| 4 | 11 | | |
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| 5 | 12 | | AN ACT CONCERNING THE DEPARTMENT ON AGING. |
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| 6 | 13 | | |
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| 7 | 14 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 8 | 15 | | |
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| 9 | 16 | | Section 1. Section 7-127b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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| 10 | 17 | | |
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| 11 | 18 | | (a) The chief elected official or the chief executive officer if by ordinance of each municipality shall appoint a municipal agent for elderly persons. Such agent shall be a member of an agency that serves elderly persons in the municipality or a responsible resident of the municipality who has demonstrated an interest in the elderly or has been involved in programs in the field of aging. |
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| 12 | 19 | | |
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| 13 | 20 | | (b) The duties of the municipal agent may include, but shall not be limited to, (1) disseminating information to elderly persons, assisting such persons in learning about the community resources available to them and publicizing such resources and benefits; (2) assisting elderly persons to apply for federal and other benefits available to such persons; (3) reporting to the chief elected official or chief executive officer of the municipality and the Department [of Social Services] on Aging any needs and problems of the elderly and any recommendations for action to improve services to the elderly. |
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| 14 | 21 | | |
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| 15 | 22 | | (c) Each municipal agent shall serve for a term of two or four years, at the discretion of the appointing authority of each municipality, and may be reappointed. If more than one agent is necessary to carry out the purposes of this section, the appointing authority, in its discretion, may appoint one or more assistant agents. The town clerk in each municipality shall notify the Department [of Social Services] on Aging immediately of the appointment of a new municipal agent. Each municipality may provide to its municipal agent resources sufficient for such agent to perform the duties of the office. |
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| 16 | 23 | | |
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| 17 | 24 | | (d) The Department [of Social Services] on Aging shall adopt and disseminate to municipalities guidelines as to the role and duties of municipal agents and such informational and technical materials as may assist such agents in performance of their duties. The department, in cooperation with the area agencies on aging, may provide training for municipal agents within the available resources of the department and of the agencies on aging. |
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| 18 | 25 | | |
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| 19 | 26 | | Sec. 2. Section 8-119f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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| 20 | 27 | | |
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| 21 | 28 | | The Commissioner of [Economic and Community Development] Housing shall design, implement, operate and monitor a program of congregate housing. For the purpose of this program, the Commissioner of [Economic and Community Development] Housing shall consult with the Commissioner of Social Services and the Commissioner on Aging for the provision of services for the physically disabled in order to comply with the requirements of section 29-271. |
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| 22 | 29 | | |
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| 23 | 30 | | Sec. 3. Section 17b-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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| 24 | 31 | | |
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| 25 | 32 | | (a) The Department of Social Services shall plan, develop, administer, operate, evaluate and provide funding for services for individuals and families served by the department who are in need of personal or economic development. In cooperation with other social service agencies and organizations, including community-based agencies, the department shall work to develop and fund prevention, intervention and treatment services for individuals and families. The department shall: (1) Provide appropriate services to individuals and families as needed through direct social work services rendered by the department and contracted services from community-based organizations funded by the department; (2) collect, interpret and publish statistics relating to individuals and families serviced by the department; (3) monitor, evaluate and review any program or service which is developed, operated or funded by the department; (4) supervise the establishment of pilot programs funded by the department in local communities which assist and support individuals and families in personal and economic development; (5) improve the quality of services provided, operated and funded by the department and increase the competency of its staff relative to the provision of effective social services by establishing and supporting ongoing staff development and training; and (6) encourage citizen participation in the development of social service priorities and programs. |
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| 26 | 33 | | |
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| 27 | 34 | | [(b) The Department of Social Services shall study continuously the conditions and needs of elderly and aging persons in this state in relation to nutrition, transportation, home-care, housing, income, employment, health, recreation and other matters. It 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 elderly persons and the aged. The department shall: (1) Measure the need for services; (2) survey methods of administration of programs for service delivery; (3) provide for periodic evaluations of social services; (4) maintain technical, information, consultation and referral services in cooperation with other state agencies to local and area public and private agencies to the fullest extent possible; (5) develop and coordinate educational outreach programs for the purposes of informing the public and elderly persons of available programs; (6) cooperate in the development of performance standards for licensing of residential and medical facilities with appropriate state agencies; (7) supervise the establishment, in selected areas and local communities of the state, of pilot programs for elderly persons; (8) coordinate with the Department of Transportation to provide adequate transportation services related to the needs of elderly persons; and (9) cooperate with other state agencies to provide adequate and alternate housing for elderly persons, including congregate housing, as defined in section 8-119e.] |
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| 28 | 35 | | |
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| 29 | 36 | | [(c)] (b) The Department of Social Services, in conjunction with the Department of Public Health and the Department on Aging, may adopt regulations in accordance with the provisions of chapter 54 to establish requirements with respect to the submission of reports concerning financial solvency and quality of care by nursing homes for the purpose of determining the financial viability of such homes, identifying homes that appear to be experiencing financial distress and examining the underlying reasons for such distress. Such reports shall be submitted to the Nursing Home Financial Advisory Committee established under section 17b-339. |
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| 30 | 37 | | |
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| 37 | | - | (c) The Department on Aging is designated as the State Unit on Aging to administer, manage, design and advocate for benefits, programs and services for the elderly and their families pursuant to the Older Americans Act. The department shall study continuously the conditions and needs of elderly 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 elderly persons. The department shall: (1) Measure the need for services; (2) survey methods of administration of programs for service delivery; (3) provide for periodic evaluations of social services; (4) maintain technical, information, consultation and referral services in cooperation with other state agencies to local and area public and private agencies to the fullest extent possible; (5) develop and coordinate educational outreach programs for the purposes of informing the public and elderly persons of available programs; (6) cooperate in the development of performance standards for licensing of residential and medical facilities with appropriate state agencies; (7) supervise the establishment, in selected areas and local communities of the state, of pilot programs for elderly persons; (8) coordinate with the Department of Transportation to provide adequate transportation services related to the needs of elderly persons; and (9) cooperate with other state agencies to provide adequate and alternate housing for elderly persons, including congregate housing, as defined in section 8-119e. |
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| 44 | + | (c) The Department on Aging shall study continuously the conditions and needs of elderly 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 elderly persons. The department shall: (1) Measure the need for services; (2) survey methods of administration of programs for service delivery; (3) provide for periodic evaluations of social services; (4) maintain technical, information, consultation and referral services in cooperation with other state agencies to local and area public and private agencies to the fullest extent possible; (5) develop and coordinate educational outreach programs for the purposes of informing the public and elderly persons of available programs; (6) cooperate in the development of performance standards for licensing of residential and medical facilities with appropriate state agencies; (7) supervise the establishment, in selected areas and local communities of the state, of pilot programs for elderly persons; (8) coordinate with the Department of Transportation to provide adequate transportation services related to the needs of elderly persons; and (9) cooperate with other state agencies to provide adequate and alternate housing for elderly persons, including congregate housing, as defined in section 8-119e. |
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| 46 | 53 | | |
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| 47 | 54 | | Sec. 5. Section 17b-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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| 48 | 55 | | |
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| 49 | 56 | | The Department of Social Services is designated as the state agency for the administration of (1) the child care development block grant pursuant to the Child Care and Development Block Grant Act of 1990; (2) the Connecticut energy assistance program pursuant to the Low Income Home Energy Assistance Act of 1981; (3) [programs for the elderly pursuant to the Older Americans Act; (4)] the state plan for vocational rehabilitation services for the fiscal year ending June 30, 1994; [(5)] (4) the refugee assistance program pursuant to the Refugee Act of 1980; [(6)] (5) the legalization impact assistance grant program pursuant to the Immigration Reform and Control Act of 1986; [(7)] (6) the temporary assistance for needy families program pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996; [(8)] (7) the Medicaid program pursuant to Title XIX of the Social Security Act; [(9)] (8) the supplemental nutrition assistance program pursuant to the Food and Nutrition Act of 2008; [(10)] (9) the state supplement to the Supplemental Security Income Program pursuant to the Social Security Act; [(11)] (10) the state child support enforcement plan pursuant to Title IV-D of the Social Security Act; and [(12)] (11) the state social services plan for the implementation of the social services block grants and community services block grants pursuant to the Social Security Act. [The Department of Social Services is designated a public housing agency for the purpose of administering the Section 8 existing certificate program and the housing voucher program pursuant to the Housing Act of 1937.] |
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| 50 | 57 | | |
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| 51 | 58 | | Sec. 6. Subsection (c) of section 17b-28 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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| 52 | 59 | | |
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| 53 | 60 | | (c) On and after July 1, 2011, the council shall be composed of the following members: |
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| 54 | 61 | | |
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| 55 | 62 | | (1) The chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to aging, human services, public health and appropriations and the budgets of state agencies, or their designees; |
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| 56 | 63 | | |
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| 57 | 64 | | (2) Four appointed by the speaker of the House of Representatives, one of whom shall be a member of the General Assembly, one of whom shall be a community provider of adult Medicaid health services, one of whom shall be a recipient of Medicaid benefits for the aged, blind and disabled or an advocate for such a recipient and one of whom shall be a representative of the state's federally qualified health clinics; |
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| 58 | 65 | | |
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| 59 | 66 | | (3) Four appointed by the president pro tempore of the Senate, one of whom shall be a member of the General Assembly, one of whom shall be a representative of the home health care industry, one of whom shall be a primary care medical home provider and one of whom shall be an advocate for Department of Children and Families foster families; |
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| 60 | 67 | | |
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| 61 | 68 | | (4) Two appointed by the majority leader of the House of Representatives, one of whom shall be an advocate for persons with substance abuse disabilities and one of whom shall be a Medicaid dental provider; |
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| 62 | 69 | | |
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| 63 | 70 | | (5) Two appointed by the majority leader of the Senate, one of whom shall be a representative of school-based health centers and one of whom shall be a recipient of benefits under the HUSKY program; |
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| 64 | 71 | | |
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| 65 | 72 | | (6) Two appointed by the minority leader of the House of Representatives, one of whom shall be an advocate for persons with disabilities and one of whom shall be a dually eligible Medicaid-Medicare beneficiary or an advocate for such a beneficiary; |
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| 66 | 73 | | |
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| 67 | 74 | | (7) Two appointed by the minority leader of the Senate, one of whom shall be a low-income adult recipient of Medicaid benefits or an advocate for such a recipient and one of whom shall be a representative of hospitals; |
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| 68 | 75 | | |
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| 69 | 76 | | (8) The executive director of the Commission on Aging, or the executive director's designee; |
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| 70 | 77 | | |
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| 71 | 78 | | (9) The executive director of the Commission on Children, or the executive director's designee; |
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| 72 | 79 | | |
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| 73 | 80 | | (10) A representative of the Long-Term Care Advisory Council; |
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| 74 | 81 | | |
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| 75 | 82 | | (11) The Commissioners of Social Services, Children and Families, Public Health, Developmental Services and Mental Health and Addiction Services, and the Commissioner on Aging, or their designees, who shall be ex-officio nonvoting members; |
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| 76 | 83 | | |
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| 77 | 84 | | (12) The Comptroller, or the Comptroller's designee, who shall be an ex-officio nonvoting member; |
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| 78 | 85 | | |
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| 79 | 86 | | (13) The Secretary of the Office of Policy and Management, or the secretary's designee, who shall be an ex-officio nonvoting member; and |
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| 80 | 87 | | |
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| 81 | 88 | | (14) One representative of an administrative services organization which contracts with the Department of Social Services in the administration of the Medicaid program, who shall be a nonvoting member. |
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| 82 | 89 | | |
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| 83 | | - | Sec. 7. Section 17b-33 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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| 90 | + | Sec. 7. Subsection (a) of section 17b-28a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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| 91 | + | |
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| 92 | + | (a) There is established a Waiver Application Development Council that shall be composed of the following members: The chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to appropriations, or their designees; the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to aging, or their designees; the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to human services, or their designees; the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to public health, or their designees; the Commissioner of Social Services, or [his] the commissioner's designee; the Commissioner on Aging or the commissioner's designee; the Commissioner of Public Health, or [his] the commissioner's designee; the Commissioner of Mental Health and Addiction Services, or [his] the commissioner's designee; the Commissioner of Developmental Services, or [his] the commissioner's designee; the Secretary of the Office of Policy and Management, or [his] the secretary's designee; the State Comptroller, or [his] the comptroller's designee; a representative of advocacy for mental retardation to be appointed by the president pro tempore of the Senate; a representative of advocacy for the elderly to be appointed by the majority leader of the Senate; a representative of the nursing home industry to be appointed by the minority leader of the Senate; a representative of the home health care industry, independent of the nursing home industry, to be appointed by the speaker of the House of Representatives; a representative of the mental health profession to be appointed by the majority leader of the House of Representatives; a representative of the substance abuse profession to be appointed by the minority leader of the House of Representatives; a health care provider to be appointed by the president pro tempore of the Senate; two elderly consumers of Medicaid services who are also eligible for Medicare, to be appointed by the speaker of the House of Representatives; a representative of the managed care industry, to be appointed by the president pro tempore of the Senate; a social services care provider, to be appointed by the majority leader of the House of Representatives; a family support care provider, to be appointed by the majority leader of the Senate; two persons with disabilities who are consumers of Medicaid services, one to be appointed by the president pro tempore of the Senate and one to be appointed by the minority leader of the House of Representatives; a representative of legal advocacy for Medicaid clients, to be appointed by the minority leader of the Senate; and six members of the General Assembly, one member appointed by the president pro tempore of the Senate; one member appointed by the majority leader of the Senate; one member appointed by the minority leader of the Senate; one member appointed by the speaker of the House of Representatives; one member appointed by the majority leader of the House of Representatives; and one member appointed by the minority leader of the House of Representatives. The council shall be responsible for advising the Department of Social Services, which shall be the lead agency in the development of a Medicaid Research and Demonstration Waiver under Section 1115 of the Social Security Act for application to the Office of State Health Reform of the United States Department of Health and Human Services by May 1, 1996. The council shall advise the department with respect to specific provisions within the waiver application, including but not limited to, the identification of populations to be included in a managed care program, a timetable for inclusion of distinct populations, expansion of access to care, quality assurance and grievance procedures for consumers and providers. The council shall also advise the department with respect to the goals of the waiver, including but not limited to, the expansion of access and coverage, making state health spending more efficient and to the reduction of uncompensated care. |
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| 93 | + | |
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| 94 | + | Sec. 8. Section 17b-33 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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| 84 | 95 | | |
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| 85 | 96 | | The Department [of Social Services] on Aging shall establish, within available appropriations, a fall prevention program. Within such program, the department shall: |
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| 86 | 97 | | |
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| 87 | 98 | | (1) Promote and support research to: (A) Improve the identification, diagnosis, treatment and rehabilitation of older adults 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 adults; (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 adults; (H) develop, implement and evaluate the most effective approaches to reducing falls among high-risk older adults 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 adults; |
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| 88 | 99 | | |
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| 89 | 100 | | (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 the elderly in this state. The Commissioner [of Social Services] on Aging 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; |
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| 90 | 101 | | |
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| 91 | 102 | | (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 Social Services] on Aging. Such demonstration and research projects may be in the following areas: |
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| 92 | 103 | | |
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| 93 | 104 | | (A) Targeted fall risk screening and referral programs; |
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| 94 | 105 | | |
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| 95 | 106 | | (B) Programs designed for community-dwelling older adults that use fall intervention approaches, including physical activity, medication assessment and reduction of medication when possible, vision enhancement and home-modification strategies; |
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| 96 | 107 | | |
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| 97 | 108 | | (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 adults, particularly those older adults with functional limitations; |
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| 98 | 109 | | |
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| 99 | 110 | | (D) Private sector and public-private partnerships to develop technologies to prevent falls among older adults and prevent or reduce injuries when falls occur; and |
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| 100 | 111 | | |
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| 101 | 112 | | (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 Social Services] on Aging to design, implement and evaluate fall prevention programs using proven intervention strategies in residential and institutional settings. |
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| 102 | 113 | | |
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| 108 | 119 | | |
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| 109 | 120 | | (a) As used in this chapter: |
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| 110 | 121 | | |
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| 111 | 122 | | (1) "State agency" means the [Division of Elderly Services of the Department of Social Services] Department on Aging. |
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| 112 | 123 | | |
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| 113 | 124 | | (2) "Office" means the Office of the Long-Term Care Ombudsman established in this section. |
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| 114 | 125 | | |
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| 115 | 126 | | (3) "State Ombudsman" means the State Ombudsman established in this section. |
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| 116 | 127 | | |
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| 117 | 128 | | (4) "Program" means the long-term care ombudsman program established in this section. |
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| 118 | 129 | | |
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| 119 | 130 | | (5) "Representative" 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 [ombudsman] State Ombudsman. |
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| 120 | 131 | | |
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| 121 | 132 | | (6) "Resident" means an older individual who resides in or is a patient in a long-term care facility who is sixty years of age or older. |
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| 122 | 133 | | |
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| 123 | 134 | | (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. |
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| 124 | 135 | | |
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| 125 | 136 | | (8) "Commissioner" means the Commissioner [of Social Services] on Aging. |
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| 126 | 137 | | |
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| 127 | 138 | | [(9) "Director" means the director of the Division of Elderly Services of the Department of Social Services.] |
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| 128 | 139 | | |
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| 129 | 140 | | [(10)] (9) "Applicant" means an older individual who has applied for admission to a long-term care facility. |
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| 130 | 141 | | |
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| 131 | 142 | | (b) There is established an independent Office of the Long-Term Care Ombudsman within the Department [of Social Services] on Aging. The Commissioner [of Social Services] on Aging 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 assistant regional ombudsmen. In the event the State Ombudsman or an assistant 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 assistant regional ombudsman. |
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| 132 | 143 | | |
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| 133 | 144 | | (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. |
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| 134 | 145 | | |
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| 136 | 147 | | |
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| 137 | 148 | | The regional ombudsmen shall, in accordance with the policies and procedures established by the Office of the Long-Term Care Ombudsman: [and the director:] |
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| 138 | 149 | | |
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| 139 | 150 | | (1) Provide services to protect the health, safety, welfare and rights of residents; |
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| 140 | 151 | | |
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| 141 | 152 | | (2) Ensure that residents in service areas have regular timely access to representatives of the program and timely responses to complaints and requests for assistance; |
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| 142 | 153 | | |
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| 143 | 154 | | (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; |
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| 144 | 155 | | |
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| 145 | 156 | | (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; |
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| 146 | 157 | | |
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| 147 | 158 | | (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; |
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| 148 | 159 | | |
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| 149 | 160 | | (6) Support the development of resident and family councils; and |
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| 150 | 161 | | |
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| 151 | 162 | | (7) Carry out other activities that the State Ombudsman determines to be appropriate. |
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| 152 | 163 | | |
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| 162 | 173 | | |
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| 163 | 174 | | The [director] Commissioner on Aging shall require the State Ombudsman to: |
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| 164 | 175 | | |
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| 165 | 176 | | (1) Prepare an annual report: |
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| 166 | 177 | | |
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| 167 | 178 | | (A) Describing the activities carried out by the office in the year for which the report is prepared; |
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| 168 | 179 | | |
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| 169 | 180 | | (B) Containing and analyzing the data collected under section 17b-413; |
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| 170 | 181 | | |
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| 171 | 182 | | (C) Evaluating the problems experienced by and the complaints made by or on behalf of residents; |
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| 172 | 183 | | |
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| 173 | 184 | | (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; |
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| 174 | 185 | | |
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| 175 | 186 | | (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 |
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| 176 | 187 | | |
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| 177 | 188 | | (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. |
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| 178 | 189 | | |
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| 179 | 190 | | (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. |
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| 180 | 191 | | |
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| 181 | 192 | | (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. |
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| 182 | 193 | | |
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| 188 | 199 | | |
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| 189 | 200 | | (a) The Department [of Social Services] on Aging 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 17b-421, as amended by this act. The department, before seeking federal approval to spend any amount above that allotted for administrative expenses under said act, shall inform the joint standing [committee] committees of the General Assembly having cognizance of matters relating to aging and human services that it is seeking such approval. |
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| 190 | 201 | | |
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| 191 | 202 | | (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 Social Services] on Aging, 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. |
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| 192 | 203 | | |
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| 193 | 204 | | (c) The Department [of Social Services] on Aging, in consultation with the five area agencies on aging, shall review the method of allocation set forth in subsection (a) of this section and shall report any findings or recommendations to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and human services. |
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| 194 | 205 | | |
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| 195 | 206 | | (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. |
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| 196 | 207 | | |
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| 215 | | - | (b) The Department [of Social Services] on Aging 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. |
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| 226 | + | (b) The Department [of Social Services] on Aging 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. The program shall: (1) Maintain a toll-free telephone number to provide 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) provide 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) prepare and distribute written materials to Medicare beneficiaries, their families, senior citizens and organizations regarding Medicare benefits, including prescription drug benefits available through the Medicare Part D program and long-term care options available in the state; (4) develop and distribute a Connecticut Medicare consumers guide, after consultation with the Insurance Commissioner and other organizations involved in servicing, representing or advocating for Medicare beneficiaries, which shall be available to any individual, upon request, and shall include: (A) Information permitting beneficiaries to compare their options for delivery of Medicare services; (B) information concerning the Medicare plans available to beneficiaries, including the traditional Medicare fee-for-service plan, Medicare Part D plans and the benefits and services available through each plan; (C) information concerning the procedure to appeal a denial of care and the procedure to request an expedited appeal of a denial of care; (D) information concerning private insurance policies and federal and state-funded programs that are available to supplement Medicare coverage for beneficiaries; (E) a worksheet for beneficiaries to use to evaluate the various plans, including Medicare Part D programs; and (F) any other information the program deems relevant to beneficiaries; (5) collaborate with other state agencies and entities in the development of consumer-oriented web sites that provide information on Medicare plans, including Medicare Part D plans, and long-term care options that are available in the state; and (6) include any functions the department deems necessary to conform to federal grant requirements. |
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| 217 | | - | (c) The program shall [: (1) Maintain a toll-free telephone number to provide] 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) [provide] 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) [prepare and distribute written materials to] 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 [the] Medicare Part D [program] and other pharmaceutical drug company programs and long-term care options available in the state; (4) [develop and distribute a Connecticut Medicare consumers guide, after consultation with the Insurance Commissioner and other organizations involved in servicing, representing or advocating for Medicare beneficiaries, which shall be available to any individual, upon request, and shall include: (A) Information permitting beneficiaries to compare their options for delivery of Medicare services; (B)] information concerning [the] Medicare plans [available to beneficiaries, including the traditional Medicare fee-for-service plan, Medicare Part D plans and the benefits and services available through each plan; (C)] 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; [(D) information concerning private insurance policies and federal and state-funded programs that are available to supplement Medicare coverage for beneficiaries; (E) a worksheet for beneficiaries to use to evaluate the various plans, including Medicare Part D programs; and (F)] and (7) any other information the program or the Commissioner on Aging deems relevant to Medicare beneficiaries. [; (5) collaborate with other state agencies and entities in the development of consumer-oriented web sites that provide information on Medicare plans, including Medicare Part D plans, and long-term care options that are available in the state; and (6) include any functions the department deems necessary to conform to federal grant requirements. ] |
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| 228 | + | (c) The Insurance Commissioner, in cooperation with, or on behalf of, the Commissioner [of Social Services] on Aging, may require each Medicare organization to: (1) Annually submit to the commissioner any data, reports or information relevant to plan beneficiaries; and (2) at any other times at which changes occur, submit information to the commissioner concerning current benefits, services or costs to beneficiaries. Such information may include information required under section 38a-478c. |
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| 221 | | - | [(c)] (e) The Insurance Commissioner, in cooperation with, or on behalf of, the Commissioner [of Social Services] on Aging, may require each Medicare organization to: (1) Annually submit to the [commissioner] Insurance Commissioner any data, reports or information relevant to plan beneficiaries; and (2) at any other times at which changes occur, submit information to the [commissioner] Insurance Commissioner concerning current benefits, services or costs to plan beneficiaries. Such information may include information required under section 38a-478c. |
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| 232 | + | (e) Not later than June 1, 2001, and annually thereafter, the Insurance Commissioner, in conjunction with the Healthcare Advocate, shall submit to the Governor and to the joint standing committees of the General Assembly having cognizance of matters relating to aging, human services and insurance [and to the select committee of the General Assembly having cognizance of matters relating to aging,] a list of those Medicare organizations that have failed to file any data, reports or information requested pursuant to subsection (c) of this section. |
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| 225 | | - | [(e)] (g) Not later than June 1, 2001, and annually thereafter, the Insurance Commissioner, in conjunction with the Healthcare Advocate, shall submit a list, in accordance with the provisions of section 11-4a, to the Governor and to the joint standing committees of the General Assembly having cognizance of matters relating to aging, human services and insurance, [and to the select committee of the General Assembly having cognizance of matters relating to aging, a list] of those Medicare organizations that have failed to file any data, reports or information requested pursuant to subsection [(c)] (e) of this section. |
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| 226 | | - | |
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| 227 | | - | [(f)] (h) 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 [(b)] (c) of this section, (2) post or cause to be posted in a conspicuous place therein the toll-free number established pursuant to subsection [(b)] (c) of this section, and (3) provide each Medicare patient with the toll-free number and information on how to access the CHOICES program. |
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| 228 | | - | |
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| 229 | | - | (i) The Commissioner on Aging may adopt regulations, in accordance with chapter 54, as necessary to implement the provisions of this section. |
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| 230 | | - | |
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| 231 | | - | Sec. 19. Subsection (a) of section 17b-792 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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| 236 | + | Sec. 20. Subsection (a) of section 17b-792 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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| 240 | 245 | | |
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| 241 | 246 | | (a) As used in this section: |
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| 242 | 247 | | |
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| 243 | 248 | | (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. |
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| 244 | 249 | | |
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| 245 | 250 | | (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. |
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| 246 | 251 | | |
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| 247 | 252 | | (3) "Copayment" means a payment made by or on behalf of an individual with Alzheimer's disease for respite care services. |
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| 248 | 253 | | |
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| 249 | 254 | | (4) "Individual with Alzheimer's disease" means an individual with Alzheimer's disease or related disorders. |
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| 250 | 255 | | |
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| 251 | 256 | | (b) The Commissioner [of Social Services] on Aging 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] Department on Aging, 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. |
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| 252 | 257 | | |
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| 253 | 258 | | (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. |
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| 254 | 259 | | |
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| 255 | 260 | | (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. |
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| 256 | 261 | | |
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| 257 | 262 | | (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. |
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| 258 | 263 | | |
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| 259 | 264 | | (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. |
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| 260 | 265 | | |
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| 261 | 266 | | (e) The Commissioner [of Social Services] on Aging 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 said commissioner. |
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| 262 | 267 | | |
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| 285 | | - | As used in sections 4-6, 4-7 and 4-8, the term "department head" means Secretary of the Office of Policy and Management, Commissioner of Administrative Services, Commissioner on Aging, Commissioner of Revenue Services, Banking Commissioner, Commissioner of Children and Families, Commissioner of Construction Services, Commissioner of Consumer Protection, Commissioner of Correction, Commissioner of Economic and Community Development, State Board of Education, Commissioner of Emergency Services and Public Protection, Commissioner of Energy and Environmental Protection, Commissioner of Agriculture, Commissioner of Public Health, Insurance Commissioner, Labor Commissioner, Liquor Control Commission, Commissioner of Mental Health and Addiction Services, Commissioner of Social Services, Commissioner of Developmental Services, Commissioner of Motor Vehicles, Commissioner of Transportation, Commissioner of Veterans' Affairs, Commissioner of Housing, Commissioner of Rehabilitation Services and the executive director of the Office of Military Affairs. As used in sections 4-6 and 4-7, "department head" also means the Commissioner of Education and the president of the Board of Regents for Higher Education. |
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| 289 | | - | There shall be within the executive branch of state government the following departments: Office of Policy and Management, Department of Administrative Services, Department on Aging, Department of Revenue Services, Department of Banking, Department of Agriculture, Department of Children and Families, Department of Consumer Protection, Department of Correction, Department of Economic and Community Development, State Board of Education, Department of Emergency Services and Public Protection, Department of Energy and Environmental Protection, Department of Public Health, Board of Regents for Higher Education, Insurance Department, Labor Department, Department of Mental Health and Addiction Services, Department of Developmental Services, Department of Social Services, Department of Transportation, Department of Motor Vehicles, Department of Veterans' Affairs and Department of Construction Services. |
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| 291 | + | This act shall take effect as follows and shall amend the following sections: |
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| 292 | + | Section 1 July 1, 2013 7-127b |
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| 293 | + | Sec. 2 July 1, 2013 8-119f |
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| 294 | + | Sec. 3 July 1, 2013 17b-4 |
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| 295 | + | Sec. 4 July 1, 2013 17a-317 |
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| 296 | + | Sec. 5 July 1, 2013 17b-2 |
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| 297 | + | Sec. 6 July 1, 2013 17b-28(c) |
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| 298 | + | Sec. 7 July 1, 2013 17b-28a(a) |
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| 299 | + | Sec. 8 July 1, 2013 17b-33 |
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| 300 | + | Sec. 9 July 1, 2013 17b-251 |
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| 301 | + | Sec. 10 July 1, 2013 17b-400 |
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| 302 | + | Sec. 11 July 1, 2013 17b-405 |
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| 303 | + | Sec. 12 July 1, 2013 17b-406(c) |
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| 304 | + | Sec. 13 July 1, 2013 17b-411 |
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| 305 | + | Sec. 14 July 1, 2013 17b-412 |
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| 306 | + | Sec. 15 July 1, 2013 17b-421 |
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| 307 | + | Sec. 16 July 1, 2013 17b-422 |
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| 308 | + | Sec. 17 July 1, 2013 17b-425 |
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| 309 | + | Sec. 18 July 1, 2013 17b-426 |
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| 310 | + | Sec. 19 July 1, 2013 17b-427 |
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| 311 | + | Sec. 20 July 1, 2013 17b-792(a) |
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| 312 | + | Sec. 21 July 1, 2013 17b-337(c) |
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| 313 | + | Sec. 22 July 1, 2013 17b-349e |
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| 314 | + | Sec. 23 July 1, 2013 17b-367a(a) |
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| 315 | + | Sec. 24 July 1, 2013 3-123aa(c) |
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| 316 | + | Sec. 25 July 1, 2013 16a-41b(a) |
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| 317 | + | Sec. 26 July 1, 2013 17b-253(a) |
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| 318 | + | Sec. 27 July 1, 2013 38a-475 |
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