CT
Connecticut Senate Bill SB00294

Connecticut 2016 Regular Session

Connecticut Senate Bill SB00294 Compare Versions

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1-Substitute Senate Bill No. 294
1+General Assembly Substitute Bill No. 294
2+February Session, 2016 *_____SB00294HS____041916____*
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3-Public Act No. 16-60
4+General Assembly
5+
6+Substitute Bill No. 294
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8+February Session, 2016
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10+*_____SB00294HS____041916____*
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512 AN ACT CONCERNING SERVICES FOR INDIVIDUALS WITH INTELLECTUAL DISABILITY.
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714 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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916 Section 1. (NEW) (Effective from passage) (a) For purposes of this section:
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1118 (1) "Department" means the Department of Developmental Services.
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13-(2) "Level of need assessment" means the department's method of determining, through the use of a standardized screening tool, an individual's need for funding or services from the department.
20+(2) "Commissioner" means the Commissioner of Developmental Services.
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15-(3) "Priority status" means the department's assessment of the urgency of an individual's need for funding or services from the department.
22+(3) "Waiting list" means a list or lists maintained by the commissioner that include the names of individuals with intellectual disability who (A) have requested respite supports or residential, day, in-home, behavioral or other services from the department, and (B) the commissioner has determined to be in need of the supports or services requested.
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17-(4) "Planning and resource allocation team" means the department's staff members who are responsible for (A) establishing an individual's priority status, (B) approving or denying an individual's request for funding or services, and (C) allocating resources to individuals receiving funding or services from the department.
24+(4) "Level of need assessment" means the department's method, using any standardized assessment or screening tool, to (A) determine the level of services from the department that an individual with intellectual disability requires for the management of the individual's behavioral or health conditions and to complete activities of daily living, as defined in section 19a-693 of the general statutes, (B) determine an individual's priority status, and (C) assign an individual an estimated funding amount for services.
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19-(b) An individual determined by the department to be eligible for funding or services from the department, or such individual's legal guardian or representative, may request and, if requested, shall obtain from the department a copy of (1) such individual's priority status for residential services, if the individual has an unmet need for residential services, (2) such individual's request for funding or services submitted to the regional planning and resource allocation team, and (3) any decision on the individual's request for funding or services made by the regional planning and resource allocation team. Additionally, any such individual who receives annual funding or services from the department, or such individual's legal guardian or representative, may request and, if requested, shall obtain from the department a copy of such individual's (A) individual plan, and (B) level of need assessment.
26+(5) "Priority status" means the code assigned to an individual with intellectual disability for whom services from the department have been requested that identifies the timing of the individual's need for services.
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21-(c) The Commissioner of Developmental Services shall report, in accordance with the provisions of section 11-4a of the general statutes, annually to the joint standing committees of the General Assembly having cognizance of matters relating to public health and appropriations and the budgets of state agencies concerning the number of individuals determined by the department to be eligible for funding or services from the department and who (1) have unmet residential care needs, (2) have unmet employment opportunity and day service needs, or (3) are eligible for the department's behavioral services program and are waiting for a funding allocation.
28+(b) Immediately after the department completes a level of need assessment for an individual with intellectual disability, or not later than September 30, 2016, for an individual who had a level of need assessment prior to that date, the department shall provide to the individual and the individual's parent, conservator, guardian or other legal representative a complete copy of the level of need assessment, including, but not limited to, scoring results, comments, a summary report and any other related information or documents.
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30+(c) (1) Not later than September 30, 2016, the commissioner shall notify, in writing, each individual with intellectual disability, who is receiving services from the department, and the individual's parent, conservator, guardian or other legal representative of the individual's priority status on any applicable waiting list and the amount of funding budgeted for each service provided by the department.
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32+(2) Not later than fifteen days after the commissioner makes a change to the priority status of an individual with intellectual disability, the commissioner shall notify the individual and the individual's parent, conservator, guardian or other legal representative, in writing, of such change.
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34+(3) On or before July 1, 2017, the commissioner shall, in consultation with each individual with intellectual disability who is receiving supports or services from the department, and the individual's parent, conservator, guardian or other legal representative, develop a long-term five-year and ten-year care plan to meet the individual's needs for supports or services. Such plan shall include an indication of the time period each support or service is likely to be needed based on the individual's annual level of need assessment. Such plan shall be updated annually based on the individual's level of need assessment.
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36+(d) (1) The commissioner shall develop and maintain one state-wide comprehensive residential waiting list. Such waiting list shall (A) be organized by geographic region and individuals' priority status, and (B) include the type of support or service each individual needs and the estimated time period each support or service is likely to be needed. The commissioner shall update such list not less than quarterly.
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38+(2) On or before January 1, 2017, the commissioner shall conduct a state-wide census and needs assessment for individuals receiving services from the department. The census shall be based on the level of need assessment for each such individual. At the conclusion of the census, the commissioner shall update the residential waiting list based on the results of such census. On or before January 1, 2017, the commissioner shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to public health on the results of the state-wide census and needs assessment and the status of the residential waiting list. Such report shall also include, but need not be limited to, a description of the trends in supports and services requested from the department and projections for state-wide needs over the next two-year, five-year and ten-year periods.
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40+(e) Information collected, maintained and disclosed pursuant to this section shall be in accordance with the requirements of the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) (HIPAA), as amended from time to time, or regulations adopted thereunder.
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2342 Sec. 2. Section 17a-273 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
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25-(a) The Commissioner of Developmental Services shall appoint at least one advisory and planning council for each state developmental services region operated by the Department of Developmental Services, which council shall have the responsibility of consulting with and advising the director of the region on the needs of persons with intellectual disability in the region, the annual plan and budget of the region and other matters deemed appropriate by the council. The Commissioner of Developmental Services shall, at least annually, provide to any individual who receives annual funding or receives services from the department, or such individual's legal guardian or representative, information about the regional advisory and planning council's statutory responsibilities and the process to access information concerning such council's meetings.
44+(a) The Commissioner of Developmental Services shall appoint at least one advisory and planning council for each state developmental services region operated by the Department of Developmental Services, which council shall have the responsibility of consulting with and advising the director of the region on the needs of persons with intellectual disability in the region, the annual plan and budget of the region and other matters deemed appropriate by the council. The mission of, and meeting dates and times for, each council shall be posted on the Department of Developmental Services' Internet web site.
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2746 (b) Each such council shall consist of at least ten members appointed from the state developmental services region. No employee of any state agency engaged in the care or training of [persons] individuals with intellectual disability shall be eligible for appointment. At least one member shall be designated by a local chapter of the Arc of Connecticut in the region. At least one member shall be an individual who is eligible for and receives services from the Department of Developmental Services. At least two members shall be parents of [persons] individuals with intellectual disability. Members shall be appointed for terms of three years. No member may serve more than two consecutive terms, except a member may continue to serve until a successor is appointed. Each council shall appoint annually, from among its members, a chairperson, vice-chairperson and secretary. The council may make rules for the conduct of its affairs. The director of the region shall be an ex-officio member of the council without vote and shall attend its meetings.
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2948 (c) The council shall meet at least six times a year and at other times upon the call of the chair or the director of the state developmental services region or on the written request of any two members. A majority of the council members in office shall constitute a quorum. Any 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 from office.
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50+(d) (1) Each council shall ensure that each individual with intellectual disability who resides within the region, and is applying for or receiving services from the Department of Developmental Services and the individual's parent, conservator, guardian or other legal representative, is informed, in writing and in plain language, of the supports and services available to the individual from the department.
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52+(2) Each council shall establish and implement a planning and resource allocation team. The team shall establish the priority of each request by individuals with intellectual disability for residential, day supports or other services from the department and the allocation of resources within the region. All records, meeting minutes, reports and other materials used by the team to determine an individual's priority status shall be made available to the individual and the individual's parent, conservator, guardian or other legal representative.
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54+(e) Information collected, maintained and disclosed pursuant to this section shall be in accordance with the requirements of the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) (HIPAA), as amended from time to time, or regulations adopted thereunder.
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56+Sec. 3. (NEW) (Effective from passage) (a) On and after October 1, 2016, the Commissioners of Social Services and Developmental Services shall notify, in writing, any individual with intellectual disability, who is receiving state-assisted care and who is soon to become ineligible for state-assisted care, and the individual's parent, conservator, guardian or other legal representative, of the date the individual will be ineligible to receive state-assisted care. Such notice shall be sent by certified mail, return receipt requested, not later than ninety days prior to the date the individual will become ineligible for state-assisted care or will stop receiving such care, whichever is earlier.
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58+(b) Said commissioners shall assist any such individual and the individual's parent, conservator, guardian or other legal representative to identify and secure private funding for care or services required by the individual relating to his or her intellectual disability.
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63+This act shall take effect as follows and shall amend the following sections:
64+Section 1 from passage New section
65+Sec. 2 from passage 17a-273
66+Sec. 3 from passage New section
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68+This act shall take effect as follows and shall amend the following sections:
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70+Section 1
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72+from passage
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74+New section
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76+Sec. 2
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78+from passage
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80+17a-273
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82+Sec. 3
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84+from passage
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86+New section
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90+PH Joint Favorable Subst.
91+HS Joint Favorable
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93+PH
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95+Joint Favorable Subst.
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97+HS
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99+Joint Favorable