General Assembly Committee Bill No. 38
January Session, 2017 LCO No. 5767
*05767SB00038PH_*
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
General Assembly
Committee Bill No. 38
January Session, 2017
LCO No. 5767
*05767SB00038PH_*
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT CONCERNING THE PROVISION OF SERVICES TO PERSONS WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective July 1, 2017) On and after July 1, 2017, the Department of Developmental Services shall require the following information from a potential provider of direct care services in any request for proposal for the privatization of an existing department facility or service:
(1) A plan for the continuity of care of individuals who receive any department service that is being privatized;
(2) An accounting of how the provider will maintain the same level of service and staffing provided by the department;
(3) The qualifications, training and number of staff at the time of the submission of the request for proposal, including, but not limited to, the following:
(A) A list of certifications required for all provider staff involved in direct care services;
(B) The type and number of hours of training provided by the provider to staff involved in direct care services;
(C) The average length of employment for the provider's staff involved in direct care services; and
(D) A list of individuals or entities with whom the provider has contracts for the provision of direct care services on behalf of the provider;
(4) Number of full-time and part-time employees expected to be employed by the provider under the request for proposal; and
(5) The number and type of any safety or security incidents experienced by the provider in the two-year period preceding the date of submission of the request for proposal at each direct care facility operated by the provider.
Sec. 2. (NEW) (Effective July 1, 2017) For any residential facility operated by the Department of Developmental Services that is privatized on or after July 1, 2017, the department shall (1) continue to provide staff at any facility that has one or more clients who have an average level of need score that is six or higher, during all hours of operation, with at least one direct care worker who has experience working with such clients for a period of not less than one year after the department's decision to privatize the residential facility, (2) require in any request for proposal for a private provider that operates a residential facility that the private provider maintains the same staffing ratio of direct care workers to clients as the average staffing ratio of direct care workers to clients that existed in the two-year period prior to the department's privatization of such facility, and (3) require in any request for proposal for a private provider that all clients receive the same level of services, including, but not limited to, nursing, direct care, physical, occupational and recreational therapy, that such clients received from the department in the two-year period prior to privatization of such facility. The costs associated with staffing any facility under subdivision (1) of this section shall be paid directly by the department and may not be passed on to any private provider through a deduction in the amount of moneys paid to such provider in accordance with an award made pursuant to a request for proposal issued by the department. The department shall publish on its Internet web site the staffing ratios and hours of any private residential facility that provides services under subdivision (2) of this section, as reported to the department by such facility.
Sec. 3. (NEW) (Effective July 1, 2017) On and after July 1, 2017, the Department of Developmental Services, in collaboration with the Department of Public Health, shall conduct on a biannual basis random and unannounced inspections of all privatized facilities to monitor adherence to minimum staffing and services levels required under the award issued by the Department of Developmental Services to the private provider pursuant to said department's request for proposal.
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2017 New section
Sec. 2 July 1, 2017 New section
Sec. 3 July 1, 2017 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2017
New section
Sec. 2
July 1, 2017
New section
Sec. 3
July 1, 2017
New section
Statement of Purpose:
To prevent disruption of services to persons with an intellectual or developmental disability.
[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.]
Co-Sponsors: SEN. GERRATANA, 6th Dist.; REP. RILEY, 46th Dist.
Co-Sponsors:
SEN. GERRATANA, 6th Dist.; REP. RILEY, 46th Dist.
S.B. 38