consultation with the five area agencies on aging, shall review the method of allocation set forth in subsections (a) and (b) of this section and evaluate the method used to allocate funding for elderly nutrition services based on factors including, but not limited to, for each of the five elderly planning and service areas as described in section 17a-850, (1) elderly population data from the most recent United States census, and (2) average and individual nutritional risk assessment scores on nutritional risk assessment surveys. The department shall solicit information and recommendations from elderly nutrition program providers for consideration in the department's evaluation. Not later than July 1, 2023, the department shall report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to aging, appropriations and the budgets of state agencies and human services on (A) the data collected pursuant to this subsection, (B) the rates of reimbursement for each meals on wheels provider in the department's elderly nutrition program compared to the cost to provide meals on wheels for each such provider, (C) the administrative expenses of each such meals on wheels provider, (D) the number of such meals on wheels providers that have reduced or eliminated deliveries based on inadequate state reimbursement, and (E) any recommended changes in the method of allocation of funds. Providers of meals in the department's elderly nutrition program shall annually provide the department with data on service levels and costs.

(d) An area agency may request a person participating in the elderly nutrition program to pay a voluntary fee for meals furnished, except that no eligible person shall be denied a meal due to an inability to pay such fee.

(P.A. 86-368, S. 2, 3, 5; P.A. 88-301, S. 1, 2; P.A. 92-230, S. 1; P.A. 93-262, S. 1, 87; P.A. 03-278, S. 66; P.A. 13-125, S. 15; June Sp. Sess. P.A. 17-2, S. 294; P.A. 18-169, S. 18; P.A. 19-157, S. 44, 99; P.A. 22-32, S. 2.)

History: P.A. 88-301 changed the formula for the allocation of state funds in Subsec. (b) and added Subsec. (d) allowing an area agency to request a voluntary fee for meals furnished; Sec. 17-136h transferred to Sec. 17a-305 in 1991; P.A. 92-230 amended Subsec. (a) by deleting formula for allocation of federal funds and substituting requirement that funds be allocated equitably between the five area agencies on aging and amended Subsecs. (b) and (c) for consistency; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-305 transferred to Sec. 17b-422 in 1995; P.A. 03-278 made technical changes in Subsecs. (a) to (d), effective July 9, 2003; P.A. 13-125 amended Subsecs. (a), (b) and (c) by changing “Department of Social Services” to “Department on Aging” and “Commissioner of Social Services” to “Commissioner on Aging” and further amended Subsec. (a) by adding reference to joint standing committee on aging, effective July 1, 2013; Sec. 17b-422 transferred to Sec. 17a-305 in 2015; June Sp. Sess. P.A. 17-2 replaced references to Department and Commissioner on Aging with references to Department and Commissioner of Social Services, effective October 31, 2017; P.A. 18-169 replaced references to Department and Commissioner of Social Services with references to Department and Commissioner of Rehabilitation Services, effective June 14, 2018; P.A. 19-157 amended Subsec. (c) by adding “, as well as data on service levels and costs,” re report and adding provision re providers of meals under elderly nutrition program to annually provide data on service levels and costs, effective July 1, 2019, replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services” and replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”, effective October 1, 2019; P.A. 22-32 amended Subsec. (c) by expanding evaluation of method of allocation from method set forth in Subsec. (a) to method set forth in Subsecs. (a) and (b), adding Subdivs. (1) to (2)(E) re factors used to evaluate funding allocation and data to be included in report and adding aging committee to committees of cognizance receiving report, effective July 1, 2022; Sec. 17a-305 transferred to Sec. 17a-851 in 2023.

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Sec. 17a-852. (Formerly Sec. 17a-302). Nutrition programs for older persons. (a) The Department of Aging and Disability Services shall be responsible for the administration of programs which provide nutritionally sound diets to needy older persons and for the expansion of such programs when possible. Such programs shall be continued in such a manner as to fully utilize congregate feeding and nutrition education of older citizens who qualify for such program.

(b) Each program continued in accordance with subsection (a) of this section shall provide one meal per day, five days per week, to recipients of the program. Each program shall utilize all available municipal, state or local agencies for the purchase of food and equipment and the finding of appropriate locations for such programs.

(P.A. 75-439, S. 1–3, 4; P.A. 82-66, S. 1, 2; P.A. 93-262, S. 51, 87; P.A. 13-125, S. 19; P.A. 17-202, S. 55; June Sp. Sess. P.A. 17-2, S. 290; P.A. 18-169, S. 15; P.A. 19-157, S. 40.)

History: P.A. 82-66 amended Subsec. (a) to replace the requirement that the department expand nutrition programs with requirement to administer the programs and expand them when possible; Sec. 17-136e transferred to Sec. 17a-302 in 1991; P.A. 93-262 replaced department on aging with department of social services and deleted Subsec. (c) re reports to department on aging to be submitted by state-funded nutrition programs, effective July 1, 1993; Sec. 17a-302 transferred to Sec. 17b-792 in 1995; P.A. 13-125 amended Subsec. (a) to change “Department of Social Services” to “Department on Aging”, effective July 1, 2013; Sec. 17b-792 transferred to Sec. 17a-302 in 2015; P.A. 17-202 replaced “elderly” with “older”; June Sp. Sess. P.A. 17-2 amended Subsec. (a) by replacing reference to Department on Aging with reference to Department of Social Services, effective October 31, 2017; P.A. 18-169 amended Subsec. (a) by replacing “Department of Social Services” with “Department of Rehabilitation Services”, effective June 14, 2018; P.A. 19-157 amended Subsec. (a) by replacing “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 17a-302 transferred to Sec. 17a-852 in 2023.

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Sec. 17a-853. (Formerly Sec. 17a-302a). Meetings with nutrition service stakeholders. The Department of Aging and Disability Services shall hold quarterly meetings with nutrition service stakeholders to (1) develop recommendations to address complexities in the administrative processes of nutrition services programs, (2) establish quality control benchmarks in such programs, and (3) help move toward greater quality, efficiency and transparency in the elderly nutrition program. Stakeholders shall include, but need not be limited to, (A) one representative of each of the following: (i) Area agencies on aging, (ii) access agencies, (iii) the Commission on Women, Children, Seniors, Equity and Opportunity, and (iv) nutrition providers, and (B) one or more representatives of (i) food security programs, (ii) contractors, (iii) nutrition host sites, and (iv) consumers.

(P.A. 14-73, S. 2; P.A. 15-40, S. 1; May Sp. Sess. P.A. 16-3, S. 150; P.A. 17-34, S. 3; June Sp. Sess. P.A. 17-2, S. 316; P.A. 18-169, S. 39; P.A. 19-117, S. 122; 19-157, S. 41.)

History: P.A. 14-73 effective July 1, 2014; P.A. 15-40 designated existing provisions re quarterly meetings as Subsec. (a) and amended same to add provisions re stakeholder representatives and make technical changes and added Subsec. (b) re study of alternative sources of funding and report, effective July 1, 2015; May Sp. Sess. P.A. 16-3 amended Subsec. (a)(3) to make a technical change and to replace “Commission on Aging” with “Commission on Women, Children and Seniors”, effective July 1, 2016; P.A. 17-34 deleted Subsec. (a) designator and inserted clause designators (i) to (iv) in Subdiv. (3)(B), and deleted former Subsec. (b) re study and report of alternative sources of funding for nutrition services programs, effective June 8, 2017; June Sp. Sess. P.A. 17-2 deleted reference to Department on Aging re quarterly meetings, effective October 31, 2017; P.A. 18-169 replaced “Department of Social Services” with “Department of Rehabilitation Services”, effective June 14, 2018; P.A. 19-117 amended Subdiv. (3)(A)(iii) to replace “Commission on Women, Children and Seniors” with “Commission on Women, Children, Seniors, Equity and Opportunity”, effective July 1, 2019; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 17a-302a transferred to Sec. 17a-853 in 2023.

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Sec. 17a-854. (Formerly Sec. 17a-306). Regulations re Older Americans Act of 1965. Policies. Posting on eRegulations System. The Department of Aging and Disability Services shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes, programs and services authorized pursuant to the Older Americans Act of 1965, as amended from time to time. The department may operate under any new policy necessary to conform to a requirement of a federal or joint state and federal program while it is in the process of adopting the policy in regulation form, provided the department posts such policy on the eRegulations System not later than twenty days after adopting the policy. Such policy shall be valid until the time final regulations are effective.

(P.A. 86-368, S. 4, 5; P.A. 93-262, S. 1, 87; P.A. 03-278, S. 67; P.A. 12-92, S. 10; P.A. 13-247, S. 35; 13-274, S. 10; P.A. 14-187, S. 22; June Sp. Sess. P.A. 17-2, S. 295; P.A. 18-169, S. 19; P.A. 19-157, S. 45.)

History: Sec. 17-136i transferred to Sec. 17a-306 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-306 transferred to Sec. 17b-423 in 1995; P.A. 03-278 made technical changes in Subsecs. (a) and (b), effective July 9, 2003; P.A. 12-92 amended Subsec. (a) to require policy manual and new policies to be posted on department's web site and require new policies to be submitted to the Secretary for posting online, and make a technical change, effective July 1, 2013; P.A. 13-247 deleted Subsec. (a) designator, replaced provisions re community services policy manual with provision re adoption of regulations by Department on Aging re Older Americans Act of 1965, replaced provision requiring new policy to be posted in Connecticut Law Journal with provision requiring posting on eRegulations System, and deleted former Subsec. (b) re community services policy manual, effective October 1, 2014, and applicable to regulations noticed on and after that date; P.A. 13-274 made identical changes as P.A. 13-247, effective October 1, 2014, and applicable to regulations noticed on and after that date; P.A. 14-187 replaced former Subsecs. (a) and (b) re community services policy manual with provisions re adoption of regulations by Department on Aging re Older Americans Act of 1965, posting of policy on department Internet web site and submission of policy to Secretary of the State for online posting, effective June 11, 2014, until September 30, 2014; Sec. 17b-423 transferred to Sec. 17a-306 in 2015; June Sp. Sess. P.A. 17-2 replaced reference to Department on Aging with reference to Department of Social Services, effective October 31, 2017; P.A. 18-169 replaced “Department of Social Services” with “Department of Rehabilitation Services”, effective June 14, 2018; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 17a-306 transferred to Sec. 17a-854 in 2023.

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Sec. 17a-855. (Formerly Sec. 17a-310). State grants for community services and programs for older persons. The Department of Aging and Disability Services may make a grant to any city, town or borough or public or private agency, organization or institution for the following purposes: (1) For community planning and coordination of programs carrying out the purposes of the Older Americans Act of 1965, as amended; (2) for demonstration programs or activities particularly valuable in carrying out such purposes; (3) for training of special personnel needed to carry out such programs and activities; (4) for establishment of new or expansion of existing programs to carry out such purposes, including establishment of new or expansion of existing centers of service for older persons, providing recreational, cultural and other leisure time activities, and informational, transportation, referral and preretirement and postretirement counseling services for older persons and assisting such persons in providing volunteer community or civic services, except that no costs of construction, other than for minor alterations and repairs, shall be included in such establishment or expansion; and (5) for programs to develop or demonstrate approaches, methods and techniques for achieving or improving coordination of community services for older or aging persons and such other programs and services as may be allowed under Title III of the Older Americans Act of 1965, as amended, or to evaluate these approaches, techniques and methods, as well as others which may assist older or aging persons to enjoy wholesome and meaningful living and to continue to contribute to the strength and welfare of the state and nation.

(1967, P.A. 883, S. 1; 1969, P.A. 814, S. 13; P.A. 75-474, S. 7, 10; P.A. 93-262, S. 1, 87; P.A. 13-125, S. 16; P.A. 17-202, S. 58; June Sp. Sess. P.A. 17-2, S. 296; P.A. 18-169, S. 20; P.A. 19-157, S. 46.)

History: 1969 act replaced commission on services for elderly persons with department on aging; P.A. 75-474 allowed grants to private agencies; Sec. 17-137c transferred to Sec. 17a-310 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-310 transferred to Sec. 17b-425 in 1995; P.A. 13-125 changed “Department of Social Services” to “Department on Aging”, effective July 1, 2013; Sec. 17b-425 transferred to Sec. 17a-310 in 2015; P.A. 17-202 amended Subsecs. (d) and (e) to replace “elderly” with “older”; June Sp. Sess. P.A. 17-2 replaced reference to Department on Aging with reference to Department of Social Services and redesignated Subsecs. (a) to (e) as Subdivs. (1) to (5), effective October 31, 2017; P.A. 18-169 replaced “Department of Social Services” with “Department of Rehabilitation Services”, effective June 14, 2018; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 17a-310 transferred to Sec. 17a-855 in 2023.

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Sec. 17a-856. (Formerly Sec. 17a-313). Payment of administrative expenses. The Department of Aging and Disability Services may use moneys appropriated for the purposes of section 17a-855 for the expenses of administering the grant program under said section, provided the total of such moneys so used shall not exceed five per cent of the moneys so appropriated.

(1967, P.A. 883, S. 5; 1969, P.A. 814, S. 16; P.A. 92-230, S. 2; P.A. 93-262, S. 1, 87; P.A. 13-125, S. 17; June Sp. Sess. P.A. 17-2, S. 297; P.A. 18-169, S. 21; P.A. 19-157, S. 47.)

History: 1969 act replaced commission on services for elderly persons with department on aging; Sec. 17-137f transferred to Sec. 17a-313 in 1991; P.A. 92-230 deleted references to repealed sections; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-313 transferred to Sec. 17b-426 in 1995; P.A. 13-125 substituted “Department on Aging” for “Department of Social Services”, effective July 1, 2013; Sec. 17b-426 transferred to Sec. 17a-313 in 2015; June Sp. Sess. P.A. 17-2 replaced reference to Department on Aging with reference to Department of Social Services, effective October 31, 2017; P.A. 18-169 replaced “Department of Social Services” with “Department of Rehabilitation Services”, effective June 14, 2018; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 17a-313 transferred to Sec. 17a-856 in 2023.

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Sec. 17a-857. (Formerly Sec. 17a-314). CHOICES health insurance assistance program. Definitions. Requirements. Reports. Responsibilities of hospitals re Medicare patients. Regulations. (a) As used in this section:

(1) “CHOICES” means Connecticut's programs for health insurance assistance, outreach, information and referral, counseling and eligibility screening; and

(2) “CHOICES health insurance assistance program” means the federally recognized state health insurance assistance program funded pursuant to P.L. 101-508 and administered by the Department of Aging and Disability Services, in conjunction with the area agencies on aging and the Center for Medicare Advocacy, that provides free information and assistance related to health insurance issues and concerns of older persons and other Medicare beneficiaries in Connecticut.

(b) The Department of Aging and Disability Services shall administer the CHOICES health insurance assistance program, which shall be a comprehensive Medicare advocacy program that provides assistance to Connecticut residents who are Medicare beneficiaries.

(c) The program shall provide: (1) Toll-free telephone access for consumers to obtain advice and information on Medicare benefits, including prescription drug benefits available through the Medicare Part D program, the Medicare appeals process, health insurance matters applicable to Medicare beneficiaries and long-term care options available in the state at least five days per week during normal business hours; (2) information, advice and representation, where appropriate, concerning the Medicare appeals process, by a qualified attorney or paralegal at least five days per week during normal business hours; (3) information through appropriate means and format, including written materials, to Medicare beneficiaries, their families, senior citizens and organizations regarding Medicare benefits, including prescription drug benefits available through Medicare Part D and other pharmaceutical drug company programs and long-term care options available in the state; (4) information concerning Medicare plans and services, private insurance policies and federal and state-funded programs that are available to beneficiaries to supplement Medicare coverage; (5) information permitting Medicare beneficiaries to compare and evaluate their options for delivery of Medicare and supplemental insurance services; (6) information concerning the procedure to appeal a denial of care and the procedure to request an expedited appeal of a denial of care; and (7) any other information the program or the Commissioner of Rehabilitation Services deems relevant to Medicare beneficiaries.

(d) The Commissioner of Aging and Disability Services may include any additional functions necessary to conform to federal grant requirements.

(e) All hospitals, as defined in section 19a-490, which treat persons covered by Medicare Part A shall: (1) Notify incoming patients covered by Medicare of the availability of the services established pursuant to subsection (c) of this section, (2) post or cause to be posted in a conspicuous place therein the toll-free number established pursuant to subsection (c) of this section, and (3) provide each Medicare patient with the toll-free number and information on how to access the CHOICES program.

(f) The Commissioner of Aging and Disability Services may adopt regulations, in accordance with chapter 54, as necessary to implement the provisions of this section.

(P.A. 89-135, S. 1, 6; P.A. 93-262, S. 1, 87; P.A. 01-39, S. 1, 3; P.A. 03-19, S. 46; P.A. 05-102, S. 2; P.A. 07-155, S. 1; P.A. 10-32, S. 69; P.A. 13-97, S. 5; 13-125, S. 18; P.A. 16-21, S. 1; June Sp. Sess. P.A. 17-2, S. 298; P.A. 18-169, S. 22; P.A. 19-157, S. 48.)

History: P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-314 transferred to Sec. 17b-427 in 1995; P.A. 01-39 added new Subsec. (a) defining “CHOICES”, “CHOICES health insurance assistance program” and “Medicare organization”, redesignated existing Subsec. (a) as Subsec. (b) and amended by adding requirements that department administer the CHOICES health insurance assistance program, that program maintain a toll-free telephone number to provide advice and information on other health insurance matters applicable to Medicare beneficiaries at least five days per week during normal business hours, that program provide information, advice and representation concerning Medicare appeals process by a qualified attorney or paralegal, that program develop and distribute a Connecticut Medicare consumers guide, and that program include any functions department deems necessary to conform to federal grant requirements, added Subsec. (c) allowing Insurance Commissioner to require each Medicare organization to submit information, added Subsec. (d) re payment of late fees, added Subsec. (e) requiring Insurance Commissioner to submit an annual list of Medicare organizations that fail to file information and redesignated existing Subsec. (b) as Subsec. (f) and amended by changing internal references for consistency with section and making technical changes, effective May 31, 2001; P.A. 03-19 replaced “Health Care Financing Administration” with “Centers for Medicare and Medicaid Services” in Subsec. (a)(3), effective May 12, 2003; P.A. 05-102 amended Subsec. (e) by renaming the Managed Care Ombudsman the Healthcare Advocate; P.A. 07-155 amended Subsec. (b) to require CHOICES program to provide information and advice on prescription drug benefits available through Medicare Part D program and long-term care options available in the state, to prepare and distribute written material, and to collaborate with other state agencies and entities in the development of a consumer-oriented website, effective July 1, 2007; P.A. 10-32 made a technical change in Subsec. (b)(5), effective May 10, 2010; P.A. 13-97 amended Subsec. (e) to replace reference to select committee on aging with reference to joint standing committee on aging, effective June 6, 2013; P.A. 13-125 amended Subsecs. (a)(2) and (b) to replace “Department of Social Services” with “Department on Aging”, amended Subsec. (a)(3) to redefine “Medicare organization”, redesignated provisions re program requirements in existing Subsec. (b) as new Subsec. (c) and amended same to replace provision requiring preparation and distribution of written materials with provision re providing information through appropriate means, to add “other pharmaceutical drug company programs”, to delete former Subparas. (A) to (F) and replace provisions re consumers guide with provision re providing information re services, private insurance policies and federal and state-funded programs in Subdiv. (4), to add new Subdiv. (5) re information to compare options for delivery of Medicare and supplemental insurance services, to redesignate provision in former Subdiv. (4)(C) re procedure to appeal as new Subdiv. (6), to redesignate provision re other information in former Subdiv. (4)(F) as Subdiv. (7) and amend same to add references to Commissioner on Aging and Medicare, to delete former Subdiv. (5) re collaboration with other state agencies and to delete former Subdiv. (6) re functions to conform to federal grant requirements, added new Subsec. (d) re functions to conform to federal grant requirements, redesignated existing Subsecs. (c) to (f) as Subsecs. (e) to (h), amended redesignated Subsec. (e) to replace “Commissioner of Social Services” with “Commissioner on Aging” and replace “commissioner” with “Insurance Commissioner” in Subdivs. (1) and (2), amended redesignated Subsec. (g) to add reference to Sec. 11-4a, added new Subsec. (i) re regulations, and made technical and conforming changes, effective June 18, 2013; Sec. 17b-427 transferred to Sec. 17a-314 in 2015; P.A. 16-21 amended Subsec. (a) by deleting former Subdiv. (3) defining Medicare organization, deleted former Subsecs. (e) to (g) re Medicare organizations, redesignated existing Subsecs. (h) and (i) as Subsecs. (e) and (f) and made a technical change; June Sp. Sess. P.A. 17-2 replaced references to Department and Commissioner on Aging with references to Department and Commissioner of Social Services, effective October 31, 2017; P.A. 18-169 replaced references to Department and Commissioner of Social Services with references to Department and Commissioner of Rehabilitation Services, effective June 14, 2018; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services” and replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; Sec. 17a-314 transferred to Sec. 17a-857 in 2023.

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Sec. 17a-858. (Formerly Sec. 17a-316a). State Aging and Disability Resource Center Program. (a) The Commissioner of Aging and Disability Services shall develop and administer a program to provide a single, coordinated system of information and access for individuals seeking long-term support, including in-home, community-based and institutional services. The program shall be the state Aging and Disability Resource Center Program in accordance with the federal Older Americans Act Amendments of 2006, P.L. 109-365 and shall be administered as part of the Department of Aging and Disability Services' CHOICES program in accordance with subdivision (1) of subsection (a) of section 17a-857. Consumers served by the program shall include, but not be limited to, those sixty years of age or older and those eighteen years of age or older with disabilities and caregivers.

(b) The program shall, within available resources, provide (1) information, referral and assistance concerning aging and disability issues and long-term care planning; (2) comprehensive assessments to identify possible consumer needs or desires; (3) counseling for purposes of obtaining (A) employment or employment-related services, (B) screening for public benefits and private resources, and (C) information on long-term care planning; (4) follow-up to ensure consumer referrals were appropriate and to offer additional assistance and individual advocacy if needed; (5) support to consumers making decisions about current and future supports and services; (6) coordination of transitions between providers or sites of care; (7) preparation and distribution of written materials regarding the availability of program services; (8) maintenance of a toll-free telephone number; (9) assistance in improving and managing the program, monitoring quality and measuring responsiveness of systems of care; (10) assistance as necessary to conform to federal and other grant requirements; and (11) other related services.

(c) The commissioner shall establish program requirements and procedures for entering into agreements to operate the program. The commissioner may adopt regulations, in accordance with chapter 54, as necessary to implement the provisions of this section.

(P.A. 12-119, S. 1; P.A. 13-125, S. 22; P.A. 15-19, S. 1; June Sp. Sess. P.A. 17-2, S. 299; P.A. 18-169, S. 23; P.A. 19-157, S. 49.)

History: P.A. 12-119 effective June 15, 2012; P.A. 13-125 amended Subsec. (a) to change “Commissioner of Social Services” to “Commissioner on Aging”, effective July 1, 2013; Sec. 17b-367a transferred to Sec. 17a-316a in 2015; P.A. 15-19 deleted references to Community Choices and amended Subsec. (a) to add provision re program administered as part of Department on Aging's CHOICES program, effective July 1, 2015; June Sp. Sess. P.A. 17-2 amended Subsec. (a) by replacing reference to Commissioner on Aging with reference to Commissioner of Social Services and replaced “Department on Aging's” with “Department of Social Services'” re CHOICES program, effective October 31, 2017; P.A. 18-169 replaced references to Commissioner and Department of Social Services with references to Commissioner and Department of Rehabilitation Services, effective June 14, 2018; P.A. 19-157 amended Subsec. (a) by replacing “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services” and replacing “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 17a-316a transferred to Sec. 17a-858 in 2023.

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Sec. 17a-859. (Formerly Sec. 17a-303a). Fall prevention program. (a) The Department of Aging and Disability Services shall establish, within available appropriations, a fall prevention program. Within such program, the department shall:

(1) Promote and support research to: (A) Improve the identification, diagnosis, treatment and rehabilitation of older persons and others who have a high risk of falling; (B) improve data collection and analysis to identify risk factors for falls and factors that reduce the likelihood of falls; (C) design, implement and evaluate the most effective fall prevention interventions; (D) improve intervention strategies that have been proven effective in reducing falls by tailoring such strategies to specific populations of older persons; (E) maximize the dissemination of proven, effective fall prevention interventions; (F) assess the risk of falls occurring in various settings; (G) identify barriers to the adoption of proven interventions with respect to the prevention of falls among older persons; (H) develop, implement and evaluate the most effective approaches to reducing falls among high-risk older persons living in communities and long-term care and assisted living facilities; and (I) evaluate the effectiveness of community programs designed to prevent falls among older persons;

(2) Establish, in consultation with the Commissioner of Public Health, a professional education program in fall prevention, evaluation and management for physicians, allied health professionals and other health care providers who provide services for older persons in this state. The Commissioner of Aging and Disability Services may contract for the establishment of such program through (A) a request for proposal process, (B) a competitive grant program, or (C) cooperative agreements with qualified organizations, institutions or consortia of qualified organizations and institutions;

(3) Oversee and support demonstration and research projects to be carried out by organizations, institutions or consortia of organizations and institutions deemed qualified by the Commissioner of Aging and Disability Services. Such demonstration and research projects may be in the following areas:

(A) Targeted fall risk screening and referral programs;

(B) Programs designed for community-dwelling older persons that use fall intervention approaches, including physical activity, medication assessment and reduction of medication when possible, vision enhancement and home-modification strategies;

(C) Programs that target new fall victims who are at a high risk for second falls and that are designed to maximize independence and quality of life for older persons, particularly those older persons with functional limitations; and

(D) Private sector and public-private partnerships to develop technologies to prevent falls among older persons and prevent or reduce injuries when falls occur; and

(4) Award grants to, or enter into contracts or cooperative agreements with, organizations, institutions or consortia of organizations and institutions deemed qualified by the Commissioner of Aging and Disability Services to design, implement and evaluate fall prevention programs using proven intervention strategies in residential and institutional settings.

(b) In awarding any grants or entering into any contracts or agreements pursuant to this section, after October 1, 2017, the Commissioner of Aging and Disability Services shall determine appropriate data and program outcome measures, including fall prevention program outcome measures, as applicable, that the recipient organization, institution or consortia of organizations and institutions shall collect and report to the commissioner and the frequency of such reports.

(Sept. Sp. Sess. P.A. 09-5, S. 52; P.A. 13-125, S. 7; P.A. 17-123, S. 3; 17-202, S. 56; June Sp. Sess. P.A. 17-2, S. 291; P.A. 18-55, S. 1; 18-169, S. 16; P.A. 19-157, S. 42.)

History: Sept. Sp. Sess. P.A. 09-5 effective October 5, 2009; P.A. 13-125 replaced references to Department and Commissioner of Social Services with references to Department and Commissioner on Aging, effective July 1, 2013; Sec. 17b-33 transferred to Sec. 17a-303a in 2015; P.A. 17-123 designated existing provisions re establishment of fall prevention program as Subsec. (a) and added Subsec. (b) re commissioner determination of appropriate data and program outcome measures the organization, institution or consortia of organizations and institutions receiving any grants or entering into agreements or contracts are required to collect and report to commissioner; P.A. 17-202 replaced “adults” with “persons” and amended Subdiv. (2) to replace “the elderly” with “older persons”; June Sp. Sess. P.A. 17-2 replaced references to Commissioner on Aging with references to Commissioner of Social Services and replaced references to Department on Aging with references to Department of Social Services, effective October 31, 2017; P.A. 18-55 replaced “agreements or contracts” with “contracts or agreements pursuant to this section” in Subsec. (b); P.A. 18-169 replaced references to Department and Commissioner of Social Services with references to Department and Commissioner of Rehabilitation Services, effective June 14, 2018; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services” and “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; Sec. 17a-303a transferred to Sec. 17a-859 in 2023.

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Sec. 17a-860. (Formerly Sec. 17b-349e). Respite care services for caretakers of Alzheimer's patients. Definitions. Requirements. Regulations. (a) As used in this section:

(1) “Respite care services” means support services which provide short-term relief from the demands of ongoing care for an individual with Alzheimer's disease.

(2) “Caretaker” means a person who has the responsibility for the care of an individual with Alzheimer's disease or has assumed the responsibility for such individual voluntarily, by contract or by order of a court of competent jurisdiction.

(3) “Copayment” means a payment made by or on behalf of an individual with Alzheimer's disease for respite care services.

(4) “Individual with Alzheimer's disease” means an individual with Alzheimer's disease or related disorders.

(b) The Commissioner of Aging and Disability Services shall operate a program, within available appropriations, to provide respite care services for caretakers of individuals with Alzheimer's disease, provided such individuals with Alzheimer's disease meet the requirements set forth in subsection (c) of this section. Such respite care services may include, but need not be limited to (1) homemaker services; (2) adult day care; (3) temporary care in a licensed medical facility; (4) home-health care; (5) companion services; or (6) personal care assistant services. Such respite care services may be administered directly by the Department of Aging and Disability Services, or through contracts for services with providers of such services, or by means of direct subsidy to caretakers of individuals with Alzheimer's disease to purchase such services.

(c) (1) No individual with Alzheimer's disease may participate in the program if such individual (A) has an annual income of more than forty-one thousand dollars or liquid assets of more than one hundred nine thousand dollars, or (B) is receiving services under the Connecticut home-care program for the elderly. On July 1, 2009, and annually thereafter, the commissioner shall increase such income and asset eligibility criteria over that of the previous fiscal year to reflect the annual cost of living adjustment in Social Security income, if any.

(2) No individual with Alzheimer's disease who participates in the program may receive more than three thousand five hundred dollars for services under the program in any fiscal year or receive more than thirty days of out-of-home respite care services other than adult day care services under the program in any fiscal year, except that the commissioner shall adopt regulations pursuant to subsection (d) of this section to provide up to seven thousand five hundred dollars for services to a participant in the program who demonstrates a need for additional services.

(3) The commissioner may require an individual with Alzheimer's disease who participates in the program to pay a copayment for respite care services under the program, except the commissioner may waive such copayment upon demonstration of financial hardship by such individual.

(d) The commissioner shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this section. Such regulations shall include, but need not be limited to (1) standards for eligibility for respite care services; (2) the basis for priority in receiving services; (3) qualifications and requirements of providers, which shall include specialized training in Alzheimer's disease, dementia and related disorders; (4) a requirement that providers accredited by the Joint Commission on the Accreditation of Healthcare Organizations, when available, receive preference in contracting for services; (5) provider reimbursement levels; (6) limits on services and cost of services; and (7) a fee schedule for copayments.

(e) The commissioner may allocate any funds appropriated in excess of five hundred thousand dollars for the program among the five area agencies on aging according to need, as determined by the commissioner.

(P.A. 98-239, S. 14, 35; P.A. 99-162, S. 1, 2; 99-279, S. 23, 45; P.A. 07-86, S. 1; P.A. 09-75, S. 1; P.A. 13-125, S. 21; June Sp. Sess. P.A. 17-2, S. 309; P.A. 18-169, S. 33; P.A. 19-157, S. 61.)

History: P.A. 98-239 effective July 1, 1998; P.A. 99-162 amended Subsec. (c) to increase, from twenty-one to thirty, the maximum number of days of out-of-home respite care services available under the program in any fiscal year, to provide that adult day care services are not subject to such maximum and to make technical changes, and Subsec. (d)(1) to delete requirement that regulations include in standards accreditation by the Joint Commission on the Accreditation of Healthcare Organizations and added in Subsec. (d)(4) a requirement that providers accredited by said commission, when available, receive preference in contracting for services and renumbered remaining Subdivs. accordingly, effective July 1, 1999; P.A. 99-279 added a new Subsec. (e) allowing allocation of funds appropriated in excess of $500,000 for the demonstration program among the five area agencies on aging based on need, as determined by the commissioner, effective July 1, 1999; P.A. 07-86 amended Subsec. (c)(1) by substituting “receiving services under the Connecticut home-care program for the elderly” for “covered by Medicaid” re individuals who may not participate in the program, effective July 1, 2007; P.A. 09-75 amended Subsec. (b) by replacing “establish a demonstration program” with “operate a program”, adding Subdiv. (6) re personal care assistant services and making a technical change, amended Subsec. (c) by increasing eligibility limit from $30,000 to $41,000 in annual income and from $80,000 to $109,000 in liquid assets, and by requiring commissioner to annually increase eligibility criteria to reflect cost-of-living adjustments and to adopt regulations to provide up to $7,500 for additional services, effective July 1, 2009; P.A. 13-125 amended Subsecs. (b) and (e) to change “Commissioner of Social Services” to “Commissioner on Aging” and further amended Subsec. (b) to change “department” to “Department on Aging”, effective July 1, 2013; June Sp. Sess. P.A. 17-2 amended Subsec. (b) by replacing references to Commissioner and Department on Aging with references to Commissioner and Department of Social Services, and amended Subsec. (e) by replacing reference to Commissioner on Aging with reference to Commissioner of Social Services, effective October 31, 2017; P.A. 18-169 amended Subsec. (b) by replacing references to Commissioner and Department of Social Services with references to Commissioner and Department of Rehabilitation Services and amended Subsec. (e) by replacing “Commissioner of Social Services” with “commissioner” and making a technical change, effective June 14, 2018; P.A. 19-157 amended Subsec. (b) by replacing “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services” and replacing “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 17b-349e transferred to Sec. 17a-860 in 2023.

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Sec. 17a-861. (Formerly Sec. 17b-251). Connecticut Partnership for Long-Term Care: Outreach program established. The Department of Aging and Disability Services shall establish an outreach program to educate consumers as to: (1) The need for long-term care; (2) mechanisms for financing such care; (3) the availability of long-term care insurance; and (4) the asset protection provided under sections 17b-252 to 17b-254, inclusive, and 38a-475. The Department of Aging and Disability Services shall provide public information to assist individuals in choosing appropriate insurance coverage.

(P.A. 89-352, S. 4, 6; P.A. 93-262, S. 1, 87; P.A. 13-125, S. 8; June Sp. Sess. P.A. 17-2, S. 307; P.A. 18-169, S. 31; P.A. 19-157, S. 59.)

History: P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-307 transferred to Sec. 17b-251 in 1995; P.A. 13-125 replaced references to Department of Social Services with references to Department on Aging, effective July 1, 2013; June Sp. Sess. P.A. 17-2 replaced references to Department on Aging with references to Department of Social Services, effective October 31, 2017; P.A. 18-169 replaced “Department of Social Services” with “Department of Rehabilitation Services”, effective June 14, 2018; P.A. 19-157 replaced “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 17b-251 transferred to Sec. 17a-861 in 2023.

See Sec. 17b-252 re overview of program.

See Sec. 17b-253 re amendments to Medicaid regulations and state plan, and regulations re determining eligibility of applicants for Medicaid and coverage requirements for long-term care benefits.

See Sec. 17b-254 re foundation funds and federal approval and report to General Assembly.

See Sec. 38a-475 re precertification of long-term care insurance policies.

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Secs. 17a-862 to 17a-869. Reserved for future use.

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PART V

OFFICE OF THE LONG-TERM CARE OMBUDSMAN

Sec. 17a-870. (Formerly Sec. 17a-405). Office of the Long-Term Care Ombudsman. Regional ombudsmen. Appointments. Inclusion in classified service. Definitions. (a) As used in this chapter:

(1) “State agency” means the Department of Aging and Disability Services.

(2) “Office” or “Office of the Long-Term Care Ombudsman” means the organizational unit which is headed by the State Long-Term Care Ombudsman established in this section.

(3) “State Ombudsman” means the individual who heads the office established in this section.

(4) “Program” means the long-term care ombudsman program established in this section.

(5) “Representative of the office” includes a regional ombudsman, a residents' advocate or an employee of the Office of the Long-Term Care Ombudsman who is individually designated by the State Ombudsman.

(6) “Resident” means an individual who resides in a long-term care facility.

(7) “Long-term care facility” means any skilled nursing facility, as defined in Section 1819(a) of the Social Security Act, (42 USC 1395i-3(a)) any nursing facility, as defined in Section 1919(a) of the Social Security Act, (42 USC 1396r(a)) a board and care facility as defined in Section 102(19) of the federal Older Americans Act, (42 USC 3002(19)) and for purposes of ombudsman program coverage, an institution regulated by the state pursuant to Section 1616(e) of the Social Security Act, (42 USC 1382e(e)) and any other adult care home similar to a facility or nursing facility or board and care home.

(8) “Commissioner” means the Commissioner of Aging and Disability Services.

(9) “Applicant” means an individual who has applied for admission to a long-term care facility.

(10) “Resident representative” means (A) an individual chosen by the resident to act on behalf of the resident in order to support the resident in decision making, accessing medical, social or other personal information of the resident, managing financial matters, or receiving notifications; (B) a person authorized by state or federal law to act on behalf of the resident in order to support the resident in decision making, accessing medical, social or other personal information of the resident, managing financial matters, or receiving notifications; (C) a legal representative, as used in Section 712 of the Older Americans Act; or (D) the court-appointed guardian or conservator of a resident.

(b) There is established an independent Office of the Long-Term Care Ombudsman within the Department of Aging and Disability Services. The Commissioner of Aging and Disability Services shall appoint a State Ombudsman who shall be selected from among individuals with expertise and experience in the fields of long-term care and advocacy to head the office and the State Ombudsman shall appoint regional ombudsmen. In the event the State Ombudsman or a regional ombudsman is unable to fulfill the duties of the office, the commissioner shall appoint an acting State Ombudsman and the State Ombudsman shall appoint an acting regional ombudsman.

(c) Notwithstanding the provisions of subsection (b) of this section, on and after July 1, 1990, the positions of State Ombudsman and regional ombudsmen shall be classified service positions. The State Ombudsman and regional ombudsmen holding said positions on said date shall continue to serve in their positions as if selected through classified service procedures. As vacancies occur in such positions thereafter, such vacancies shall be filled in accordance with classified service procedures.

(d) The activities of the State Ombudsman or representatives of the office do not constitute lobbying under 45 CFR Part 93.

(P.A. 77-575, S. 1, 23; P.A. 81-167; P.A. 88-206, S. 3; P.A. 90-204, S. 1, 3; P.A. 93-262, S. 1, 87; P.A. 99-176, S. 1, 24; P.A. 13-125, S. 9; June Sp. Sess. P.A. 17-2, S. 300; P.A. 18-6, S. 1; 18-169, S. 24; P.A. 19-157, S. 50.)

History: P.A. 81-167 changed the number of assistant regional ombudsmen the commissioner on aging may appoint from a maximum of five to a number to be determined by the commissioner and deleted obsolete provisions re original appointment dates and terms; P.A. 88-206 authorized the commissioner to appoint an acting state ombudsman or an acting assistant regional ombudsman if the state ombudsman or assistant regional ombudsman cannot fulfill the duties of his office; P.A. 90-204 provided for the inclusion of the state ombudsman and assistant regional ombudsmen in the classified service; Sec. 17-135a transferred to Sec. 17a-405 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-405 transferred to Sec. 17b-400 in 1995; P.A. 99-176 inserted new Subsec. (a) consisting of definitions, redesignated former Subsec. (a) as Subsec. (b), changed name of office from “Nursing Home Ombudsmen Office” to “Office of the Long-Term Care Ombudsman”, deleted reference to responsibility for receiving and resolving complaints, added that the ombudsman shall be selected from among individuals with expertise and experience in the fields of long-term care and advocacy and provided that the State Ombudsman shall appoint assistant regional ombudsmen, substituted “the commissioner shall appoint an acting State Ombudsman and the State Ombudsman shall appoint an acting assistant regional ombudsman” for “the commissioner may appoint an acting State Ombudsman or an acting assistant regional ombudsman”, and deleted reference to appointment of local volunteer patients' advocates, redesignated former Subsec. (b) as (c), deleted “assistant” re regional ombudsmen and made technical changes, effective July 1, 1999; P.A. 13-125 amended Subsec. (a) to redefine “state agency” in Subdiv. (1) and “commissioner” in Subdiv. (8), make a technical change in Subdiv. (5), delete former Subdiv. (9) re definition of “director” and redesignate existing Subdiv. (10) as Subdiv. (9), and amended Subsec. (b) to change “Department of Social Services” to “Department on Aging” and change “Commissioner of Social Services” to “Commissioner on Aging”, effective July 1, 2013; Sec. 17b-400 transferred to Sec. 17a-405 in 2015; June Sp. Sess. P.A. 17-2 replaced references to Department and Commissioner on Aging with references to Office of Policy and Management and Secretary of the Office of Policy and Management, respectively, and made a conforming change, effective October 31, 2017; P.A. 18-6 amended Subsec. (a) by redefining “State agency” to replace “Office of Policy and Management” with “Department of Rehabilitation Services” in Subdiv. (1), redefining “Office” in Subdiv. (2), redefining “State ombudsman” in Subdiv. (3), replacing “Representative” with “Representative of the office” in Subdiv. (5), redefining “Resident” in Subdiv. (6), replacing definition of “Secretary” with definition of “Commissioner” in Subdiv. (8), adding Subdiv. (10) defining “Resident representative”, amended Subsec. (b) by replacing references to Office and Secretary of Policy and Management and references to Department and Commissioner of Rehabilitation Services, replaced references to assistant regional ombudsman with references to regional ombudsman, and added Subsec. (d) re activities of State Ombudsman or representatives of office, effective May 14, 2018; P.A. 18-169 replaced references to Office and Secretary of Office of Policy and Management with references to Department and Commissioner of Rehabilitation Services, respectively, effective June 14, 2018; P.A. 19-157 amended Subsec. (a) by redefining “state agency” in Subdiv. (1), and redefining “commissioner” in Subdiv. (8), amended Subsec. (b) by replacing “Department of Rehabilitation Services” with “Department of Aging and Disability Services” and replacing “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; Sec. 17a-405 transferred to Sec. 17a-870 in 2023.

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Sec. 17a-871. (Formerly Sec. 17a-406). Residents' advocates. Appointment, expenses, removal. Use of trained volunteers. (a) Residents' advocates shall be appointed by the State Ombudsman, in consultation with the regional ombudsmen, for each region in sufficient number to serve the long-term care facilities within such region. Such residents' advocates shall, if possible, be residents of the region in which they will serve, and shall have demonstrated an interest in the care of individuals who reside in long-term care facilities. Residents' advocates shall serve without compensation but may be reimbursed for reasonable expenses incurred in the performance of their duties, within available appropriations.

(b) The residents' advocates shall be appointed after submission of recommendations from at least two former employers or other nonrelated persons.

(c) The residents' advocates shall serve for a term of years specified by the State Ombudsman provided a residents' advocate may be removed by the State Ombudsman whenever the State Ombudsman finds such residents' advocate guilty of misconduct, material neglect of duty or incompetence in the conduct of the office or noncompliance with specified requirements of the position.

(d) Nothing in sections 17a-412, 17a-413, 17a-870 to 17a-880, inclusive, 19a-523, 19a-524, 19a-530, 19a-531, 19a-532 and 19a-554 shall be construed to preclude the use of additional trained volunteers when it is deemed necessary to assist the State Ombudsman, regional ombudsmen or the residents' advocates.

(e) Until such time as residents' advocates are appointed in accordance with the provisions of sections 17a-412, 17a-413, 17a-870 to 17a-880, inclusive, 19a-523, 19a-524, 19a-530, 19a-531, 19a-532 and 19a-554, those residents' advocates previously appointed shall continue to perform their assigned duties and responsibilities.

(P.A. 77-575, S. 2, 23; P.A. 85-97; 85-613, S. 34, 154; P.A. 93-262, S. 1, 87; P.A. 99-176, S. 2, 24; P.A. 18-6, S. 2.)

History: P.A. 85-97 required that chief administrative officer and committee on aging be consulted about appointment of advocates, where previously they were empowered to submit the nominees, and specified requirements for prospective advocates' recommendations; P.A. 85-613 made technical changes, substituting references to Sec. 2c-2b(a)(20) for references to Sec. 2c-2a; Sec. 17-135b transferred to Sec. 17a-406 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-406 transferred to Sec. 17b-401 in 1995; P.A. 99-176 amended section to substitute “residents' advocates” for “patients' advocates” and to substitute “long-term care facilities” for “nursing home facilities”, amended Subsec. (b) to delete “after consultation with the chief administrative officer and committee on aging for each town, area agency on aging and director of health serving each town” re appointment of residents' advocates, amended Subsec. (c) to substitute “State Ombudsman” for “Commissioner of Social Services” and “the State Ombudsman” for “he” re finding advocates guilty of misconduct, etc., and amended Subsecs. (d) and (e) to delete reference to Sec. 2c-2b(a)(20), effective July 1, 1999; Sec. 17b-401 transferred to Sec. 17a-406 in 2015; P.A. 18-6 amended Subsec. (a) by replacing “the elderly” with “individuals who reside in long-term care facilities” and amended Subsec. (c) by adding provision re noncompliance with requirements of position grounds for removal, effective May 14, 2018; Sec. 17a-406 transferred to Sec. 17a-871 in 2023.

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Sec. 17a-872. (Formerly Sec. 17a-407). Residents' advocates. Training. Regulations. No person may perform any functions as a residents' advocate until the person has successfully completed a course of training required by the State Ombudsman. Any residents' advocate who fails to complete such a course within a reasonable time after appointment may be removed by the State Ombudsman or the regional ombudsman for the region in which such residents' advocate serves. The Commissioner of Aging and Disability Services, after consultation with the State Ombudsman, shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the provisions of this section. Such regulations shall include, but not be limited to, the course of training required by this section.

(P.A. 77-575, S. 3, 23; P.A. 93-262, S. 1, 87; P.A. 99-176, S. 3, 24; June Sp. Sess. P.A. 17-2, S. 301; P.A. 18-169, S. 25; P.A. 19-157, S. 51.)

History: Sec. 17-135c transferred to Sec. 17a-407 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-407 transferred to Sec. 17b-402 in 1995; P.A. 99-176 deleted Subsec. designators, substituted “residents' advocate” for “patients' advocate”, made the course of training subject to that required by the State Ombudsman rather than by the commissioner through regulation, required the commissioner, after consultation with the State Ombudsman, to adopt regulations to carry out the provisions of the section, including, but not limited to, the course of training, and deleted former Subsec. (b) re the discretion of the commissioner, after consultation with the State Ombudsman, to waive the training requirement upon a showing of adequate training or experience, effective July 1, 1999; Sec. 17b-402 transferred to Sec. 17a-407 in 2015; June Sp. Sess. P.A. 17-2 replaced reference to Commissioner on Aging with reference to Secretary of the Office of Policy and Management, effective October 31, 2017; P.A. 18-169 replaced “Secretary of the Office of Policy and Management” with “Commissioner of Rehabilitation Services” and made a technical change, effective June 14, 2018; P.A. 19-157 replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; Sec. 17a-407 transferred to Sec. 17a-872 in 2023.

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Sec. 17a-873. (Formerly Sec. 17a-408). Duties of State Ombudsman. (a) The State Ombudsman shall establish and operate ombudsman programs in this state pursuant to Sections 711 to 713, inclusive, of the federal Older Americans Act of 1965, as amended from time to time, and all regulations promulgated thereunder.

(b) The State Ombudsman shall serve on a full-time basis, and shall personally or through representatives of the office:

(1) Identify, investigate and resolve complaints that:

(A) Are made by, or on behalf of, residents or, as to complaints involving the application for admission to a long-term care facility, by or on behalf of applicants; and

(B) Relate to action, inaction or decisions that may adversely affect the health, safety, welfare or rights of the residents, including the welfare and rights of the residents with respect to the appointment and activities of guardians and representative payees, of (i) providers or representatives of providers of long-term care services, (ii) public agencies, or (iii) health and social service agencies;

(2) Provide services to protect the health, safety, welfare and rights of the residents, including, but not limited to, services designed to address the impact of socialization, visitation and the role of primary or secondary essential support persons on the health, safety and well-being of residents;

(3) Inform the residents about means of obtaining services provided by providers or agencies described in subparagraph (B) of subdivision (1) of this subsection or services described in subdivision (2) of this subsection;

(4) Ensure that the residents and, as to issues involving applications for admission to long-term care facilities, applicants have regular and timely access to the services provided through the office and that the residents and complainants receive timely responses from representatives of the office to complaints;

(5) Represent the interests of the residents, and of applicants in relation to issues concerning applications to long-term care facilities, before governmental agencies and seek administrative, legal and other remedies to protect the health, safety, welfare and rights of the residents;

(6) Provide administrative and technical assistance to representatives of the office and training in areas including, but not limited to, Alzheimer's disease and dementia symptoms and care;

(7) (A) Analyze, comment on and monitor the development and implementation of federal, state and local laws, regulations, and other governmental policies and actions that pertain to the health, safety, welfare and rights of the residents with respect to the adequacy of long-term care facilities and services in this state and to the rights of applicants in relation to applications to long-term care facilities;

(B) Recommend any changes in such laws, regulations, policies and actions as the office determines to be appropriate; and

(8) Advocate for:

(A) Any changes in federal, state and local laws, regulations and other governmental policies and actions that pertain to the health, safety, welfare and rights of residents with respect to the adequacy of long-term care facilities and services in this state and to the health, safety, welfare and rights of applicants which the State Ombudsman determines to be appropriate;

(B) Appropriate action by groups or agencies with jurisdictional authority to deal with problems affecting individual residents and the general resident population and applicants in relation to issues concerning applications to long-term care facilities; and

(C) The enactment of legislative recommendations by the General Assembly and of regulatory recommendations by commissioners of Connecticut state agencies;

(9) (A) Provide for training representatives of the office;

(B) Promote the development of citizen organizations to participate in the program; and

(C) Provide technical support for the development of resident and family councils to protect the well-being and rights of residents;

(10) Coordinate ombudsman services with the protection and advocacy systems for individuals with developmental disabilities and mental illnesses established under (A) Part A of the Development Disabilities Assistance and Bill of Rights Act (42 USC 6001, et seq.), and (B) The Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 USC 10801 et seq.);

(11) Coordinate, to the greatest extent possible, ombudsman services with legal assistance provided under Section 306(a)(2)(C) of the federal Older Americans Act of 1965, (42 USC 3026(a)(2)(C)) as amended from time to time, through the adoption of memoranda of understanding and other means;

(12) Create, and periodically update as needed, a training manual for nursing home facilities identified in section 19a-522c that provides guidance on structuring and implementing the training required by said section;

(13) Develop policies and procedures regarding the communication and documentation of informed consent in the case of resident complaints, including, but not limited to, the use of auxiliary aids and services or the use of a resident representative; and

(14) Carry out such other activities and duties as may be required under federal law.

(P.A. 77-575, S. 4, 23; P.A. 99-176, S. 4, 24; P.A. 13-70, S. 1; 13-234, S. 107; P.A. 14-194, S. 9; June Sp. Sess. P.A. 15-5, S. 368; P.A. 18-6, S. 3; P.A. 21-71, S. 3.)

History: Sec. 17-135d transferred to Sec. 17a-408 in 1991; Sec. 17a-408 transferred to Sec. 17b-403 in 1995; P.A. 99-176 deleted existing provisions and substituted new Subsec. (a) re requirement that the State Ombudsman establish and operate ombudsman programs pursuant to provisions of the federal Older Americans Act, and substituted new Subsec. (b) re list of State Ombudsman's duties, effective July 1, 1999; P.A. 13-70 amended Subsec. (b) by adding new Subdiv. (12) re creation and update of training manual for certain nursing home facilities, redesignating existing Subdivs. (12) and (13) as Subdivs. (13) and (14) and making technical changes; P.A. 13-234 amended Subsec. (b) by adding provision, codified by the Revisors as new Subdiv. (14), re implementation of pilot program that serves home and community-based care recipients in Hartford County and making conforming changes, effective July 1, 2013; P.A. 14-194 made a technical change and added provision re Alzheimer's disease and dementia training in Subsec. (b)(6); Sec. 17b-403 transferred to Sec. 17a-408 in 2015; June Sp. Sess. P.A. 15-5 amended Subsec. (b)(14) by adding “within available appropriations” and deleting “on and after July 1, 2014”, effective July 1, 2015; P.A. 18-6 amended Subsec. (a) by adding “and all regulations promulgated thereunder” and amended Subsec. (b) by making a technical change in Subdiv. (6), deleting Subdivs. (13) and (14) re services for long-term care facility residents under age 60 and pilot program for home and community-based care, respectively, adding new Subdiv. (13) re informed consent and redesignating existing Subdiv. (15) as Subdiv. (14), effective May 14, 2018; P.A. 21-71 amended Subsec. (b)(2) by adding provisions re socialization, visitation and role of essential support persons, effective June 24, 2021; Sec. 17a-408 transferred to Sec. 17a-873 in 2023.

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Sec. 17a-874. (Formerly Sec. 17a-409). Investigative authority. The State Ombudsman is authorized to investigate and make reports and recommendations concerning any act or the failure to act by any agency, official or public employee, with respect to their responsibilities and duties in connection with long-term care facilities, except the courts and their personnel, legislative bodies and their personnel and the chief executive of the state and the chief executive's personal staff and all elected officials.

(P.A. 77-575, S. 5, 23; P.A. 88-206, S. 4; P.A. 90-204, S. 2, 3; P.A. 99-176, S. 5, 24.)

History: P.A. 88-206 provided that the state ombudsman shall also be accountable to the deputy commissioner on aging; P.A. 90-204 deleted the former Subsec. (a) which provided for the direct supervision of the state ombudsman by the commissioner or deputy commissioner; Sec. 17-135e transferred to Sec. 17a-409 in 1991; Sec. 17a-409 transferred to Sec. 17b-404 in 1995; P.A. 99-176 substituted “long-term care facilities” for “nursing home facilities” and “the chief executive's” for “his”, effective July 1, 1999; Sec. 17b-404 transferred to Sec. 17a-409 in 2015; Sec. 17a-409 transferred to Sec. 17a-874 in 2023.

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Sec. 17a-875. (Formerly Sec. 17a-410). Duties of regional ombudsmen. The regional ombudsmen shall, in accordance with the policies and procedures established by the Office of the Long-Term Care Ombudsman:

(1) Provide services to protect the health, safety, welfare and rights of residents;

(2) Ensure that residents in service areas have regular timely access to representatives of the office and timely responses to complaints and requests for assistance;

(3) Identify, investigate and resolve complaints made by or on behalf of residents that relate to action, inaction or decisions that may adversely affect the health, safety, welfare or rights of the residents or by, or on behalf of, applicants in relation to issues concerning applications to long-term care facilities;

(4) Represent the interests of residents and applicants, in relation to their applications to long-term care facilities, before government agencies and seek administrative, legal and other remedies to protect the health, safety, welfare and rights of the residents;

(5) (A) Review and, if necessary, comment on any existing and proposed laws, regulations and other government policies and actions that pertain to the rights and well-being of residents and applicants in relation to their applications to long-term care facilities, and (B) facilitate the ability of the public to comment on the laws, regulations, policies and actions;

(6) Support the development of resident and family councils; and

(7) Carry out other activities that the State Ombudsman determines to be appropriate.

(P.A. 77-575, S. 6, 23; P.A. 83-587, S. 32, 96; P.A. 99-176, S. 6, 24; P.A. 13-125, S. 10; P.A. 18-6, S. 4.)

History: P.A. 83-587 deleted reference to specific number of ombudsmen; Sec. 17-135f transferred to Sec. 17a-410 in 1991; Sec. 17a-410 transferred to Sec. 17b-405 in 1995; P.A. 99-176 deleted existing provisions and replaced with list of duties (1) to (7), effective July 1, 1999; P.A. 13-125 deleted “and the director”, effective July 1, 2013; Sec. 17b-405 transferred to Sec. 17a-410 in 2015; P.A. 18-6 amended Subdiv. (2) by changing “program” to “office”, effective May 14, 2018; Sec. 17a-410 transferred to Sec. 17a-875 in 2023.

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Sec. 17a-876. (Formerly Sec. 17a-411). Duties of residents' advocates. Posting by nursing home facilities. Funding. (a) Residents' advocates, under supervision of the regional ombudsmen, shall assist the regional ombudsmen in the performance of all duties and responsibilities of the regional ombudsmen as described in section 17a-875.

(b) All long-term care facilities shall post or cause to be posted in a conspicuous place therein a list of the names of the appropriate residents' advocates and the names, addresses, and telephone numbers of the appropriate ombudsmen.

(c) The Commissioner of Aging and Disability Services shall have authority to seek funding for the purposes contained in this section from public and private sources, including, but not limited to, any federal or state funded programs.

(P.A. 75-468, S. 11, 17; P.A. 76-331, S. 14, 16; P.A. 77-575, S. 14, 23; 77-604, S. 18, 84; 77-614, S. 323, 610; P.A. 93-262, S. 1, 87; 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 99-176, S. 7, 24; P.A. 13-125, S. 11; June Sp. Sess. P.A. 17-2, S. 304; P.A. 18-6, S. 5; 18-55, S. 7; 18-169, S. 28; P.A. 19-157, S. 52.)

History: P.A. 76-331 rewrote provisions re patients' advocates in Subsec. (a), required posting of availability of reports rather than reports themselves in Subsec. (b)(2), rephrased Subsec. (b)(3) and added Subdivs. (5) and (6) re financial affairs and well-being of patients and added Subsec. (e) re funding sources; P.A. 77-575 deleted former Subsecs. (a) and (b) re qualifications, appointment and duties of advocates, inserted new Subsec. (a) placing advocates under ombudsmen and listing duties, relettering remaining Subsecs. accordingly, required reports to commissioner of health and required names, addresses and telephone numbers of ombudsmen but names only of advocates; P.A. 77-604 rephrased Subsec. (b)(4); P.A. 77-614 replaced commissioner of health with commissioner of health services, effective January 1, 1979; Sec. 19-621 transferred to Sec. 17-135g in 1979; Sec. 17-135g transferred to Sec. 17a-411 in 1991; P.A. 93-262 substituted commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; Sec. 17a-411 transferred to Sec. 17b-406 in 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 99-176 substituted “residents' advocates” for “patients' advocates” and “long-term care facilities” for “nursing home facilities” and amended Subsec. (a) to delete list of duties and to reference responsibilities of the regional ombudsman as described in section 17b-405, deleted Subsec. (b) and redesignated Subsec. (c) and (d) as (b) and (c), respectively, effective July 1, 1999; P.A. 13-125 amended Subsec. (c) to substitute “Commissioner on Aging” for “Commissioner of Social Services”, effective July 1, 2013; Sec. 17b-406 transferred to Sec. 17a-411 in 2015; June Sp. Sess. P.A. 17-2 amended Subsec. (c) by replacing reference to Commissioner on Aging with reference to Commissioner of Social Services, effective October 31, 2017; P.A. 18-6 amended Subsec. (c) by replacing “Commissioner of Social Services” with “Commissioner of Rehabilitation Services”, effective May 14, 2018; P.A. 18-55 made technical changes in Subsec. (c); P.A. 18-169 amended Subsec. (c) by replacing “Commissioner of Social Services” with “Commissioner of Rehabilitation Services”, effective June 14, 2018; P.A. 19-157 amended Subsec. (c) by replacing “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; Sec. 17a-411 transferred to Sec. 17a-876 in 2023.

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(1) Adequate legal counsel is available and is able, without conflict of interest, to: (A) Provide advice and consultation needed to protect the health, safety, welfare and rights of residents and applicants in relation to their applications to long-term care facilities; and (B) assist the State Ombudsman and representatives of the office in the performance of the official duties of the State Ombudsman and representatives of the office; and

(2) Administrative, legal and other appropriate remedies are pursued on behalf of residents and applicants in relation to their applications to long-term care facilities.

(b) The regional ombudsmen and residents' advocates shall be considered state employees under section 4-141 for the purposes of any civil action for damages on account of any act or omission that is not wanton, wilful or malicious and that is within the scope of employment or duties under sections 17a-412, 17a-413, 17a-870 to 17a-880, inclusive, 19a-531 and 19a-532.

(P.A. 77-575, S. 16, 23; P.A. 99-176, S. 10, 24; P.A. 03-278, S. 65; P.A. 18-6, S. 6.)

History: Sec. 17-135j transferred to Sec. 17a-414 in 1991; Sec. 17a-414 transferred to Sec. 17b-409 in 1995; P.A. 99-176 deleted existing provisions and substituted Subsec. (a) re availability of legal counsel and pursuit of legal and other remedies, and added Subsec. (b) re status of regional ombudsmen and residents' advocates as state employees for purposes of certain civil actions, effective July 1, 1999; P.A. 03-278 made technical changes in Subsec. (a), effective July 9, 2003; Sec. 17b-409 transferred to Sec. 17a-414 in 2015; P.A. 18-6 made technical changes in Subsec. (a), effective May 14, 2018; Sec. 17a-414 transferred to Sec. 17a-877 in 2023.

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(1) Access to long-term care facilities and residents;

(2) Appropriate access to review the medical and social records of a resident, if (A) the representative of the office has the permission of the resident, or the legal representative of the resident, (B) the resident is unable to consent to the review and has no legal representative, or (C) access to the records is necessary to investigate a complaint and a resident representative refuses to give permission, a representative of the office has reasonable cause to believe that the resident representative is not acting in the best interests of the resident, and the representative of the office obtains the approval of the ombudsman;

(3) Access to the administrative records, policies and documents, to which the residents have, or the general public has access, of long-term care facilities; and

(4) Access to and, on request, copies of all licensing and certification records maintained by the state with respect to long-term care facilities.

(b) Any person or entity who wilfully interferes with representatives of the office in the performance of the official duties of the representatives of the office, or any long-term care facility or other entity which retaliates or exacts reprisals with respect to any resident, employee or other person for filing a complaint with, providing information to, or otherwise cooperating with any representative of the office, or long-term care facility which refuses to permit the State Ombudsman or any regional ombudsman or any residents' advocate entry into such facility or refuses to cooperate with the State Ombudsman, or any regional ombudsman or any residents' advocate in the carrying out of their mandated duties and responsibilities enumerated under sections 17a-412, 17a-413, 17a-870 to 17a-880, inclusive, 19a-531 and 19a-532 or refuses to permit residents or staff to communicate freely with the State Ombudsman or any regional ombudsman or any residents' advocate shall be subject to the penalty prescribed for a class B violation under section 19a-527.

(c) In carrying out the duties enumerated in sections 17a-412, 17a-413, 17a-870 to 17a-880, inclusive, 19a-531 and 19a-532, the State Ombudsman, the regional ombudsmen and the residents' advocates shall have access to all relevant public records, except that records which are confidential to a resident shall only be divulged with the written consent of the resident.

(d) In the performance of the duties and responsibilities enumerated under sections 17a-412, 17a-413, 17a-870 to 17a-880, inclusive, 19a-531 and 19a-532, the State Ombudsman, the regional ombudsmen and the residents' advocates may utilize any other state department, agency or commission, or any other public or private agencies, groups or individuals who are appropriate and who may be available.

(P.A. 77-575, S. 17, 23; P.A. 87-166, S. 4; P.A. 99-176, S. 11, 24; P.A. 18-6, S. 7.)

History: P.A. 87-166 made violations under Subsec. (a) subject to penalty prescribed for class B, rather than class D violations under Sec. 19a-527; Sec. 17-135k transferred to Sec. 17a-415 in 1991; Sec. 17a-415 transferred to Sec. 17b-410 in 1995; P.A. 99-176 substituted “resident” for “patient”, deleted reference to sections 19a-523, 19a-524, 19a-530 and 19a-554, inserted new Subsec. (a) re ombudsman and representatives' access to records, facilities and residents, redesignated former Subsec. (a) as Subsec. (b) and added provision re any person or entity who wilfully interferes with representatives of the office in the performance of official duties, or retaliations or reprisals by long-term care facilities, and redesignated former Subsecs. (b) and (c) as (c) and (d), respectively, effective July 1, 1999; Sec. 17b-410 transferred to Sec. 17a-415 in 2015; P.A. 18-6 replaced references to legal guardian with references to resident representative, and made technical changes, effective May 14, 2018; Sec. 17a-415 transferred to Sec. 17a-878 in 2023.

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Sec. 17a-879. (Formerly Sec. 17a-416). Regulations. The Commissioner of Aging and Disability Services, after consultation with the State Ombudsman, shall adopt regulations in accordance with the provisions of chapter 54, to carry out the provisions of sections 17a-412, 17a-413, 17a-870 to 17a-880, inclusive, 19a-531 and 19a-532.

(P.A. 77-575, S. 19, 23; P.A. 93-262, S. 1, 87; P.A. 99-176, S. 12, 24; P.A. 13-125, S. 12; June Sp. Sess. P.A. 17-2, S. 302; P.A. 18-6, S. 8; 18-169, S. 26; P.A. 19-157, S. 53.)

History: Sec. 17-135l transferred to Sec. 17a-416 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-416 transferred to Sec. 17b-411 in 1995; P.A. 99-176 amended section to require the regulations to be adopted after consultation with the State Ombudsman, and to delete reference to sections 19a-523, 19a-524, 19a-530 and 19a-554, effective July 1, 1999; P.A. 13-125 replaced reference to Commissioner of Social Services with reference to Commissioner on Aging, effective July 1, 2013; Sec. 17b-411 transferred to Sec. 17a-416 in 2015; June Sp. Sess. P.A. 17-2 replaced reference to Commissioner on Aging with reference to Secretary of the Office of Policy and Management, effective October 31, 2017; P.A. 18-6 substituted “Commissioner of Rehabilitation Services” for “Secretary of the Office of Policy and Management”, effective May 14, 2018; P.A. 18-169 made identical changes as P.A. 18-6, effective June 14, 2018; P.A. 19-157 replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; Sec. 17a-416 transferred to Sec. 17a-879 in 2023.

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Sec. 17a-880. (Formerly Sec. 17a-417). Additional duties of State Ombudsman. The Commissioner of Aging and Disability Services shall require the State Ombudsman to:

(1) Prepare an annual report:

(A) Describing the activities carried out by the office in the year for which the report is prepared;

(B) Containing and analyzing the data collected under section 17a-881;

(D) Containing recommendations for (i) improving the quality of the care and life of the residents, and (ii) protecting the health, safety, welfare and rights of the residents;

(E) (i) Analyzing the success of the program including success in providing services to residents of long-term care facilities; and (ii) identifying barriers that prevent the optimal operation of the program; and

(F) Providing policy, regulatory and legislative recommendations to solve identified problems, to resolve the complaints, to improve the quality of the care and life of residents, to protect the health, safety, welfare and rights of residents and to remove the barriers that prevent the optimal operation of the program.

(2) Analyze, comment on and monitor the development and implementation of federal, state and local laws, regulations and other government policies and actions that pertain to long-term care facilities and services, and to the health, safety, welfare and rights of residents in the state, and recommend any changes in such laws, regulations and policies as the office determines to be appropriate.

(3) (A) Provide such information as the office determines to be necessary to public and private agencies, legislators and other persons, regarding (i) the problems and concerns of older individuals residing in long-term care facilities; and (ii) recommendations related to the problems and concerns; and (B) make available to the public and submit to the federal assistant secretary for aging, the Governor, the General Assembly, the Department of Public Health and other appropriate governmental entities, each report prepared under subdivision (1) of this section.

(P.A. 77-575, S. 18, 23; P.A. 78-331, S. 31, 58; P.A. 93-262, S. 1, 87; P.A. 99-176, S. 13, 24; P.A. 13-125, S. 13; June Sp. Sess. P.A. 17-2, S. 303; P.A. 18-6, S. 9; 18-169, S. 27; P.A. 19-157, S. 54.)

History: P.A. 78-331 required that report state nature of administrative acts investigated in addition to the number of acts investigated; Sec. 17-135m transferred to Sec. 17a-417 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-417 transferred to Sec. 17b-412 in 1995; P.A. 99-176 replaced existing provisions with requirement that director require ombudsman to prepare an annual report containing enumerated information, to analyze, comment on and monitor relevant developments and implementation of laws, regulations and other government policies and actions, and to provide information the office determines necessary and submit the annual report to enumerated entities, effective July 1, 1999; P.A. 13-125 replaced reference to director with reference to Commissioner on Aging, effective July 1, 2013; Sec. 17b-412 transferred to Sec. 17a-417 in 2015; June Sp. Sess. P.A. 17-2 replaced reference to Commissioner on Aging with reference to Secretary of the Office of Policy and Management, effective October 31, 2017; P.A. 18-6 substituted “Commissioner of Rehabilitation Services” for “Secretary of the Office of Policy and Management”, effective May 14, 2018; P.A. 18-169 made identical changes as P.A. 18-6, effective June 14, 2018; P.A. 19-157 replaced “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; Sec. 17a-417 transferred to Sec. 17a-880 in 2023.

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Sec. 17a-881. (Formerly Sec. 17a-418). State-wide uniform data system. The state agency shall establish a state-wide uniform system to: (1) Collect and analyze data relating to complaints and conditions in long-term care facilities and to residents for the purpose of identifying and resolving significant problems; and (2) submit the data, on a regular basis to: (A) The Department of Public Health; (B) other state and federal entities that the State Ombudsman determines to be appropriate; and (C) the National Ombudsman Resource Center, established in Section 202(a)(21) of the federal Older Americans Act of 1965, as amended from time to time.

(P.A. 99-176, S. 14, 24.)

History: P.A. 99-176 effective July 1, 1999; Sec. 17b-413 transferred to Sec. 17a-418 in 2015; Sec. 17a-418 transferred to Sec. 17a-881 in 2023.

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Sec. 17a-882. (Formerly Sec. 17a-419). Duties of state agency re disclosure. The state agency shall:

(1) Provide that the files and records maintained by the program may be disclosed only at the discretion of the State Ombudsman or the person designated by the ombudsman to disclose the files and records; and

(2) Prohibit the disclosure of the identity of any complainant or resident with respect to whom the office maintains such files or records unless (A) the complainant or resident, or the legal representative of the complainant or resident, consents to the disclosure and the consent is given in writing; (B) (i) the complainant or resident gives consent orally; and (ii) the consent is documented contemporaneously in a writing made by a representative of the office in accordance with such requirements as the state agency shall establish; or (iii) the disclosure is required by court order.

(P.A. 99-176, S. 15, 24.)

History: P.A. 99-176 effective July 1, 1999; Sec. 17b-414 transferred to Sec. 17a-419 in 2015; Sec. 17a-419 transferred to Sec. 17a-882 in 2023.

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Sec. 17a-883. (Formerly Sec. 17a-420). Consideration of outside views re planning and operating the program. In planning and operating the program, the state agency, in consultation with the State Ombudsman, shall consider the views of area agencies on aging, long-term care facility residents and providers of long-term care.

(P.A. 99-176, S. 16, 24; P.A. 18-6, S. 10.)

History: P.A. 99-176 effective July 1, 1999; Sec. 17b-415 transferred to Sec. 17a-420 in 2015; P.A. 18-6 replaced “older individuals” with “long-term care facility residents”, and made a technical change, effective May 14, 2018; Sec. 17a-420 transferred to Sec. 17a-883 in 2023.

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Sec. 17a-884. (Formerly Sec. 17a-421). Duties of state agency. The state agency shall:

(1) Ensure that no individual, or member of the immediate family of an individual, involved in the designation of the State Ombudsman, whether by appointment or otherwise, or the designation of representatives of the office is subject to a conflict of interest;

(2) Ensure that no officer or employee of the office, representative of the office, or member of the immediate family of the officer, employee or representative of the office, is subject to a conflict of interest;

(3) Ensure that the State Ombudsman: (A) Does not have a direct involvement in the licensing or certification of a long-term care facility or of a provider of a long-term care service; (B) does not have an ownership or investment interest, represented by equity, debt or other financial relationship, in a long-term care facility or a long-term care service; (C) is not employed by, or participating in the management of, a long-term care facility and has not been employed by or participated in such management in the twelve months prior to being State Ombudsman; and (D) does not receive, or have the right to receive, directly or indirectly, remuneration, in cash or in kind, under a compensation arrangement with an owner or operator of a long-term care facility; and

(4) Establish and specify, in writing, mechanisms to identify and remove conflicts of interest described in subdivisions (1) and (2) of this section, and to identify and eliminate the relationships described in subdivision (3) of this section, including such mechanisms as: (A) The methods by which the state agency will examine individuals and immediate family members to identify the conflicts; and (B) the actions that the state agency will require the individuals and such family members to take to remove such conflicts.

(P.A. 99-176, S. 17, 24; P.A. 18-6, S. 11.)

History: P.A. 99-176 effective July 1, 1999; Sec. 17b-416 transferred to Sec. 17a-421 in 2015; P.A. 18-6 made technical changes in Subdivs. (1) and (2) and added provision re employment in management 12 months prior to being State Ombudsman in Subdiv. (3)(C), effective May 14, 2018; Sec. 17a-421 transferred to Sec. 17a-884 in 2023.

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Sec. 17a-885. (Formerly Sec. 17a-422). State ombudsman duties re pilot program in managed residential communities. Report. (a) The Office of the Long-Term Care Ombudsman shall develop and implement a pilot program, within available appropriations, to provide assistance and education to residents of managed residential communities, as defined in section 19a-693, who receive assisted living services from an assisted living services agency licensed by the Department of Public Health in accordance with chapter 368v. The assistance and education provided under such pilot program shall include, but not be limited to: (1) Assistance and education for residents who are temporarily admitted to a hospital or long-term care facility and return to a managed residential community; (2) assistance and education for residents with issues relating to a residency agreement for a managed residential community; and (3) assistance and education for residents to assure adequate and appropriate services are being provided including, but not limited to, adequate and appropriate services for individuals with cognitive impairments.

(b) The Office of the Long-Term Care Ombudsman shall develop and implement the pilot program in cooperation with managed residential communities and assisted living services agencies. Priority of assistance and education shall be given to residents of managed residential communities who participate in subsidized assisted living programs authorized under sections 8-206e, 17b-347e, 17b-365, 17b-366 and 19a-6c. To the extent allowed by available appropriations, the Long-Term Care Ombudsman shall also provide assistance and education under the pilot program to residents in managed residential communities who do not participate in said subsidized assisted living programs.

(c) Not later than June 30, 2005, the Long-Term Care Ombudsman shall submit a report on the pilot program to the Commissioners of Aging and Disability Services and Public Health, to the joint standing committees of the General Assembly having cognizance of matters relating to human services, public health and appropriations, and to the select committee of the General Assembly having cognizance of matters relating to aging. The report shall be submitted in accordance with section 11-4a.

(P.A. 04-158, S. 2; P.A. 07-252, S. 82; June Sp. Sess. P.A. 07-2, S. 42; P.A. 18-6, S. 12; P.A. 19-157, S. 55.)

History: P.A. 04-158 effective June 1, 2004; P.A. 07-252 amended Subsec. (a)(1) to make assistance and education available to residents who are temporarily admitted, rather than discharged, and amended Subsec. (a)(2) to substitute “residency agreement” for “admissions contract”, effective July 12, 2007; June Sp. Sess. P.A. 07-2 amended Subsec. (a) by replacing “19-13-D105 of the regulations of Connecticut state agencies” with “19a-693”; Sec. 17b-417 transferred to Sec. 17a-422 in 2015; P.A. 18-6 amended Subsec. (c) by substituting “Rehabilitation Services” for “Social Services”, effective May 14, 2018; P.A. 19-157 amended Subsec. (c) by replacing reference to Commissioner of Rehabilitation Services with reference to Commissioner of Aging and Disability Services; Sec. 17a-422 transferred to Sec. 17a-885 in 2023.

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Sec. 17a-886. Community Ombudsman program. Appointment of Community Ombudsman. Authority. Duties. Reporting. (a) As used in this section, (1) “authorized representative” means a person designated by a home care client, in writing, to act on such client's behalf, including, but not limited to, a health care representative appointed pursuant to section 19a-575a or 19a-577; (2) “home care” means long-term services and supports provided to adults in a home or community-based program administered by the Department of Social Services; (3) “home care provider” means a person or organization, including, but not limited to, (A) a home health agency or hospice agency, as defined in section 19a-490, or (B) a homemaker-companion agency, as defined in section 20-670; and (4) “long-term services and supports” means (A) health, health-related, personal care and social services provided to persons with physical, cognitive or mental health conditions or disabilities to facilitate optimal functioning and quality of life, or (B) hospice care provided to persons who may be nearing the end of their lives.

(b) There is established a Community Ombudsman program within the independent Office of the Long-Term Care Ombudsman, established pursuant to section 17a-405. Not later than October 1, 2022, the State Ombudsman appointed pursuant to said section shall, within available appropriations, appoint a Community Ombudsman who shall have access to data pertaining to long-term services and supports provided by a home care provider to a client, provided (1) such client or such client's authorized representative provides written consent to such access, or (2) if such client is incapable of providing such consent due to a physical, cognitive or mental health condition or disability and has no authorized representative, the Community Ombudsman determines the data is necessary to investigate a complaint concerning such client's care.

(1) Identify, investigate, refer and resolve complaints about home care services;

(2) Raise public awareness about home care and the program;

(3) Promote access to home care services;

(4) Advocate for long-term care options;

(5) Coach individuals in self advocacy; and

(6) Provide referrals to home care clients for legal, housing and social services.

(d) The Office of the Long-Term Care Ombudsman shall oversee the Community Ombudsman program and provide administrative and organizational support by:

(1) Developing and implementing a public awareness strategy about the Community Ombudsman program;

(2) Applying for, or working in collaboration with other state agencies to apply for, available federal funding for Community Ombudsman services;

(3) Collaborating with persons administering other state programs and services to design and implement an agenda to promote the rights of elderly persons and persons with disabilities;

(4) Providing information to public and private agencies, elected and appointed officials, the media and other persons regarding the problems and concerns of older adults and people with disabilities receiving home care;

(5) Advocating for improvements in the home and community-based long-term services and supports system; and

(6) Recommending changes in federal, state and local laws, regulations, policies and actions pertaining to the health, safety, welfare and rights of people receiving home care.

(e) Not later than December 1, 2023, and annually thereafter, the State Ombudsman shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to aging, human services and public health on (1) implementation of the public awareness strategy relating to the Community Ombudsman program, (2) the number of persons served in the program, (3) the number of complaints regarding home care filed with the program, (4) the disposition of such complaints, and (5) any gaps in services and resources needed to address such gaps.

(f) The State Ombudsman and the Community Ombudsman shall ensure that any health data obtained pursuant to subsection (b) of this section relating to a home care client is protected in accordance with the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time.

(P.A. 22-146, S. 7.)

History: P.A. 22-146 effective July 1, 2022.

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Secs. 17a-887 to 17a-899. Reserved for future use.

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