General Assembly Raised Bill No. 5558
February Session, 2014 LCO No. 2519
*02519_______PH_*
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
General Assembly
Raised Bill No. 5558
February Session, 2014
LCO No. 2519
*02519_______PH_*
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT CONCERNING SERVICES FOR PERSONS WITH AUTISM SPECTRUM DISORDER.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 17a-215c of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
(a) There is established a Division of Autism Spectrum Disorder Services within the Department of Developmental Services.
(b) The Department of Developmental Services shall adopt regulations, in accordance with chapter 54, to define the term "autism spectrum disorder", establish eligibility standards and criteria for the receipt of services by any resident of the state diagnosed with autism spectrum disorder, regardless of age, and data collection, maintenance and reporting processes. The commissioner may implement policies and procedures necessary to administer the provisions of this section prior to adoption of such regulations, provided the commissioner shall publish notice of intent to adopt such regulations not later than twenty days after implementation of such policies and procedures. Any such policies and procedures shall be valid until such regulations are adopted.
(c) The Division of Autism Spectrum Disorder Services may, within available appropriations, research, design and implement the delivery of appropriate and necessary services and programs for all residents of the state with autism spectrum disorder. Such services and programs may include the creation of: (1) Autism-specific early intervention services for any child under the age of three diagnosed with autism spectrum disorder; (2) education, recreation, habilitation, vocational and transition services for individuals age three to twenty-one, inclusive, diagnosed with autism spectrum disorder; (3) services for adults over the age of twenty-one diagnosed with autism spectrum disorder; and (4) related autism spectrum disorder services deemed necessary by the Commissioner of Developmental Services.
(d) The Department of Developmental Services shall serve as the lead state agency for the purpose of the federal Combating Autism Act, P.L. 109-416 and for applying for and receiving funds and performing any related responsibilities concerning autism spectrum disorder which are authorized pursuant to any state or federal law.
(e) On or before February 1, 2009, and annually thereafter, the Department of Developmental Services may make recommendations to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to public health concerning legislation and funding required to provide necessary services to persons diagnosed with autism spectrum disorder.
(f) The Division of Autism Spectrum Disorder Services shall research and locate possible funding streams for the continued development and implementation of services for persons diagnosed with autism spectrum disorder but not with intellectual disability. The division shall take all necessary action, in coordination with the Department of Social Services, to secure Medicaid reimbursement for home and community-based individualized support services for adults diagnosed with autism spectrum disorder but not with intellectual disability. Such action may include applying for a Medicaid waiver pursuant to Section 1915(c) of the Social Security Act, in order to secure the funding for such services.
(g) The Division of Autism Spectrum Disorder Services shall, within available appropriations: (1) Design and implement a training initiative that shall include training to develop a workforce; and (2) develop a curriculum specific to autism spectrum disorder in coordination with the Board of Regents for Higher Education.
(h) The case records of the Division of Autism Spectrum Disorder Services maintained by the division for any purpose authorized pursuant to subsections (b) to (g), inclusive, of this section shall be subject to the same confidentiality requirements, under state and federal law, that govern all client records maintained by the Department of Developmental Services.
(i) The Commissioner of Social Services, in consultation with the Commissioner of Developmental Services, may seek approval of an amendment to the state Medicaid plan or a waiver from federal law, whichever is sufficient and most expeditious, to establish and implement a Medicaid-financed home and community-based program to provide community-based services and, if necessary, housing assistance, to adults diagnosed with autism spectrum disorder but not with intellectual disability.
(j) The Commissioner of Developmental Services, in consultation with the Commissioner of Social Services, shall seek approval of an amendment to the state Medicaid plan or a waiver from federal law, to provide or expand physical activity programs to persons diagnosed with autism spectrum disorder and to provide transportation for such persons to and from such programs.
(k) The Commissioner of Developmental Services, in consultation with the Commissioner of Social Services, shall seek a waiver from federal law or take any other necessary action to increase the number of persons diagnosed with autism spectrum disorder who are currently served under the state's Medicaid waiver program and to eliminate the waiting list for services provided under such program.
[(j)] (l) On or before January 1, 2008, and annually thereafter, the Commissioner of Social Services, in consultation with the Commissioner of Developmental Services, and in accordance with the provisions of section 11-4a, shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to public health, on the status of any amendment to the state Medicaid plan or waiver from federal law as described in subsection (i) of this section and on the establishment and implementation of the program authorized pursuant to subsection (i) of this section.
[(k)] (m) The Autism Spectrum Disorder Advisory Council, established pursuant to section 17a-215d, shall advise the Commissioner of Developmental Services on all matters relating to autism.
Sec. 2. (Effective October 1, 2014) (a) Not later than July 1, 2014, the Commissioner of Developmental Services, in consultation with the Commissioner of Children and Families, shall establish a pilot program for persons with developmental disability and persons who have been diagnosed with autism spectrum disorder who (1) require a high level of clinical services, (2) have been difficult for the Department of Developmental Services to place due to such persons' behavioral needs, and (3) are on said department's emergency list or have been served primarily in a hospital setting or out-of-state facility. The pilot program shall provide a coordinated system of individualized services for such persons that includes integration into the community in a group setting.
(b) The pilot program shall provide participating persons with (1) behavior management services through the use of behavior analysis, (2) training in development of coping skills, (3) on-site clinical oversight, including the availability of direct care personnel to address behavioral needs on a twenty-four-hour basis, and (4) other individualized services.
(c) Service providers who participate in the pilot program shall have demonstrated experience serving persons with the behavior characteristics of those participating in the pilot program and managing challenging behaviors including aggression, self-injury and property destruction using methods of applied behavior analysis. All staff who provide direct care to persons participating in the pilot program shall receive training in applied behavior analysis, medication administration and crisis intervention. Service providers shall collaborate with school personnel and day program service providers to achieve consistency in behavior expectations for participants in the pilot program.
(d) The pilot program shall serve not more than twenty-four persons. The Commissioner of Developmental Services shall identify service providers meeting the requirements of subsection (c) of this section to provide direct care services for participants and identify appropriate placements for such participants. The commissioner may contract with any such service provider to provide such services for participants. The commissioner may place not more than six persons in any one group home. The commissioner shall establish a per diem fee for the services provided under the pilot program.
(e) On or before January 1, 2016, the Commissioner of Developmental Services shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to public health, human services and children concerning the results of the pilot program established in accordance with this section.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2014 17a-215c
Sec. 2 October 1, 2014 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2014
17a-215c
Sec. 2
October 1, 2014
New section
Statement of Purpose:
To require the provision of certain services to persons diagnosed with autism spectrum disorder and to establish a pilot program for such persons.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]