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Connecticut Senate Bill SB00797

Connecticut 2017 Regular Session

Connecticut Senate Bill SB00797 Compare Versions

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11 General Assembly Governor's Bill No. 797
22 January Session, 2017 LCO No. 3793
33 *03793__________*
44 Referred to Committee on PUBLIC HEALTH
55 Introduced by:
66 SEN. LOONEY, 11th Dist. SEN. DUFF, 25th Dist. REP. ARESIMOWICZ, 30th Dist. REP. RITTER M., 1st Dist.
77
88 General Assembly
99
1010 Governor's Bill No. 797
1111
1212 January Session, 2017
1313
1414 LCO No. 3793
1515
1616 *03793__________*
1717
1818 Referred to Committee on PUBLIC HEALTH
1919
2020 Introduced by:
2121
2222 SEN. LOONEY, 11th Dist.
2323
2424 SEN. DUFF, 25th Dist.
2525
2626 REP. ARESIMOWICZ, 30th Dist.
2727
2828 REP. RITTER M., 1st Dist.
2929
3030 AN ACT IMPLEMENTING THE GOVERNOR'S BUDGET RECOMMENDATIONS FOR PUBLIC HEALTH PROGRAMS.
3131
3232 Be it enacted by the Senate and House of Representatives in General Assembly convened:
3333
3434 Section 1. Section 19a-527 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
3535
3636 Citations issued pursuant to section 19a-524 for violations of statutory or regulatory requirements shall be classified according to the nature of the violation and shall state such classification and the amount of the civil penalty to be imposed on the face thereof. The Commissioner of Public Health shall, by regulation in accordance with chapter 54, classify [violations] each of the statutory and regulatory requirements set forth in section 19a-524 for which a violation may result in a citation as follows:
3737
3838 [(a)] (1) Class A violations are conditions that the Commissioner of Public Health determines present an immediate danger of death or serious harm to any patient in the nursing home facility or residential care home. For each class A violation, a civil penalty of not more than [five] twenty thousand dollars may be imposed; and
3939
4040 [(b)] (2) Class B violations are conditions that the Commissioner of Public Health determines present a [probability of] potential for death or serious harm in the reasonably foreseeable future to any patient in the nursing home facility or residential care home, but that he or she does not find constitute a class A violation. For each such violation, a civil penalty of not more than [three] ten thousand dollars may be imposed.
4141
4242 Sec. 2. (NEW) (Effective July 1, 2017) (a) Definitions. As used in this section:
4343
4444 (1) "Commissioner" means the Commissioner of Public Health, or the commissioner's designee;
4545
4646 (2) "Community public water system" means a public water system that regularly serves at least twenty-five year-round residents;
4747
4848 (3) "Consumer" has the same meaning as provided in section 25-32a of the general statutes;
4949
5050 (4) "Department" means the Department of Public Health;
5151
5252 (4) "Nontransient noncommunity public water system" means a public water system that is not a community public water system and that regularly serves at least twenty-five of the same persons over six months per year;
5353
5454 (5) "Public water system" means a water company that supplies drinking water to fifteen or more consumers or twenty-five or more persons daily at least sixty days of the year; and
5555
5656 (6) "Water company" has the same meaning as provided in section 25-32a of the general statutes.
5757
5858 (b) On or after July 1, 2018, no community public water system or nontransient noncommunity public water system may provide drinking water to the public unless the water company that owns such system has obtained a license to operate from the commissioner in accordance with the schedule established pursuant to subsection (c) of this section.
5959
6060 (c) The commissioner shall, in consultation with the Secretary of the Office of Policy and Management, establish a staggered license application system for community public water systems and nontransient noncommunity public water systems. Upon receipt of an application for an initial license to operate a community public water system or a nontransient noncommunity public water system made by the water company that owns such system, along with the required fee in accordance with subsection (g) of this section, the commissioner shall issue such license to operate to a water company if the water company that owns such community public water system or nontransient noncommunity public water system meets the requirements established under this section. The application shall be signed under oath by the owner of the water company or the person authorized to act on behalf of the owner and shall contain a notice that false statements made therein are punishable in accordance with section 53a-157b of the general statutes. Such community public water system or nontransient noncommunity public water system license to operate shall be in effect for two years.
6161
6262 (d) The commissioner shall renew a license to operate a community public water system or nontransient noncommunity public water system once every two years, upon receipt of the renewal application and required fee from the water company that owns such system.
6363
6464 (e) The commissioner may deny an application for, or may suspend or revoke, a water company's license to operate a community public water system or nontransient noncommunity public water system for: (1) Failure to comply with federal or state statutes and regulations applicable to water companies; (2) material misstatement of fact made on the initial or renewal application; or (3) imminent threat to public health with respect to such public water system as determined by the commissioner. A hearing shall be held in accordance with the provisions of chapter 54 of the general statutes before the commissioner may suspend or revoke a water company's license to operate a community public water system or nontransient noncommunity public water system.
6565
6666 (f) Any change in ownership of the community public water system or nontransient noncommunity public water system for which the water company has a license to operate shall require a new license to operate in accordance with this section.
6767
6868 (g) The commissioner, in consultation with the Secretary of the Office of Policy and Management, shall publish on the department's Internet web site the fees for a license to operate a community public water system and a nontransient noncommunity public water system. The fee for a license to operate a community public water system shall be based on the number of service connections of the community public water system. A water company applying for a license to operate a community public water system may collect the fee for such license from the consumers of the water company's community public water system. The amount collected by the water company from an individual consumer shall be a pro rata share of the fee for such license based on the amount of water consumed by the consumer.
6969
7070 (h) Any water company that fails to pay the fee for a license to operate a community public water system or nontransient noncommunity public water system shall be assessed a civil penalty under the provisions of section 25-32e of the general statutes.
7171
7272 (i) The commissioner may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to carry out the provisions of this section.
7373
7474 (j) State agencies shall be exempt from the requirements of this section.
7575
7676 Sec. 3. (NEW) (Effective July 1, 2017) (a) For purposes of this section:
7777
7878 (1) "Outpatient clinic" means an organization operated by a municipality or a corporation, other than a hospital, that provides (A) ambulatory medical care, including preventive and health promotion services, (B) dental care, or (C) mental health services in conjunction with medical or dental care for the purpose of diagnosing or treating a health condition that does not require the patient's overnight care; and
7979
8080 (2) "Urgent care center" means a free-standing facility, distinguished from an emergency department setting, that is licensed as an outpatient clinic under section 19a-491 of the general statutes, as amended by this act, and that (A) provides treatment of medical conditions that do not require critical or emergent intervention for a life-threatening or potentially permanent disabling condition, (B) offers treatment of such conditions without requiring an appointment, and (C) provides services during times of the day, weekends or holidays when primary care provider offices are not customarily open to patients.
8181
8282 (b) On or after April 1, 2018, no person acting individually or jointly with any other person shall establish, conduct, operate or maintain an urgent care center without obtaining a license as an outpatient clinic under section 19a-491 of the general statutes, as amended by this act, from the Department of Public Health.
8383
8484 (c) The Commissioner of Public Health may implement policies and procedures as necessary to carry out the provisions of this section while in the process of adopting the policies and procedures as regulations, provided notice of intent to adopt the regulations is published in accordance with the provisions of chapter 54 of the general statutes.
8585
8686 (d) The Commissioner of Social Services may establish rates of payment to providers practicing in urgent care centers. The Commissioner of Social Services may implement policies and procedures as necessary to carry out the provisions of this section while in the process of adopting the policies and procedures as regulations, provided notice of intent to adopt the regulations is published in accordance with the provisions of section 17b-10 of the general statutes not later than twenty days after the date of implementation.
8787
8888 Sec. 4. Subsection (e) of section 19a-491 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
8989
9090 (e) The commissioner shall charge one thousand dollars for the licensing and inspection every [four] three years of outpatient clinics that provide either medical or mental health service, urgent care services and well-child [clinics] clinical services, except those operated by municipal health departments, health districts or licensed nonprofit nursing or community health agencies.
9191
9292 Sec. 5. Subsection (a) of section 4-61aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
9393
9494 (a) For purposes of this section, "state Americans with Disabilities Act coordinator" means the person appointed by the Governor to coordinate state compliance with the federal Americans with Disabilities Act of 1990. There is established a committee to advise the state Americans with Disabilities Act coordinator. The state Americans with Disabilities Act coordinator shall appoint the members of the committee, which shall be chaired by said coordinator, or his designee, and include at least one representative of each of the following:
9595
9696 (1) The Board of Education and Services to the Blind;
9797
9898 (2) The Commission on the Deaf and Hearing Impaired;
9999
100100 (3) The Department of Rehabilitation Services;
101101
102102 [(4) The Office of Protection and Advocacy for Persons with Disabilities;]
103103
104104 [(5)] (4) The Department of Mental Health and Addiction Services;
105105
106106 [(6)] (5) The Department of Developmental Services;
107107
108108 [(7)] (6) The Labor Department;
109109
110110 [(8)] (7) The Department of Administrative Services; and
111111
112112 [(9)] (8) The Commission on Human Rights and Opportunities.
113113
114114 Sec. 6. Section 8-119x of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
115115
116116 The Commissioner of Housing shall, in consultation with the Department of Social Services, the State Building Inspector, [the Office of Protection and Advocacy for Persons with Disabilities,] the Department of Administrative Services and the Office of Policy and Management, establish a state-wide electronic database of information on the availability of dwelling units in the state which are accessible to or adaptable for persons with disabilities. To the extent practicable, such database shall include such information as: (1) The location of, the monthly rent for and the number of bedrooms in each such dwelling unit, (2) the type of housing and neighborhood in which each such dwelling unit is located, (3) the vacancy status of each such dwelling unit, (4) if a unit is unavailable, the date such unit is expected to become available or the date when a waiting list is expected to open, and (5) any feature of each such unit that makes it accessible to or adaptable for persons with disabilities.
117117
118118 Sec. 7. Subsection (a) of section 8-218h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
119119
120120 (a) There is established a task force consisting of the cochairmen and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to public safety; the State Building Inspector or his or her designee; [the assistant director of the Office of Protection and Advocacy for Persons with Disabilities;] four representatives of the Home Builders Association, one of whom shall be appointed by the president pro tempore of the Senate, one by the minority leader of the Senate, one by the speaker of the House of Representatives and one by the minority leader of the House of Representatives; and four members of the public having physical disabilities, two of whom shall be appointed by the Governor, one by the majority leader of the Senate and one by the majority leader of the House of Representatives. On and after July 1, 1990, the task force shall also consist of the Commissioner of Social Services, or his or her designee; an additional representative of the Home Builders Association, who shall be appointed jointly by the ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to public safety; and an additional member of the public having a physical disability, who shall be appointed jointly by the cochairpersons of said joint standing committee. On and after June 26, 1991, the task force shall also consist of the Commissioner of Economic and Community Development, or his or her designee, and a representative of each community housing development corporation administering the program established under subsection (d) of section 8-218, appointed by the Commissioner of Economic and Community Development. On and after July 1, 2013, the task force shall also consist of the Commissioner of Housing, or his or her designee.
121121
122122 Sec. 8. Section 9-168d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
123123
124124 (a) On or before July 1, 1980, each polling place shall be made accessible to and usable by physically disabled persons by complying with the following standards of accessibility: (1) Doors, entrances, and exits used to gain access to or egress from the polling place shall have a minimum width of thirty-one inches; (2) temporary ramps shall be made available or curb cuts provided where necessary for accessibility to the entrance; (3) any stairs necessarily used to enter the polling place shall have a temporary handrail and ramp; (4) in the polling place, no barrier shall impede the path of the physically disabled to the voting booth.
125125
126126 (b) The registrars of voters in each town, or the legislative body of the town, shall select as polling places only those sites which meet the standards of accessibility required under the State Building Code, as revised pursuant to section 29-269, as amended by this act, if applicable, or this section. The registrars of voters in each town shall file with the Secretary of the State either: (1) A certification, as prescribed by the Secretary of the State, that states that each polling place selected complies with the provisions set forth in this subsection, or (2) an application for waiver, as described in subsection (c) of this section.
127127
128128 (c) The registrars or such legislative body may select a site not meeting such standards if no available site within the voting district or town can reasonably be made accessible if an application for waiver is filed with, and approved by, the Secretary of the State. [and approved by the Office of Protection and Advocacy for Persons with Disabilities.] An application for waiver shall be filed at least sixty days prior to the date on which the primary or election will be held. [The Secretary of the State shall, within seven days after receipt of any such application, refer the application to said office of protection and advocacy. Said office shall, within thirty days, review the application and inform the Secretary of the State of its approval or disapproval. The Secretary of the State shall notify the applicant for waiver of such approval or disapproval within seven days after the secretary is so informed.] The Secretary of the State shall, not later than thirty days after the waiver application is filed, approve or disapprove the application and shall notify the applicant of the waiver of such approval or disapproval within seven days after the secretary has made such approval or disapproval.
129129
130130 Sec. 9. Subsection (a) of section 10-76i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
131131
132132 (a) There shall be an Advisory Council for Special Education which shall advise the General Assembly, State Board of Education and the Commissioner of Education, and which shall engage in such other activities as described in this section. On and after July 1, 2012, the advisory council shall consist of the following members: (1) Nine appointed by the Commissioner of Education, (A) six of whom shall be (i) the parents of children with disabilities, provided such children are under the age of twenty-seven, or (ii) individuals with disabilities, (B) one of whom shall be an official of the Department of Education, (C) one of whom shall be a state or local official responsible for carrying out activities under Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act, 42 USC 11431 et seq., as amended from time to time, and (D) one of whom shall be a representative of an institution of higher education in the state that prepares teacher and related services personnel; (2) one appointed by the Commissioner of Developmental Services who shall be an official of the department; (3) one appointed by the Commissioner of Children and Families who shall be an official of the department; (4) one appointed by the Commissioner of Correction who shall be an official of the department; [(5) the director of the Office of Protection and Advocacy for Persons with Disabilities, or the director's designee; (6)] (5) one appointed by the director of the Parent Leadership Training Institute within the Commission on Women, Children and Seniors who shall be (A) the parent of a child with a disability, provided such child is under the age of twenty-seven, or (B) an individual with a disability; [(7)] (6) a representative from the parent training and information center for Connecticut established pursuant to the Individuals With Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time; [(8)] (7) the Commissioner of Rehabilitation Services, or the commissioner's designee; [(9)] (8) five who are members of the General Assembly who shall serve as nonvoting members of the advisory council, one appointed by the speaker of the House of Representatives, one appointed by the majority leader of the House of Representatives, one appointed by the minority leader of the House of Representatives, one appointed by the president pro tempore of the Senate and one appointed by the minority leader of the Senate; [(10)] (9) one appointed by the president pro tempore of the Senate who shall be a member of the Connecticut Speech-Language-Hearing Association; [(11)] (10) one appointed by the majority leader of the Senate who shall be a public school teacher; [(12)] (11) one appointed by the minority leader of the Senate who shall be a representative of a vocational, community or business organization concerned with the provision of transitional services to children with disabilities; [(13)] (12) one appointed by the speaker of the House of Representatives who shall be a member of the Connecticut Council of Special Education Administrators and who is a local education official; [(14)] (13) one appointed by the majority leader of the House of Representatives who shall be a representative of charter schools; [(15)] (14) one appointed by the minority leader of the House of Representatives who shall be a member of the Connecticut Association of Private Special Education Facilities; [(16)] (15) one appointed by the Chief Court Administrator of the Judicial Department who shall be an official of such department responsible for the provision of services to adjudicated children and youth; [(17)] (16) seven appointed by the Governor, all of whom shall be (A) the parents of children with disabilities, provided such children are under the age of twenty-seven, or (B) individuals with disabilities; and [(18)] (17) such other members as required by the Individuals with Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time, appointed by the Commissioner of Education. Appointments made pursuant to the provisions of this section shall be representative of the ethnic and racial diversity of, and the types of disabilities found in, the state population. The terms of the members of the council serving on June 8, 2010, shall expire on June 30, 2010. Appointments shall be made to the council by July 1, 2010. Members shall serve two-year terms, except that members appointed pursuant to subdivisions (1) to (3), inclusive, of this subsection whose terms commenced July 1, 2010, shall serve three-year terms and the successors to such members appointed pursuant to subdivisions (1) to (3), inclusive, of this subsection shall serve two-year terms.
133133
134134 Sec. 10. Subsection (n) of section 10-236b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
135135
136136 (n) If the use of such restraint or seclusion results in physical injury to the student, the local or regional board of education, and each institution or facility operating under contract with a local or regional board of education pursuant to subsection (d) of section 10-76d that provides special education for children, including any approved private special education program, shall report the incident to the State Board of Education, which shall include such incident in the report required pursuant to subsection (k) of this section. The State Board of Education shall report any incidence of serious injury or death to the [director of the Office of Protection and Advocacy for Persons with Disabilities and, if appropriate, to the] Child Advocate of the Office of the Child Advocate, if appropriate.
137137
138138 Sec. 11. Subsection (b) of section 17a-4a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
139139
140140 (b) The Children's Behavioral Health Advisory Committee shall be composed of the following ex-officio voting members: (1) The Commissioner of Children and Families or the commissioner's designee; (2) the Commissioner of Social Services or the commissioner's designee; (3) the executive director of the Children's Health Council or said director's designee; (4) the Chief Court Administrator or said administrator's designee; (5) the Commissioner of Education or the commissioner's designee; (6) the Commissioner of Mental Health and Addiction Services or the commissioner's designee; (7) the Commissioner of Developmental Services or the commissioner's designee; [(8) the executive director of the Office of Protection and Advocacy for Persons with Disabilities or the director's designee;] and the following public members: (A) Two members appointed by the Governor, one of whom shall be a parent of a child who receives behavioral health services and one of whom shall be a provider of behavioral health services; (B) six members, one of whom shall be appointed by the president pro tempore of the Senate, one of whom shall be appointed by the speaker of the House of Representatives, one of whom shall be appointed by the majority leader of the Senate, one of whom shall be appointed by the majority leader of the House of Representatives, one of whom shall be appointed by the minority leader of the Senate and one of whom shall be appointed by the minority leader of the House of Representatives, and all of whom shall be knowledgeable on issues relative to children in need of behavioral health services and family supports; and (C) sixteen members appointed by the Commissioner of Children and Families. The membership of the advisory committee shall fairly and adequately represent parents of children who have a serious emotional disturbance. At least fifty-one per cent of the members of the advisory committee shall be persons who are parents or relatives of a child who has or had a serious emotional disturbance or persons who had a serious emotional disturbance as children and no more than half the members of the committee shall be persons who receive income from a private practice or any public or private agency that delivers behavioral health services.
141141
142142 Sec. 12. Section 17a-210 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
143143
144144 (a) There shall be a Department of Developmental Services. The Department of Developmental Services, with the advice of a Council on Developmental Services, shall be responsible for the planning, development and administration of complete, comprehensive and integrated state-wide services for persons with intellectual disability and persons medically diagnosed as having Prader-Willi syndrome. The Department of Developmental Services shall be under the supervision of a Commissioner of Developmental Services, who shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive. The Council on Developmental Services may advise the Governor on the appointment. The commissioner shall be a person who has background, training, education or experience in administering programs for the care, training, education, treatment and custody of persons with intellectual disability. The commissioner shall be responsible, with the advice of the council, for: (1) Planning and developing complete, comprehensive and integrated state-wide services for persons with intellectual disability; (2) the implementation and where appropriate the funding of such services; and (3) the coordination of the efforts of the Department of Developmental Services with those of other state departments and agencies, municipal governments and private agencies concerned with and providing services for persons with intellectual disability. The commissioner shall be responsible for the administration and operation of the state training school, state developmental services regions and all state-operated community-based residential facilities established for the diagnosis, care and training of persons with intellectual disability. The commissioner shall be responsible for establishing standards, providing technical assistance and exercising the requisite supervision of all state-supported residential, day and program support services for persons with intellectual disability and work activity programs operated pursuant to section 17a-226. The commissioner shall stimulate research by public and private agencies, institutions of higher education and hospitals, in the interest of the elimination and amelioration of intellectual disability and care and training of persons with intellectual disability. The commissioner shall conduct or monitor investigations into allegations of abuse and neglect and file reports as requested by state agencies having statutory responsibility for the conduct and oversight of such investigations. The commissioner shall receive and investigate complaints from persons with intellectual disabilities and persons receiving services from the Department of Social Services' Division of Autism Spectrum Disorder Services, parents or legal representatives of such persons or from any other interested person. In the event of the death of a person with intellectual disability for whom the department has direct or oversight responsibility for medical care, the commissioner shall ensure that a comprehensive and timely review of the events, overall care, quality of life issues and medical care preceding such death is conducted by the department and shall, as requested, provide information and assistance to the Independent Mortality Review Board established by Executive Order No. [25] 42 of Governor [John G. Rowland] M. Jodi Rell. The commissioner shall report to the board and the board shall review any death: (A) Involving an allegation of abuse or neglect; (B) for which the Office of the Chief Medical Examiner or local medical examiner has accepted jurisdiction; (C) in which an autopsy was performed; (D) which was sudden and unexpected; or (E) in which the commissioner's review raises questions about the appropriateness of care. The department's mortality review process and the Independent Mortality Review Board shall operate in accordance with the peer review provisions established under section 19a-17b for medical review teams and confidentiality of records provisions established under section 19a-25 for the Department of Public Health.
145145
146146 (b) The commissioner shall be responsible for the development of criteria as to the eligibility of any person with intellectual disability for residential care in any public or state-supported private [institution] facility and, after considering the recommendation of a properly designated diagnostic agency, may assign such person to a public or state-supported private [institution] facility. The commissioner may transfer such persons from one such [institution] facility to another when necessary and desirable for their welfare, provided such person and such person's parent [, conservator, guardian or other] or legal representative receive written notice of their right to object to such transfer at least ten days prior to the proposed transfer of such person from any such [institution or] facility. Such prior notice shall not be required when transfers are made between residential units within the training school or a state developmental services region or when necessary to avoid a serious and immediate threat to the life or physical or mental health of such person or others residing in such [institution or] facility. The notice required by this subsection shall notify the recipient of his or her right to object to such transfer, except in the case of an emergency transfer as provided in this subsection, and shall include the name, address and telephone number of the [Office of Protection and Advocacy for Persons with Disabilities] nonprofit entity designated by the Governor in accordance with section 46a-10b, as amended by this act, to serve as the Connecticut protection and advocacy system. In the event of an emergency transfer, the notice required by this subsection shall notify the recipient of his or her right to request a hearing in accordance with subsection (c) of this section and shall be given within ten days following the emergency transfer. In the event of an objection to the proposed transfer, the commissioner shall conduct a hearing in accordance with subsection (c) of this section and the transfer shall be stayed pending final disposition of the hearing, provided no such hearing shall be required if the commissioner withdraws such proposed transfer.
147147
148148 (c) Any person with intellectual disability who is eighteen years of age or older and who resides at any [institution or] facility operated by the Department of Developmental Services, or the parent [, guardian, conservator] or other legal representative of any person with intellectual disability who resides at any such [institution or] facility, may object to any transfer of such person from one [institution or] facility to another for any reason other than a medical reason or an emergency, or may request such a transfer. In the event of any such objection or request, the commissioner shall conduct a hearing on such proposed transfer, provided no such hearing shall be required if the commissioner withdraws such proposed transfer. In any such transfer hearing, the proponent of a transfer shall have the burden of showing, by clear and convincing evidence, that the proposed transfer is in the best interest of the resident being considered for transfer and that the facility and programs to which transfer is proposed (1) are safe and effectively supervised and monitored, and (2) provide a greater opportunity for personal development than the resident's present setting. Such hearing shall be conducted in accordance with the provisions of chapter 54.
149149
150150 (d) Any person with intellectual disability, or the parent [, guardian, conservator] or other legal representative of such person, may request a hearing for any final determination by the department that denies such person eligibility for programs and services of the department. A request for a hearing shall be made in writing to the commissioner. Such hearing shall be conducted in accordance with the provisions of chapter 54.
151151
152152 (e) Any person with intellectual disability, or the parent [, guardian, conservator] or other legal representative of such person, may request a hearing to contest the priority assignment made by the department for persons seeking residential placement, residential services or residential support. A request for hearing shall be made, in writing, to the commissioner. Such hearing shall be conducted in accordance with the provisions of chapter 54.
153153
154154 (f) Any person with intellectual disability or the parent [, guardian, conservator] or other legal representative of such person, may object to (1) a proposed approval by the department of a program for such person that includes the use of behavior-modifying medications or aversive procedures, or (2) a proposed determination of the department that community placement is inappropriate for such person placed under the direction of the commissioner. The department shall provide written notice of any such proposed approval or determination to the person, or to the parent [, guardian, conservator] or other legal representative of such person, at least ten days prior to making such approval or determination. In the event of an objection to such proposed approval or determination, the commissioner shall conduct a hearing in accordance with the provisions of chapter 54, provided no such hearing shall be required if the commissioner withdraws such proposed approval or determination.
155155
156156 Sec. 13. Subsection (a) of section 17a-215d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
157157
158158 (a) There is established the Autism Spectrum Disorder Advisory Council. The council shall consist of the following members: (1) The Commissioner of Social Services, or the commissioner's designee; (2) the Commissioner of Children and Families, or the commissioner's designee; (3) the Commissioner of Education, or the commissioner's designee; (4) the Commissioner of Mental Health and Addiction Services, or the commissioner's designee; (5) the Commissioner of Public Health, or the commissioner's designee; (6) the Commissioner of Rehabilitation Services, or the commissioner's designee; (7) the Commissioner of Developmental Services, or the commissioner's designee; (8) the Commissioner of Early Childhood, or the commissioner's designee; (9) the Secretary of the Office of Policy and Management, or the secretary's designee; [(10) the executive director of the Office of Protection and Advocacy for Persons with Disabilities, or the executive director's designee; (11)] (10) two persons with autism spectrum disorder, one each appointed by the Governor and the speaker of the House of Representatives; [(12)] (11) two persons who are parents or guardians of a child with autism spectrum disorder, one each appointed by the Governor and the minority leader of the Senate; [(13)] (12) two persons who are parents or guardians of an adult with autism spectrum disorder, one each appointed by the president pro tempore of the Senate and the majority leader of the House of Representatives; [(14)] (13) two persons who are advocates for persons with autism spectrum disorder, one each appointed by the Governor and the speaker of the House of Representatives; [(15)] (14) two persons who are licensed professionals working in the field of autism spectrum disorder, one each appointed by the Governor and the majority leader of the Senate; [(16)] (15) two persons who provide services for persons with autism spectrum disorder, one each appointed by the Governor and the minority leader of the House of Representatives; [(17)] (16) two persons who shall be representatives of an institution of higher education in the state with experience in the field of autism spectrum disorder, one each appointed by the Governor and the president pro tempore of the Senate; and [(18)] (17) one person who is a physician who treats or diagnoses persons with autism spectrum disorder, appointed by the Governor.
159159
160160 Sec. 14. Subsection (a) of section 17a-219c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
161161
162162 (a) There is established a Family Support Council to assist the Department of Developmental Services and other state agencies that administer or fund family support services to act in concert and, within available appropriations, to (1) establish a comprehensive, coordinated system of family support services, (2) use existing state and other resources efficiently and effectively as appropriate for such services, (3) identify and address services that are needed for families of children with disabilities, and (4) promote state-wide availability of such services. The council shall consist of [twenty-seven] twenty-six voting members including the Commissioners of Public Health, Developmental Services, Children and Families, Education and Social Services, or their designees, the Child Advocate or the Child Advocate's designee, [the executive director of the Office of Protection and Advocacy for Persons with Disabilities or the executive director's designee,] the chairperson of the State Interagency Birth-to-Three Coordinating Council, established pursuant to section 17a-248b, or the chairperson's designee, the executive director of the Commission on Women, Children and Seniors or the executive director's designee, and family members of, or individuals who advocate for, children with disabilities. The family members or individuals who advocate for children with disabilities shall comprise two-thirds of the council and shall be appointed as follows: Six by the Governor, three by the president pro tempore of the Senate, two by the majority leader of the Senate, one by the minority leader of the Senate, three by the speaker of the House of Representatives, two by the majority leader of the House of Representatives and one by the minority leader of the House of Representatives. All appointed members serving on or after October 5, 2009, including members appointed prior to October 5, 2009, shall serve in accordance with the provisions of section 4-1a. Members serving on or after October 5, 2009, including members appointed prior to October 5, 2009, shall serve no more than eight consecutive years on the council. The council shall meet at least quarterly and shall select its own chairperson. Council members shall serve without compensation but shall be reimbursed for necessary expenses incurred. The costs of administering the council shall be within available appropriations in accordance with this section and sections 17a-219a and 17a-219b.
163163
164164 Sec. 15. Subsection (a) of section 17a-232 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
165165
166166 (a) An application to appoint a receiver for a residential facility for persons with intellectual disability may be filed in the Superior Court by the Commissioner of Developmental Services. [or the director of the Office of Protection and Advocacy for Persons with Disabilities.] A resident of the facility or the resident's legally liable relative, conservator, or guardian may file a written complaint with the Commissioner of Developmental Services specifying conditions at the facility which warrant an application to appoint a receiver. If the Commissioner of Developmental Services fails to resolve the complaint within forty-five days of its receipt or, in the case of a facility which intends to close, within seven days of its receipt, the person who filed the complaint may file an application in the Superior Court for the appointment of a receiver for the facility. The court shall immediately notify the Attorney General of the application. The court shall hold a hearing not later than ten days after the date the application is filed. Notice of the hearing shall be given to the owner of the facility or the owner's agent for service of process not less than five days prior to the hearing. The notice shall be posted by the court in a conspicuous place inside the facility for not less than three days prior to the hearing.
167167
168168 Sec. 16. Subsection (b) of section 17a-247f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
169169
170170 (b) (1) The Commissioner of Developmental Services, or the Commissioner's designee, may investigate any reports alleging abuse or neglect of an individual who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services. Such investigation shall include a visit to the residence of the individual reported to have been abused or neglected and consultation with persons having knowledge of the facts surrounding such allegation. All state, local and private agencies shall have a duty to cooperate with any such investigation, including the release of complete records of such individual for review, inspection and copying, except where such individual refuses to permit his or her record to be released. All such records shall be kept confidential by the Department of Developmental Services.
171171
172172 (2) Upon completion of the investigation of each case, the Commissioner of Developmental Services, or the commissioner's designee, shall prepare written findings that shall include a determination as to whether abuse or neglect has occurred and recommendations as to whether protective services are needed. The Commissioner of Developmental Services, or the commissioner's designee, except in cases where the parent or [guardian] legal representative of the individual reported to be abused or neglected is the alleged perpetrator of abuse or neglect or is residing with the alleged perpetrator, shall notify the parents or [guardian,] legal representative, if any, of such individual if a report of abuse or neglect is made that the department determines warrants investigation. The Commissioner of Developmental Services, or the commissioner's designee, shall provide the parents or [guardians] legal representatives who the Commissioner of Developmental Services, or the commissioner's designee, determines are entitled to such information with further information upon request. The person making the allegation of abuse or neglect [and the Director of the Office of Protection and Advocacy for Persons with Disabilities] shall be notified of the findings resulting from the investigation, upon such person's request.
173173
174174 (3) Neither the original allegation of abuse or neglect nor the investigation report of the investigator that includes findings and recommendations shall be deemed a public record for purposes of section 1-210. The name of the person making the original allegation shall not be disclosed to any person unless the person making the original allegation consents to such disclosure or unless a judicial proceeding results therefrom.
175175
176176 Sec. 17. Section 17a-248 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
177177
178178 As used in this section and sections 17a-248b to 17a-248g, inclusive, 38a-490a and 38a-516a, unless the context otherwise requires:
179179
180180 (1) "Commissioner" means the Commissioner of Early Childhood.
181181
182182 (2) "Council" means the State Interagency Birth-to-Three Coordinating Council established pursuant to section 17a-248b.
183183
184184 (3) "Early intervention services" means early intervention services, as defined in 34 CFR Part 303.13, as from time to time amended.
185185
186186 (4) "Eligible children" means children from birth to thirty-six months of age, who are not eligible for special education and related services pursuant to sections 10-76a to 10-76h, inclusive, and who need early intervention services because such children are:
187187
188188 (A) Experiencing a significant developmental delay as measured by standardized diagnostic instruments and procedures, including informed clinical opinion, in one or more of the following areas: (i) Cognitive development; (ii) physical development, including vision or hearing; (iii) communication development; (iv) social or emotional development; or (v) adaptive skills; or
189189
190190 (B) Diagnosed as having a physical or mental condition that has a high probability of resulting in developmental delay.
191191
192192 (5) "Evaluation" means a multidisciplinary professional, objective assessment conducted by appropriately qualified personnel in order to determine a child's eligibility for early intervention services.
193193
194194 (6) "Individualized family service plan" means a written plan for providing early intervention services to an eligible child and the child's family.
195195
196196 (7) "Lead agency" means the Office of Early Childhood, the public agency responsible for the administration of the birth-to-three system in collaboration with the participating agencies.
197197
198198 (8) "Parent" means (A) a biological, adoptive or foster parent of a child; (B) a guardian, except for the Commissioner of Children and Families; (C) an individual acting in the place of a biological or adoptive parent, including, but not limited to, a grandparent, stepparent, or other relative with whom the child lives; (D) an individual who is legally responsible for the child's welfare; or (E) an individual appointed to be a surrogate parent.
199199
200200 (9) "Participating agencies" includes, but is not limited to, the Departments of Education, Social Services, Public Health, Children and Families and Developmental Services, the Office of Early Childhood, the Insurance Department [,] and the Department of Rehabilitation Services. [and the Office of Protection and Advocacy for Persons with Disabilities.]
201201
202202 (10) "Qualified personnel" means persons who meet the standards specified in 34 CFR Part 303.31, as from time to time amended, and who are licensed physicians or psychologists or persons holding a state-approved or recognized license, certificate or registration in one or more of the following fields: (A) Special education, including teaching of the blind and the deaf; (B) speech and language pathology and audiology; (C) occupational therapy; (D) physical therapy; (E) social work; (F) nursing; (G) dietary or nutritional counseling; and (H) other fields designated by the commissioner that meet requirements that apply to the area in which the person is providing early intervention services, provided there is no conflict with existing professional licensing, certification and registration requirements.
203203
204204 (11) "Service coordinator" means a person carrying out service coordination services, as defined in 34 CFR Part 303.34, as from time to time amended.
205205
206206 (12) "Primary care provider" means physicians and advanced practice registered nurses, licensed by the Department of Public Health, who are responsible for performing or directly supervising the primary care services for children enrolled in the birth-to-three program.
207207
208208 Sec. 18. Section 17a-274 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
209209
210210 (a) Any court of probate shall have the power to place any person residing in its district whom it finds to be a person with intellectual disability with the Department of Developmental Services for placement in any appropriate setting which meets the person's habilitative needs in the least restrictive environment available or which can be created within existing resources of the department, in accordance with the provisions of this section and section 17a-276. No person shall be so placed unless the court has found the person has intellectual disability and (1) is unable to provide for himself or herself at least one of the following: Education, habilitation, care for personal health and mental health needs, meals, clothing, safe shelter or protection from harm; (2) has no family or guardian to care for him or her, or his or her family or guardian can no longer provide adequate care for him or her; (3) is unable to obtain adequate, appropriate services which would enable him or her to receive care, treatment and education or habilitation without placement by a court of probate; and (4) is not willing to be placed under the custody and control of the Department of Developmental Services or its agents or voluntary admission has been sought by the guardian or limited guardian of such person appointed pursuant to chapter 779a or the provisions of sections 45a-711 to 45a-725, inclusive, and such voluntary admission has been opposed by the ward or his or her next of kin.
211211
212212 (b) Application to the Probate Court for placement under this section may be made by any interested party. The application and all records of Probate Court proceedings held as a result of the filing of such application, except for the name of any guardian of the respondent, shall be sealed and shall be made available only to the respondent or the respondent's counsel or guardian, and to the Commissioner of Developmental Services or the commissioner's designee, unless the Probate Court, after hearing held with notice to the respondent or the respondent's counsel or guardian, and to the commissioner or the commissioner's designee, determines that such application and records should be disclosed for cause shown. The application shall allege that the respondent is a person with intellectual disability and (1) is unable to provide for himself or herself at least one of the following: Education, habilitation, care for personal health and mental health needs, meals, clothing, safe shelter or protection from harm; (2) has no family or guardian to care for the respondent or the respondent's family or guardian can no longer provide adequate care for the respondent; (3) is unable to obtain adequate, appropriate services which would enable the respondent to receive care, treatment and education or habilitation without placement by a court of probate; and (4) is not willing to be placed under the custody and control of the Department of Developmental Services or its agents or voluntary admission has been sought by the guardian or limited guardian of the respondent appointed pursuant to chapter 779a or the provisions of sections 45a-711 to 45a-725, inclusive, and such voluntary admission has been opposed by the ward or the ward's next of kin.
213213
214214 (c) Immediately upon the filing of the application, the Probate Court shall assign a time, date and place for a hearing, such hearing to be held not later than thirty business days from the date of receipt of the application. The court shall give notice of the hearing to the respondent, the respondent's guardian or conservator, the respondent's spouse or, if none, the respondent's children or, if none, the respondent's parents or, if none, the respondent's siblings, the Commissioner of Developmental Services, [the director of the Office of Protection and Advocacy for Persons with Disabilities,] and any other person who has shown an interest in the respondent.
215215
216216 (d) Notice to the respondent and Commissioner of Developmental Services shall include: The names of all persons filing the application, the allegations made in the application, the time, date and place of the hearing, and the name, address and telephone number of the attorney who will represent the respondent. The notice shall state the right of the respondent to be present at the hearing, to present evidence, to cross-examine witnesses who testify at the hearing, and to an independent diagnostic and evaluative examination by a licensed psychologist of his own choice, who may testify on his behalf. If the court finds the respondent is indigent, the notice shall further state the respondent may be represented by counsel of his own choosing, and, if the court finds the respondent is indigent, that counsel shall be provided without cost. The reasonable compensation for counsel provided to indigent respondents shall be established by, and paid from funds appropriated to, the Judicial Department, however, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.
217217
218218 (e) Unless the respondent is represented by counsel, the court shall immediately appoint an attorney to represent the respondent from a list of attorneys admitted to practice in this state provided by the Probate Court Administrator in accordance with regulations adopted by the Probate Court Administrator in accordance with section 45a-77. Such attorney may, unless replaced, attend all examinations preceding the hearing and may copy or inspect any and all reports concerning the respondent.
219219
220220 (f) The court shall appoint a licensed psychologist from a panel of psychologists provided by the office of the Probate Court Administrator to examine the respondent. The psychologist shall prepare a report on a form provided by the Probate Court. Such report shall include a statement as to whether the respondent has intellectual disability and an explanation of how the determination was reached. The explanation shall include the results of a psychological assessment within the past year, an interview or observation of the respondent, and an evaluation of adaptive behavior. Such report shall include a statement of the respondent's needs. Duplicate copies of the report shall be filed with the Commissioner of Developmental Services and all attorneys of record not less than five days prior to the date of the hearing. The court shall order the psychologist to appear for cross-examination at the request of the respondent if the respondent makes such request not less than three days prior to the date of the hearing.
221221
222222 (g) If the court, after hearing, finds there is clear and convincing evidence that the respondent has intellectual disability and meets the criteria set out in subsection (a) of this section, the court shall order the respondent placed with the Department of Developmental Services for placement in the least restrictive environment available or which can be created within existing resources of the department.
223223
224224 (h) If, after hearing, the court determines that the respondent's need for placement is so critical as to require immediate placement, the court shall order the respondent to be temporarily placed in the most appropriate available placement. The Department of Developmental Services upon receipt of such order shall place the respondent in such setting and shall proceed according to subsection (i) of this section.
225225
226226 (i) The Department of Developmental Services, upon receipt of an order pursuant to subsection (g) of this section, shall arrange for an interdisciplinary team to evaluate the respondent, determine the respondent's priority needs for [programming] supports and services and determine the least restrictive [environments] environment in which those needs could be met. The Department of Developmental Services shall place the [respondent's name on the waiting list for all facilities which have been identified] respondent as soon as possible. If no placement has become available not later than sixty days after the date that the respondent's [name was placed on the waiting list] need for residential supports and services was determined, the Commissioner of Developmental Services shall so advise the court and shall continue to report to the court every thirty days thereafter until an appropriate placement is available.
227227
228228 (j) Upon receipt of a report under subsection (i) of this section, the Court of Probate, if it determines that the respondent's need is so critical as to require immediate placement, shall order the respondent to be temporarily placed in the most appropriate available placement.
229229
230230 (k) Any person or agency having reasonable cause to believe that a person has intellectual disability and is in need of immediate care and treatment for his or her safety and welfare, which care and treatment is not being provided by his or her family or [guardian] legal representative, shall make a written report to the Commissioner of Developmental Services. The report shall contain the name and address of the person believed to have intellectual disability and be in need of immediate care and treatment, and his or her parent or other person responsible for his or her care, and all evidence forming the basis for such belief and shall be signed and dated by the person making such report. The Commissioner of Developmental Services shall promptly determine whether there is reasonable cause to believe that the person named in the report has intellectual disability and is in need of immediate care and treatment, which care and treatment is not being provided by such person's family or [guardian] legal representative, and if the commissioner so determines, shall assume the care and custody of such person. The commissioner or his designee shall, within twenty-four hours, excluding Saturdays, Sundays and legal holidays, after assuming the care and custody of such person, [(1) notify the Office of Protection and Advocacy for Persons with Disabilities, and (2)] file an application pursuant to subsection (b) of this section in the court of probate for the district in which such person resided prior to emergency placement. The court of probate in which such application is filed shall assign a time and place for a hearing pursuant to subsection (c) of this section.
231231
232232 (l) In the event that any person placed under the provisions of this section is recommended for transfer by the Department of Developmental Services, the department shall proceed as required by subsection (c) of section 17a-210, as amended by this act, and shall in addition notify the probate court which made the placement.
233233
234234 (m) Any person who wilfully files or attempts to file, or conspires with any person to file a fraudulent or malicious application for the placement of any person pursuant to this section, shall be guilty of a class D felony.
235235
236236 (n) For the purposes of this section, (1) "interdisciplinary team" means a group of persons appointed by the Commissioner of Developmental Services, including a social worker, psychologist, nurse, residential programmer, educational or vocational programmer and such other persons as may be appropriate; (2) "intellectual disability" has the same meaning as provided in section 1-1g; (3) "respondent" means a person alleged to be a person with intellectual disability for whom an application for placement has been filed; and (4) "placement" means placement in a community companion home, community living arrangement, group home, regional facility, other residential facility or residential program for persons with intellectual disability.
237237
238238 Sec. 19. Subsection (d) of section 17a-451 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
239239
240240 (d) The commissioner shall coordinate the community programs receiving state funds with programs of state-operated facilities for the treatment of persons with psychiatric disabilities or persons with substance use disorders, or both. [In the event of the death of a person with psychiatric disabilities, who is receiving inpatient behavioral health care services from a Department of Mental Health and Addiction Services operated facility, the commissioner shall report such death to the director of the Office of Protection and Advocacy for Persons with Disabilities not later than thirty days after the date of the death of such person.]
241241
242242 Sec. 20. Subsection (c) of section 17b-337 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
243243
244244 (c) The Long-Term Care Planning Committee shall consist of: (1) The chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to human services, public health, elderly services and long-term care; (2) the Commissioner of Social Services, or the commissioner's designee; (3) one member of the Office of Policy and Management appointed by the Secretary of the Office of Policy and Management; (4) one member from the Department on Aging appointed by the Commissioner on Aging; (5) two members from the Department of Public Health appointed by the Commissioner of Public Health, one of whom is from the Office of Health Care Access division of the department; (6) one member from the Department of Housing appointed by the Commissioner of Housing; (7) one member from the Department of Developmental Services appointed by the Commissioner of Developmental Services; (8) one member from the Department of Mental Health and Addiction Services appointed by the Commissioner of Mental Health and Addiction Services; (9) one member from the Department of Transportation appointed by the Commissioner of Transportation; and (10) one member from the Department of Children and Families appointed by the Commissioner of Children and Families. [; and (11) the executive director of the Office of Protection and Advocacy for Persons with Disabilities or the executive director's designee.] The committee shall convene no later than ninety days after June 4, 1998. Any vacancy shall be filled by the appointing authority. The chairperson shall be elected from among the members of the committee. The committee shall seek the advice and participation of any person, organization or state or federal agency it deems necessary to carry out the provisions of this section.
245245
246246 Sec. 21. Subsection (c) of section 19a-535 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
247247
248248 (c) (1) Before effecting any transfer or discharge of a resident from the facility, the facility shall notify, in writing, the resident and the resident's guardian or conservator, if any, or legally liable relative or other responsible party if known, of the proposed transfer or discharge, the reasons therefor, the effective date of the proposed transfer or discharge, the location to which the resident is to be transferred or discharged, the right to appeal the proposed transfer or discharge and the procedures for initiating such an appeal as determined by the Department of Social Services, the date by which an appeal must be initiated in order to preserve the resident's right to an appeal hearing and the date by which an appeal must be initiated in order to stay the proposed transfer or discharge and the possibility of an exception to the date by which an appeal must be initiated in order to stay the proposed transfer or discharge for good cause, that the resident may represent himself or herself or be represented by legal counsel, a relative, a friend or other spokesperson, and information as to bed hold and nursing home readmission policy when required in accordance with section 19a-537, as amended by this act. The notice shall also include the name, mailing address and telephone number of the State Long-Term Care Ombudsman. If the resident is, or the facility alleges a resident is, mentally ill or developmentally disabled, the notice shall include the name, mailing address and telephone number of the [Office of Protection and Advocacy for Persons with Disabilities] nonprofit entity designated by the Governor in accordance with section 46a-10b, as amended by this act, to serve as the Connecticut protection and advocacy system. The notice shall be given at least thirty days and no more than sixty days prior to the resident's proposed transfer or discharge, except where the health or safety of individuals in the facility are endangered, or where the resident's health improves sufficiently to allow a more immediate transfer or discharge, or where immediate transfer or discharge is necessitated by urgent medical needs or where a resident has not resided in the facility for thirty days, in which cases notice shall be given as many days before the transfer or discharge as practicable.
249249
250250 (2) The resident may initiate an appeal pursuant to this section by submitting a written request to the Commissioner of Social Services not later than sixty calendar days after the facility issues the notice of the proposed transfer or discharge, except as provided in subsection (h) of this section. In order to stay a proposed transfer or discharge, the resident must initiate an appeal not later than twenty days after the date the resident receives the notice of the proposed transfer or discharge from the facility unless the resident demonstrates good cause for failing to initiate such appeal within the twenty-day period.
251251
252252 Sec. 22. Subsection (h) of section 19a-537 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
253253
254254 (h) A nursing home shall not refuse to readmit a resident unless: (1) The resident's needs cannot be met in the facility; (2) the resident no longer needs the services of the nursing home due to improved health; or (3) the health and safety of individuals in the nursing home would be endangered by readmission of the resident. If a nursing home decides to refuse to readmit a resident either without requesting a consultation or following a consultation conducted in accordance with subsection (g) of this section, the nursing home shall, not later than twenty-four hours after making such decision, notify the hospital, the resident and the resident's guardian or conservator, if any, the resident's legally liable relative or other responsible party, if known, in writing of the following: (A) The determination to refuse to readmit the resident; (B) the reasons for the refusal to readmit the resident; (C) the resident's right to appeal the decision to refuse to readmit the resident; (D) the procedures for initiating such an appeal, as determined by the Commissioner of Social Services; (E) the resident has twenty days from the date of receipt of the notice from the facility to initiate an appeal; (F) the possibility of an extension of the time frame for initiating an appeal for good cause; (G) the contact information, including the name, mailing address and telephone number, for the Long-Term Care Ombudsman; and (H) the resident's right to represent himself or herself at the appeal hearing or to be represented by legal counsel, a relative, a friend or other spokesperson. If a resident is, or the nursing home alleges a resident is, mentally ill or developmentally disabled, the nursing home shall include in the notice to the resident the contact information, including the name, mailing address and telephone number of the [Office of Protection and Advocacy for Persons with Disabilities] nonprofit entity designated by the Governor in accordance with section 46a-10b, as amended by this act, to serve as the Connecticut protection and advocacy system. The Commissioner of Social Services, or the commissioner's designee, shall hold a hearing in accordance with chapter 54 to determine whether the nursing home has violated the provisions of this section. The commissioner, or the commissioner's designee, shall convene such hearing not later than fifteen days after the date of receipt of the request. The commissioner, or the commissioner's designee, shall issue a decision not later than thirty days after the date on which the hearing record is closed. The commissioner, or the commissioner's designee, may require the nursing home to readmit the resident to a semiprivate room or a private room, if a private room is medically necessary. The Superior Court shall consider an appeal from a decision of the commissioner pursuant to this section as a privileged case in order to dispose of the case with the least possible delay.
255255
256256 Sec. 23. Subsection (a) of section 19a-542 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
257257
258258 (a) An application to appoint a receiver for a nursing home facility or residential care home may be filed in the Superior Court by the Commissioner of Social Services [,] or the Commissioner of Public Health. [or the director of the Office of Protection and Advocacy for Persons with Disabilities.] A resident of such facility or home, or such resident's legally liable relative, conservator or guardian may file a written complaint with the Commissioner of Public Health specifying conditions at such facility or home that warrant an application to appoint a receiver. If the Commissioner of Public Health fails to resolve such complaint not later than forty-five days after its receipt or, in the case of a nursing home facility or residential care home that intends to close, not later than seven days after its receipt, the person who filed the complaint may file an application in the Superior Court for the appointment of a receiver for such facility or home. Said court shall immediately notify the Attorney General of such application. The court shall hold a hearing not later than ten days after the date the application is filed. Notice of such hearing shall be given to the owner of such facility or residential care home, or such owner's agent for service of process, not less than five days prior to such hearing. Such notice shall be posted by the court in a conspicuous place inside such facility for not less than three days prior to such hearing.
259259
260260 Sec. 24. Section 29-200 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
261261
262262 (a) The State Building Inspector and the Codes and Standards Committee, with the approval of the Commissioner of Administrative Services, shall adopt standards as referenced in the State Building Code concerning the installation, operation, maintenance and use of inclined stairway chairlifts, vertical wheelchair or incline lifts and limited use, limited access elevators. The State Building Inspector and said committee may adopt, by reference, standards concerning inclined stairway chairlifts, vertical wheelchair or incline lifts and limited use, limited access elevators, as set forth by the American National Standards Institute.
263263
264264 (b) Any person, agent of the state, municipality or any other political subdivision of the state may apply to the State Building Inspector to vary or set aside standards adopted under the provisions of subsection (a) of this section. Any variation of or exemption from any provision of such standards shall be permitted only when approved by the State Building Inspector. [and the executive director of the Office of Protection and Advocacy for Persons with Disabilities acting jointly. The State Building Inspector, within seven days of receipt of any such application, shall forward a copy of such application to said executive director, who shall, within thirty days of receipt, review the application, and acting jointly with the State Building Inspector, render a decision to accept or reject the application in whole or in part.] The State Building Inspector [and said executive director] may approve a variation of or exemption from any such standard or specification when [they jointly determine] the state building inspector determines that [it] such standard or specification would not be feasible or would unreasonably complicate the construction, alteration or repair in question. Such determination shall be in writing. [, and if it sets aside any such standard or specification, a copy of such determination shall be sent to said executive director.]
265265
266266 (c) Such lifts and elevators may be installed (1) in existing buildings principally used for meeting, gathering or assembling by any civic, religious, fraternal or charitable organization, (2) in residential buildings designed to be occupied by one or two families, (3) in new buildings for which a building permit application has been filed on or after October 1, 2004, in accordance with the State Building Code, and (4) in other existing buildings and structures only if the [executive director of the Office of Protection and Advocacy for Persons with Disabilities and the] State Building Inspector [jointly approve] approves such installation. An application for the installation of such lift or elevator in other buildings and structures under subdivision (4) of this subsection shall be submitted to the State Building Inspector who shall [, within seven days of receipt of any such application, forward a copy of such application to said executive director, who shall,] within thirty days of receipt, review the application, and [acting jointly with the State Building Inspector,] render a decision to accept or reject the application in whole or in part. Such decision shall be published electronically by the State Building Inspector on the Internet web site of the Department of Administrative Services.
267267
268268 (d) Any person aggrieved by any such decision of the State Building Inspector [and the executive director of the Office of Protection and Advocacy for Persons with Disabilities] may appeal to the Codes and Standards Committee within thirty days after such decision has been rendered.
269269
270270 (e) Any person aggrieved by any ruling of the Codes and Standards Committee may appeal therefrom to the Superior Court in accordance with section 4-183.
271271
272272 Sec. 25. Section 29-251 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
273273
274274 There shall be within the Department of Administrative Services a Codes and Standards Committee whose duty it shall be to work with the State Building Inspector in the enforcement of this part and the State Fire Marshal in the enforcement of part II of this chapter as set forth herein. The committee shall be composed of twenty-one members, residents of the state, appointed by the Commissioner of Administrative Services as follows: (1) Two shall be architects licensed in the state of Connecticut; (2) three shall be professional engineers licensed in the state of Connecticut, two of whom shall practice either structural, mechanical or electrical engineering but in no event shall both of such members represent the same specialty, and one of whom shall be a practicing fire protection engineer or mechanical engineer with extensive experience in fire protection; (3) two shall be builders or superintendents of construction, one of whom shall have expertise in residential construction and one of whom shall have expertise in nonresidential construction; (4) one shall be a public health official; (5) two shall be building officials; (6) two shall be local fire marshals; (7) one shall be a Connecticut member of a national building trades labor organization; (8) one shall have expertise in matters relating to energy efficiency; (9) four shall be public members, one of whom shall have expertise in matters relating to accessibility and use of facilities by the physically disabled; [and who shall be selected from a list of names submitted by the Office of Protection and Advocacy for Persons with Disabilities;] (10) one shall be a contractor licensed to perform electrical work or a member of a state-wide electrical trades labor organization; (11) one shall be a contractor licensed to perform plumbing and piping work or a member of a state-wide plumbing trades labor organization; and (12) one shall be a contractor licensed to perform heating, piping and cooling work or a member of a state-wide heating and cooling trades labor organization. Each member, other than the public members, shall have had not less than ten years' practical experience in such member's profession or business. The committee shall adopt regulations in accordance with the provisions of chapter 54 governing the procedure of the committee. Members who fail to attend three consecutive meetings or fifty per cent of all meetings during a calendar year shall be deemed to have resigned. The committee may, within the limits of appropriations provided therefor, employ such assistants as may be necessary to conduct its business.
275275
276276 Sec. 26. Section 29-251b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
277277
278278 There is established, within the Department of Administrative Services, a Building Code Training Council which shall advise the State Building Inspector and the Codes and Standards Committee on all matters pertaining to certification training programs, continuing educational programs for building officials pursuant to section 29-262 and programs for all other persons eligible to receive training pursuant to subsections (a) and (c) of section 29-251c. The council shall be composed of [seventeen] sixteen members, who shall be residents of this state, appointed as follows: (1) The State Building Inspector, or his designee; (2) one by the Codes and Standards Committee, who shall be a member of said committee; (3) three by the Connecticut Building Officials Association, each of whom shall be a member of said association; (4) one by the Board of Regents for Higher Education; (5) one by the Board of Trustees of the Community-Technical Colleges; (6) one by the Governor, who shall be a chief elected official of a municipality; (7) seven by the Commissioner of Administrative Services: (A) One of whom shall be an architect licensed pursuant to chapter 390, selected from a list of individuals submitted by the Connecticut Chapter of the American Institute of Architects; (B) one of whom shall be a professional engineer, licensed pursuant to chapter 391, selected from a list of individuals submitted by the Connecticut Engineers in Private Practice; (C) one of whom shall be a landscape architect, licensed pursuant to chapter 396, selected from a list of individuals submitted by the Connecticut Chapter of the American Society of Landscape Architects; (D) one of whom shall be an interior designer, registered pursuant to chapter 396a, selected from a list of individuals submitted by the Connecticut Coalition of Interior Designers; (E) one of whom shall be a member of the Connecticut State Building Trades Council, selected from a list of individuals submitted by said organization; and (F) two of whom shall be builders, general contractors or superintendents of construction, one having expertise in residential building construction, selected from a list of individuals submitted by the Home Builders Association of Connecticut, Inc., and one having expertise in nonresidential building construction, selected from a list of individuals submitted by the Associated General Contractors of Connecticut, Incorporated; [(8) one by the Director of the Office of Protection and Advocacy for Persons with Disabilities; and (9)] and (8) one by the president pro tempore of the Senate, who shall be a member of the public. The council shall elect a chairperson and vice-chairperson from among its members. Any member who fails to attend at least fifty per cent of all meetings held during any calendar year or fails to attend three consecutive meetings shall be deemed to have resigned from the council. Vacancies on the council shall be filled by the appointing authority. Members of the council shall serve without compensation but shall, within the limits of available funds as approved by the Commissioner of Administrative Services, be reimbursed for necessary expenses incurred in the performance of their duties.
279279
280280 Sec. 27. Subsection (b) of section 29-259 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
281281
282282 (b) Any person, agent of the state, municipality or any other political subdivision of the state may apply to the State Building Inspector and the Codes and Standards Committee to modify or set aside standards for historic buildings incorporated in the State Building Code. The State Building Inspector shall, within seven days of receipt of any such application, forward a copy of such application to [the director of the Office of Protection and Advocacy for Persons with Disabilities and to] the Commissioner of Economic and Community Development. Said [director and] commissioner shall, within thirty days of receipt, review such application and make such written recommendations as [each] the commissioner deems appropriate to the State Building Inspector and the Codes and Standards Committee concerning the disposition of such application. The [recommendations of said director and] recommendation of the commissioner shall be part of the records and documents of the State Building Inspector concerning such application. The State Building Inspector and the Codes and Standards Committee shall consider such written recommendations when acting upon such application and may set aside or modify an individual standard or specification when they jointly determine that [it] such standard or specification would not be feasible or would unreasonably complicate the construction, alteration or repair in question and where alternative methods and materials have been proposed to maintain certain features. Such determination shall be in writing, shall state the reasons therefor and if it sets aside any such standard [of] or specification, a copy of such determination shall be sent to [each of said director and] the commissioner.
283283
284284 Sec. 28. Subsection (b) of section 29-269 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
285285
286286 (b) Any variation of or exemption from any provision of (1) the State Building Code relating to accessibility to, and use of, buildings and structures by persons with disabilities, (2) subsection (i) of section 14-253a, (3) section 29-273, or (4) section 29-274, shall be permitted only when approved by the State Building Inspector. [and the director of the Office of Protection and Advocacy for Persons with Disabilities acting jointly.] Any person, agent of the state, municipality or any other political subdivision of the state may apply to the State Building Inspector to vary or set aside standards incorporated in the State Building Code pursuant to the provisions of subsection (a) of this section. The State Building Inspector [, within seven days of receipt of any such application, shall forward a copy of such application to said director, who] shall, within thirty days of receipt, review the application, and [acting jointly with the State Building Inspector,] render a decision to accept or reject the application in whole or in part. The State Building Inspector [and said director] may approve a variation of or exemption from any such standard or specification when [they jointly determine] the state building inspector determines that [it] the standard or specification would not be feasible or would unreasonably complicate the construction, alteration or repair in question. Such determination shall be in writing, shall state the reasons therefor and if it sets aside any such standard or specification, a copy of such determination shall be [sent to said director] published electronically by the State Building Inspector on the Internet web site of the Department of Administrative Services. Any person aggrieved by any such decision may appeal to the Codes and Standards Committee within thirty days after such decision has been rendered.
287287
288288 Sec. 29. Section 29-270a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
289289
290290 The owner of any enclosed shopping mall or retail business with more than fifty thousand square feet of floor space, shall install, in at least one of the primary entrances, doors that are automatically activated to provide access to persons with physical disabilities, provided the State Building Inspector may [, with the concurrence of the director of the Office of Protection and Advocacy for Persons with Disabilities,] grant an exemption from such requirement where strict compliance would entail practical difficulty or unnecessary hardship. Nothing in this section shall require the installation of an automatically activated door in a primary entrance which is open and unobstructed by any door during the hours the retail business is open to the public.
291291
292292 Sec. 30. Section 29-271 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
293293
294294 Any state-assisted rental housing or rental housing project constructed or substantially rehabilitated under a building permit application filed on or after January 1, 1976, and prior to October 1, 2004, that contains ten or more housing units shall have at least ten per cent of the units and all common use areas and facilities designed to promote safe and accessible means of entrance and egress and ease of access and use of facilities for the physically disabled, as defined in subsection (b) of section 1-1f, unless a waiver of such requirement is obtained from the Commissioner of Housing as provided in this section. Any state-assisted rental housing or rental housing project constructed or substantially rehabilitated under a building permit application filed on or after October 1, 2004, that contains four or more dwelling units shall have the dwelling units and all common use areas and facilities designed in accordance with the State Building Code to promote the safe and accessible use of facilities for the physically disabled, as defined in subsection (b) of section 1-1f, unless such waiver is obtained. Said commissioner may, with the concurrence of the [director of the Office of Protection and Advocacy for Persons with Disabilities and the] State Building Inspector, waive the requirement for such units for any state-financed rental housing project awarded state assistance under sections 8-214a and 8-216b, provided all requirements concerning the provision of housing units accessible to the physically disabled promulgated by the United States Department of Housing and Urban Development have been met. Physically disabled persons and families shall receive priority in placement in no less than ten per cent of the housing units constructed or substantially rehabilitated after January 1, 1976.
295295
296296 Sec. 31. Section 42-334 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
297297
298298 The Commissioner of Consumer Protection [, in consultation with the director of the Office of Protection and Advocacy for Persons with Disabilities,] may adopt regulations, in accordance with chapter 54, to carry out the provisions of sections 42-330 to 42-333, inclusive, as amended by this act. Such regulations may establish an alternative dispute resolution program to investigate and adjudicate disputes arising under sections 42-330 to 42-333, inclusive, as amended by this act.
299299
300300 Sec. 32. Subsection (c) of section 45a-656b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
301301
302302 (c) A report filed under subsection (b) of this section with respect to placement in an institution for long-term care shall set forth the basis for the conservator's determination, what community resources are available and have been considered to avoid the placement, and the reasons why the physical, mental and psychosocial needs of the person under conservatorship cannot be met in a less restrictive and more integrated setting. Such community resources include, but are not limited to, resources provided by the area agencies on aging, the Department of Social Services, [the Office of Protection and Advocacy for Persons with Disabilities,] the Department of Mental Health and Addiction Services, the Department of Developmental Services, any center for independent living, as defined in section 17b-613, any residential care home or any congregate or subsidized housing. The conservator shall give notice of the placement of the person under conservatorship in an institution for long-term care and a copy of such report to the person under conservatorship, the attorney for the person under conservatorship and any interested parties as determined by the court. Service shall be by first-class mail. The conservator shall provide a certification to the court that service was made in the manner prescribed by this subsection.
303303
304304 Sec. 33. Subsection (b) of section 45a-682 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
305305
306306 (b) Immediately upon receipt of the petition, the court shall order such notice of the petition and the date and time of hearing as it may direct to the respondent [,] and the respondent's parents or spouse, if any. [, and to the Office of Protection and Advocacy for Persons with Disabilities.] A hearing shall be held promptly, taking into consideration the condition of the respondent. If, after hearing, the court finds that the respondent by reason of the severity of the respondent's intellectual disability is incapable of giving informed consent to such procedure, and that the respondent will suffer deterioration of the respondent's physical or mental health or serious discomfort if such procedure or treatment, or both, is not ordered, the court may appoint a temporary limited guardian for the purpose of consenting to such procedure or treatment, or both. In making such appointment, the court shall give preference to the parent, next of kin or other person whom the court deems proper. The court may appoint the Commissioner of Developmental Services, or the commissioner's designee, to serve in such capacity if it is unable to find a suitable guardian. The appointment shall not be valid for more than sixty days. A temporary limited guardian shall be subject to all limitations set forth in section 45a-677.
307307
308308 Sec. 34. Section 45a-693 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
309309
310310 Upon such application for a determination of ability to give informed consent, such court shall assign a time, not later than thirty days thereafter, and a place for hearing such application. Any hearing held under this section shall be pursuant to sections 51-72 and 51-73. Notwithstanding the provisions of section 45a-7, the court may hold the hearing on said application at a place within the state other than the usual courtroom if it would facilitate the presence of the respondent. Such court shall cause a citation and notice to be served on the following parties at least seven days prior to such hearing date. (1) The court shall direct personal service be made by a state marshal, constable or indifferent person upon the respondent and if the respondent is in a hospital, nursing home, state school or some other institution, in addition to the respondent, upon the chief executive, officer or administrator in such hospital, nursing home, state school or other institution. (2) The court shall order such notice as it directs to the following: (A) The parents of the respondent, if any, (B) the spouse of the respondent, if any, (C) the siblings of such applicant, if any, if the respondent has no living parents, (D) the [Office of Protection and Advocacy for Persons with Disabilities] nonprofit entity designated by the Governor in accordance with section 46a-10b, as amended by this act, to serve as the Connecticut protection and advocacy system, and (E) such other persons as the court may determine have interest in the respondent.
311311
312312 Sec. 35. Section 45a-694 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
313313
314314 Upon the filing of an application for a determination of an individual's ability to give informed consent to sterilization, the court shall appoint legal counsel to represent any respondent who has not selected a counsel to represent such respondent in response to the application. Such legal counsel shall be from a panel of attorneys admitted to practice in this state provided by the Probate Court Administrator in accordance with regulations promulgated by the Probate Court Administrator in accordance with section 45a-77. [In establishing such panel, the Probate Court Administrator shall seek recommendations from the Office of Protection and Advocacy for Persons with Disabilities, which may be included in such panel.] The reasonable compensation of an appointed legal counsel shall be established by the court. Such compensation shall be charged to the respondent provided, if the court finds such respondent is unable to pay such compensation, it shall be paid from the Probate Court Administration Fund.
315315
316316 Sec. 36. Section 46a-7 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
317317
318318 It is hereby found that the state of Connecticut has a special responsibility for the care, treatment, education [,] and rehabilitation of [and advocacy for its disabled citizens] people with disabilities. Frequently [the disabled] people with disabilities are not aware of services or are unable to gain access to the appropriate facilities or services. It is hereby the declared policy of the state to provide for coordination of services for [the disabled] people with disabilities among the various agencies of the state charged with the responsibility for the care, treatment, education and rehabilitation of [the disabled] people with disabilities.
319319
320320 Sec. 37. Section 46a-11a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
321321
322322 For the purposes of sections 46a-11a to 46a-11g, inclusive, as amended by this act:
323323
324324 (1) "Abuse" means the wilful infliction of physical pain or injury or the wilful deprivation by a caretaker of services which are necessary to the person's health or safety;
325325
326326 (2) "Neglect" means a situation where a person with intellectual disability either is living alone and is not able to provide for himself or herself the services which are necessary to maintain his or her physical and mental health or is not receiving such necessary services from the caretaker;
327327
328328 (3) "Caretaker" means a person who has the responsibility for the care of a person with intellectual disability as a result of a family relationship or who has assumed the responsibility for the care of the person with intellectual disability voluntarily, by contract or by order of a court of competent jurisdiction. Neither a guardian nor a conservator need be a caretaker;
329329
330330 (4) "Commissioner" means the Commissioner of Developmental Services, or his or her designee;
331331
332332 [(4)] (5) "Conservator" means a conservator of the person or of the estate appointed pursuant to sections 45a-644 to 45a-662, inclusive;
333333
334334 [(5) "Director" means the director of the Office of Protection and Advocacy for Persons with Disabilities;]
335335
336336 (6) "Facility" means any public or private hospital, nursing home facility, residential care home, training school, regional facility, group home, community companion home, school or other program serving persons with intellectual disability;
337337
338338 (7) "Guardian" means the guardian or limited guardian of a person with intellectual disability appointed pursuant to sections 45a-669 to 45a-683, inclusive;
339339
340340 (8) "Individual or person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services" means an individual eighteen years of age through fifty-nine years of age, inclusive, who receives funding or services from the Department of Social Services' Division of Autism Spectrum Disorder Services;
341341
342342 [(8)] (9) "Person with intellectual disability" means a person who: (A) Has intellectual disability, as provided in section 1-1g, (B) is at least the age of eighteen and under the age of sixty, except, for purposes of subsection (b) of section 46a-11c, as amended by this act, is eighteen years of age or older, and (C) is substantially unable to protect himself or herself from abuse and includes all such persons living in residential facilities under the jurisdiction of the Department of Developmental Services; and
343343
344344 [(9)] (10) "Protective services" means services provided by the state or any other governmental or private organization or individual which are necessary to prevent abuse or neglect. Such services may include the provision of medical care for physical and mental health needs; the provision of support services in the facility, including the time limited placement of department staff in such facility; the relocation of a person with intellectual disability to a facility able to offer such care pursuant to section 17a-210, as amended by this act, 17a-274, as amended by this act, or 17a-277, as applicable; assistance in personal hygiene; food; clothing; adequately heated and ventilated shelter; protection from health and safety hazards; protection from maltreatment, the result of which includes, but is not limited to, malnutrition, deprivation of necessities or physical punishment; and transportation necessary to secure any of the above-stated services, except that this term shall not include taking such person into custody without consent. [;]
345345
346346 [(10) "Commissioner" means the Commissioner of Developmental Services; and
347347
348348 (11) "Individual who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services" means an individual eighteen years of age to sixty years of age, inclusive, who receives funding or services from the Department of Social Services' Division of Autism Spectrum Disorder Services.]
349349
350350 Sec. 38. Section 46a-11b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
351351
352352 (a) Any physician or surgeon licensed under the provisions of chapter 370, any resident physician or intern in any hospital in this state, whether or not so licensed, any registered nurse, any person paid for caring for persons in any facility and any licensed practical nurse, medical examiner, dental hygienist, dentist, occupational therapist, optometrist, chiropractor, psychologist, podiatrist, social worker, school teacher, school principal, school guidance counselor, school paraprofessional, mental health professional, physician assistant, licensed or certified substance abuse counselor, licensed marital and family therapist, speech and language pathologist, clergyman, police officer, pharmacist, physical therapist, licensed professional counselor or sexual assault counselor or domestic violence counselor, as defined in section 52-146k, who has reasonable cause to suspect or believe that any person with intellectual disability or any individual who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services has been abused or neglected shall, as soon as practicable but not later than seventy-two hours after such person has reasonable cause to suspect or believe that a person with intellectual disability or any individual who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services has been abused or neglected, report such information or cause a report to be made in any reasonable manner to the [director or persons the director designates to receive such reports] commissioner. Such initial report shall be followed up by a written report not later than five calendar days after the initial report was made. Any person required to report under this subsection who fails to make such report shall be fined not more than five hundred dollars.
353353
354354 (b) Such report shall contain the name and address of the allegedly abused or neglected person, a statement from the person making the report indicating his or her belief that such person has intellectual disability or receives funding or services from the Department of Social Services' Division of Autism Spectrum Disorder Services, information supporting the supposition that such person is substantially unable to protect himself or herself from abuse or neglect, information regarding the nature and extent of the abuse or neglect and any other information that the person making such report believes might be helpful in an investigation of the case and the protection of such person with intellectual disability or who receives funding or services from the Department of Social Services' Division of Autism Spectrum Disorder Services.
355355
356356 (c) Each facility, as defined in section 46a-11a, as amended by this act, shall inform residents of their rights and the staff of their responsibility to report abuse or neglect and shall establish appropriate policies and procedures to facilitate such reporting.
357357
358358 (d) Any other person having reasonable cause to believe that a person with intellectual disability or an individual who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services is being or has been abused or neglected may report such information, in any reasonable manner, to the [director or to the director's designee] commissioner.
359359
360360 (e) Any person who makes any report pursuant to sections 46a-11a to 46a-11g, inclusive, as amended by this act, or who testifies in any administrative or judicial proceeding arising from such report shall be immune from any civil or criminal liability on account of such report or testimony, except for liability for perjury, unless such person acted in bad faith or with malicious purpose. Any person who obstructs, hinders or endangers any person reporting or investigating abuse or neglect or providing protective services or who makes a report in bad faith or with malicious purpose and who is not subject to any other penalty shall be fined not more than five hundred dollars. No resident or employee of a facility, as defined in section 46a-11a, as amended by this act, shall be subject to reprisal or discharge because of his actions in reporting pursuant to sections 46a-11a to 46a-11g, inclusive, as amended by this act.
361361
362362 (f) For purposes of said sections, the treatment of any person with intellectual disability or any individual who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services by a Christian Science practitioner, in lieu of treatment by a licensed practitioner of the healing arts, shall not of itself constitute grounds for the implementation of protective services.
363363
364364 (g) When the [director of the Office of Protection and Advocacy for Persons with Disabilities or persons designated by said director are] commissioner is required to investigate or monitor abuse or neglect reports that are referred to the [Office of Protection and Advocacy for Persons with Disabilities] Department of Developmental Services from another agency, all provisions of this section shall apply to any investigation or monitoring of such case or report.
365365
366366 Sec. 39. Section 46a-11c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
367367
368368 (a) The [director] commissioner, upon receiving a report that a person with intellectual disability allegedly is being or has been abused or neglected, shall make an initial determination whether such person has intellectual disability, shall determine if the report warrants investigation and shall cause, in cases that so warrant, a prompt, thorough evaluation to be made to determine whether the person has intellectual disability and has been abused or neglected. For the purposes of sections 46a-11a to 46a-11g, inclusive, as amended by this act, the determination of intellectual disability may be made by means of a review of records and shall not require the [director] commissioner to conduct a full psychological examination of the person. Any delay in making such determination of intellectual disability shall not delay the investigation of abuse or neglect or recommendation of provision of protective services. The evaluation shall include a visit to the named person with intellectual disability and consultation with those individuals having knowledge of the facts of the particular case. All state, local and private agencies shall have a duty to cooperate with any investigation conducted by the [Office of Protection and Advocacy for Persons with Disabilities] Department of Developmental Services under this section, including the release of complete client records for review, inspection and copying, except where the person with intellectual disability refuses to permit his or her record to be released. The [director] commissioner shall have subpoena powers to compel any information related to such investigation. All client records shall be kept confidential by said [office] department. Upon completion of the evaluation of each case, written findings shall be prepared which shall include a determination of whether abuse or neglect has occurred and recommendations as to whether protective services are needed. The [director] commissioner, except in cases where the parent or [guardian] legal representative is the alleged perpetrator of abuse or neglect or is residing with the alleged perpetrator, shall notify the parents or [guardian] legal representative, if any, of the person with intellectual disability if a report of abuse or neglect is made which the [director] commissioner determines warrants investigation. The [director] commissioner shall provide the parents or [guardians] legal representatives who the [director] commissioner determines are entitled to such information with further information upon request. The person filing the report of abuse or neglect shall be notified of the findings upon request.
369369
370370 (b) The [director] commissioner, upon receiving a report that an individual who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services, allegedly is being or has been abused or neglected, shall make an initial determination whether such individual receives funding or services from said division, shall determine if the report warrants investigation and shall cause, in cases that so warrant, a prompt, thorough evaluation, as described in subsection (b) of section 17a-247f, as amended by this act, to be made by the Department of Developmental Services to determine whether the individual has been abused or neglected.
371371
372372 (c) In cases where there is a death of a person with intellectual disability for whom the Department of Developmental Services has direct or oversight responsibility for medical care, and there is reasonable cause to suspect or believe that such death may be due to abuse or neglect, the [Commissioner of Developmental Services shall notify the director or the director's designee not later than twenty-four hours after the commissioner determines that there is reasonable cause to suspect or believe that such death may be due to abuse or neglect and the director] commissioner shall conduct an investigation to determine whether abuse or neglect occurred, except as may be otherwise required by court order. The [director, in consultation with the Commissioner of Developmental Services,] commissioner shall establish protocols for conducting such investigations.
373373
374374 (d) The [director] commissioner shall maintain [a state-wide registry of the reports received, the evaluation and findings and actions recommended] the original reports of death investigations including evaluations, findings and recommended actions.
375375
376376 (e) Neither the original report nor the evaluation report of the investigator which includes findings and recommendations shall be deemed a public record for purposes of section 1-210. The name of the person making the original report shall not be disclosed to any person unless the person making the original report consents to such disclosure or unless a judicial proceeding results therefrom.
377377
378378 Sec. 40. Section 46a-11d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
379379
380380 (a) If it is determined by an investigation that a person with intellectual disability, or a person with autism spectrum disorder who is receiving services from the Department of Social Services' Division of Autism Spectrum Disorder Services, has been abused or neglected, the [director shall refer the case to the Department of Developmental Services for the development and implementation of] commissioner shall develop and implement a plan of protective services. [Said referral shall be accompanied by a copy of the evaluation report.] The name of the person making the report of abuse or neglect shall not be disclosed without his or her consent.
381381
382382 (b) If the caretaker of a person with intellectual disability or a person with autism spectrum disorder who is receiving services from the Department of Social Services' Division of Autism Spectrum Disorder Services who has consented to the receipt of protective services refuses to allow the provision of such services to such person, the commissioner may petition the Superior Court for an order enjoining the caretaker from interfering with the provision of protective services to the person. [with intellectual disability.] The petition shall allege specific facts sufficient to show that the person with intellectual disability or autism spectrum disorder who is receiving services from the Department of Social Services' Division of Autism Spectrum Disorder Services is in need of protective services and consents to their provision and that the caretaker refuses to allow the provision of such services. If the court finds that the person [with intellectual disability] is in need of such services and has been prevented by the caretaker from receiving the same, the court may issue an order enjoining the caretaker from interfering with the provision of protective services to the person. [with intellectual disability.]
383383
384384 Sec. 41. Section 46a-11e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
385385
386386 (a) If a person with intellectual disability or autism spectrum disorder who is receiving services from the Department of Social Services' Division of Autism Spectrum Disorder Services does not consent to the receipt of protective services, or if such person withdraws his consent, such services shall not be provided or continued, except that if the commissioner has reason to believe that such person [with intellectual disability] lacks capacity to consent to or refuse such services, [he] the commissioner may petition the Probate Court for the appointment of a [guardian] legal representative. If any [guardian] legal representative, appointed pursuant to the provisions of this section, does not consent to the provision of such services, the commissioner may petition the Probate Court for the removal and replacement of said [guardian] legal representative.
387387
388388 (b) The commissioner, shall, not later than fifteen calendar days after the [date of referral of any case for the provision of protective services, furnish the director with] completion and submission of the investigation report, provide a written plan of services. [The director may comment on the proposed plan and recommend modifications. The commissioner shall cooperate with the director in resolving disagreements concerning the plan. Any comments made by the director shall be placed on file with the commissioner and the director.]
389389
390390 (c) If the [director] commissioner commences an investigation and finds that the person with intellectual disability or autism spectrum disorder who is receiving services from the Department of Social Services' Division of Autism Spectrum Disorder Services is seriously in need of immediate protective services, [he] the commissioner shall [report the facts of the case to the commissioner and the commissioner shall] not delay the commencement of protective services pending the full evaluation [report] investigation. If the commissioner's proposed action involves the removal from [his] the individual's home of a person with intellectual disability or autism spectrum disorder who is receiving services from the Department of Social Services' Division of Autism Spectrum Disorder Services under [guardianship] legal representation or of [a person with intellectual disability] such person who is competent and does not voluntarily consent to his or her removal, the commissioner shall follow the procedures mandated in section 17a-274, as amended by this act.
391391
392392 Sec. 42. Section 46a-11f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
393393
394394 (a) Concurrent with the implementation of any protective services for which payment is required, an evaluation shall be undertaken by the commissioner regarding the ability of the person with intellectual disability or autism spectrum disorder who is receiving services from the Department of Social Services' Division of Autism Spectrum Disorder Services to pay for the protective services. If the person is so able, procedures for reimbursement for the cost of providing the services shall be initiated. If it is determined that the person is not capable of paying for such services, the services shall be provided in accordance with policies and procedures established by the commissioner.
395395
396396 (b) Subsequent to the initial provision of protective services, the Department of Developmental Services shall review each case, including meeting with the person with intellectual disability or autism spectrum disorder who is receiving services from the Department of Social Services' Division of Autism Spectrum Disorder Services at least once every six months, to determine whether continuation or modification of the services is warranted. [Said department shall advise the director relative to the continuation of protective services for each such person with intellectual disability.] The commissioner may terminate protective services upon the request of the person with intellectual disability or autism spectrum disorder who is receiving services from the Department of Social Services' Division of Autism Spectrum Disorder Services or his [guardian] or her legal representative, pursuant to section 46a-11e, as amended by this act, or upon agreement by the commissioner [and the director] that such services are no longer required.
397397
398398 (c) In performing the duties set forth in sections 46a-11c to 46a-11g, inclusive, as amended by this act, the [director] commissioner may request the assistance of the staffs and resources of all appropriate state departments, agencies, commissions and local health directors, and may utilize any other public or private agencies, groups or individuals who are appropriate and may be available.
399399
400400 Sec. 43. Section 46a-11g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
401401
402402 If, as a result of any investigation initiated under the provisions of sections 46a-11a to 46a-11f, inclusive, as amended by this act, a determination is made that a caretaker or other person has abused a person with intellectual disability or autism spectrum disorder who is receiving services from the Department of Social Services' Division of Autism Spectrum Disorder Services, the [director] commissioner shall refer such information in writing to the appropriate office of the state's attorney, which shall conduct such further investigation as may be deemed necessary and shall determine whether criminal proceedings should be initiated against such caretaker or other person, in accordance with applicable state law. If any initial investigation by the [director] commissioner discloses evidence of an immediate and serious threat to the health or life of a person with intellectual disability, said [office] department shall immediately refer the matter to state or local police, as appropriate, who shall immediately investigate the matter.
403403
404404 Sec. 44. Section 46a-11h of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
405405
406406 The name and address of and other personally identifiable information concerning a person whose death or serious injury is reported to the [Office of Protection and Advocacy for Persons with Disabilities] Department of Developmental Services pursuant to section 46a-153, as amended by this act, the name and address of and other personally identifiable information concerning any person who provides information obtained by the [office] department in the course of an investigation of any such report, and all confidential records obtained by the [office] department in the course of any such investigation shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200. Nothing in this section shall be construed to prohibit the [office] department from disclosing personally identifiable or confidential information with the consent of a person authorized by law to consent to the release of such information or from issuing reports to the public or providing information to policy-making bodies that contain statistical data, analysis or case studies, provided the [office] department shall not disclose the identity of any person with disabilities or any means of discovering such identity.
407407
408408 Sec. 45. Section 46a-13a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
409409
410410 Each state, local or private agency responsible for the protection of persons with disabilities shall cooperate with any investigation conducted by the [Office of Protection and Advocacy for Persons with Disabilities] Department of Developmental Services and shall release client records for review and inspection by said [office] department. No such state, local or private agency shall release the records of a client without the express consent of such client or as otherwise provided by law.
411411
412412 Sec. 46. Subsection (h) of section 46a-152 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
413413
414414 (h) (1) Nothing in this section shall be construed as prohibiting the use of mechanical physical restraint in transporting any person (A) who is receiving services from the Department of Mental Health and Addiction Services pursuant to sections 17a-513 to 17a-517, inclusive, 17a-566 to 17a-567, inclusive, 17a-582 to 17a-603, inclusive, or 54-56d, or (B) who is committed to the department by a court of competent jurisdiction and has a pending criminal charge for which bail or a bond has not been posted, from a department facility to another location and, if applicable, back to such facility. Any such use of mechanical physical restraint shall be determined on an individualized basis by the head of the facility, or by a designee of the head of the facility, to be necessary and appropriate to protect the public safety.
415415
416416 (2) Any use of mechanical physical restraint under this subsection shall be documented in the medical record of the person who is transported. Such documentation shall include, but not be limited to, (A) the reason for the use of such restraint, including the risk of flight, the risk to public safety and the person's clinical condition, and (B) a detailed description of the nature of such restraint and its duration. If the use of any such restraint results in serious physical injury or death to such person, the head of the facility shall report such injury or death to the Commissioner of Mental Health and Addiction Services. [The commissioner, upon receiving any such report, shall inform the director of the Office of Protection and Advocacy for Persons with Disabilities of such injury or death.]
417417
418418 Sec. 47. Section 46a-153 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
419419
420420 (a) Each institution or facility that provides direct care or supervision of persons at risk shall (1) record each instance of the use of physical restraint or seclusion on a person at risk and the nature of the emergency that necessitated its use, and (2) include such information in an annual compilation on its use of such restraint and seclusion. The commissioner of the state agency that has jurisdiction or supervisory control over each institution or facility shall review the annual compilation prior to renewing a license for or a contract with such institution or facility.
421421
422422 (b) If the use of such restraint or seclusion results in physical injury to the person, the institution or facility shall report the incident to the commissioner of the state agency that has jurisdiction or supervisory control over the institution or facility. The commissioner receiving a report of such an incident shall report any incidence of serious injury or death to the [director of the Office of Protection and Advocacy for Persons with Disabilities and, if appropriate, to the] Child Advocate of the Office of the Child Advocate, if appropriate.
423423
424424 Sec. 48. Section 52-259a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
425425
426426 (a) Any member of the Division of Criminal Justice or the Division of Public Defender Services, any employee of the Judicial Department, acting in the performance of such employee's duties, the Attorney General, an assistant attorney general, the Consumer Counsel, any attorney employed by the Office of Consumer Counsel within the Department of Energy and Environmental Protection, the Department of Revenue Services, the Commission on Human Rights and Opportunities, the Freedom of Information Commission, the Board of Labor Relations, [the Office of Protection and Advocacy for Persons with Disabilities,] the Office of the Victim Advocate, the Department of Social Services, the Department of Children and Families or the Office of State Ethics, or any attorney appointed by the court to assist any of them or to act for any of them in a special case or cases, while acting in such attorney's official capacity or in the capacity for which such attorney was appointed, shall not be required to pay the fees specified in sections 52-258, 52-259, and 52-259c, subsection (a) of section 52-356a, subsection (a) of section 52-361a, section 52-367a, subsection (b) of section 52-367b and subsection (n) of section 46b-231.
427427
428428 (b) (1) The Immigration and Naturalization Service shall not be required to pay any fees specified in section 52-259 for any certified copy of any criminal record.
429429
430430 (2) The Office of the Federal Public Defender shall not be required to pay any fees specified in section 52-259 for any certified copy of any criminal record.
431431
432432 (3) An employee of the United States Probation Office, acting in the performance of such employee's duties, shall not be required to pay any fee specified in section 52-259 for any certified copy of any criminal record.
433433
434434 Sec. 49. Section 17b-650a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
435435
436436 (a) There is created a Department of Rehabilitation Services. The Department of Social Services shall provide administrative support services to the Department of Rehabilitation Services until the Department of Rehabilitation Services requests cessation of such services, or until June 30, 2013, whichever is earlier. The Department of Rehabilitation Services shall be responsible for providing the following: (1) Services to the deaf and hearing impaired; (2) services for the blind and visually impaired; and (3) rehabilitation services in accordance with the provisions of the general statutes concerning the Department of Rehabilitation Services. The Department of Rehabilitation Services shall constitute a successor authority to the Bureau of Rehabilitative Services in accordance with the provisions of sections 4-38d, 4-38e and 4-39.
437437
438438 (b) The department head shall be the Commissioner of Rehabilitation Services, who shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive, and shall have the powers and duties described in said sections. The Commissioner of Rehabilitation Services shall appoint such persons as may be necessary to administer the provisions of public act 11-44* and the Commissioner of Administrative Services shall fix the compensation of such persons in accordance with the provisions of section 4-40. The Commissioner of Rehabilitation Services may create such sections within the Department of Rehabilitation Services as will facilitate such administration, including a disability determinations section for which one hundred per cent federal funds may be accepted for the operation of such section in conformity with applicable state and federal regulations. The Commissioner of Rehabilitation Services may adopt regulations, in accordance with the provisions of chapter 54, to implement the purposes of the department as established by statute.
439439
440440 (c) The Commissioner of Rehabilitation Services shall, annually, in accordance with section 4-60, submit to the Governor a report in electronic format on the activities of the Department of Rehabilitation Services relating to services provided by the department to individuals who (1) are blind or visually impaired, (2) are deaf or hearing impaired, or (3) receive vocational rehabilitation services. The report shall include the data the department provides to the federal government that relates to the evaluation standards and performance indicators for the vocational rehabilitation services program. The commissioner shall submit the report in electronic format, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to human services and appropriations and the budgets of state agencies.
441441
442442 [(d) Effective July 1, 2017, the Department of Rehabilitation Services shall constitute a successor department, in accordance with the provisions of sections 4-38d and 4-39, to the Office of Protection and Advocacy for Persons with Disabilities with respect to investigations of allegations of abuse or neglect pursuant to sections 46a-11a to 46a-11f, inclusive.]
443443
444444 Sec. 50. Section 42-330 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
445445
446446 As used in sections 42-330 to 42-336, inclusive, as amended by this act, unless the context otherwise requires:
447447
448448 (1) "Assistive technology device" means any device sold, leased or transferred in this state or to a consumer in this state on or after January 1, 1998, that is used or designed to be used to enable or enhance the ability of a person with a disability to communicate, see, hear or achieve mobility, including, but not limited to, (A) manual or motor-driven wheelchairs and other assistive devices that enhance a mobility impaired person's ability to achieve mobility, including seating and positioning aids, (B) telephone communication devices for the hearing impaired and other assistive listening devices that enhance a hearing impaired person's ability to hear or communicate, but not including hearing aids, (C) voice synthesized computer modules, optical scanners, talking software, braille printers and other assistive devices that enhance a sight impaired person's ability to see or communicate, (D) computer equipment with voice output, artificial larynges, voice amplification devices and other alternative and augmentative communication devices, (E) any system of such devices that, as a whole, is itself such a device, (F) any component product of such devices that is itself ordinarily such a device, and (G) any such device used primarily by a dealer, lessor or manufacturer for the purpose of demonstration to the public or to prospective purchasers or lessees. "Assistive technology device" does not include batteries used in or nonessential accessories to any such devices.
449449
450450 (2) "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity in an assistive technology device, including, but not limited to, the cost of an alternative assistive technology device.
451451
452452 (3) "Consumer" means any person (A) who purchases an assistive technology device from a dealer or manufacturer for purposes other than for resale, (B) to whom an assistive technology device is transferred if such transfer occurs before the expiration of an express warranty applicable to such assistive technology device, (C) who may enforce an express warranty applicable to an assistive technology device, or (D) who leases an assistive technology device from a lessor under a written lease.
453453
454454 (4) "Dealer" means any person engaged in the business of selling assistive technology devices to consumers.
455455
456456 (5) "Early termination cost" means an expense or obligation that a lessor incurs as a result of both the termination of a written lease for an assistive technology device before the expiration of the lease term and the return of an assistive technology device to a manufacturer under subsection (b) of section 42-331, including any penalty for prepayment required under any financing arrangement.
457457
458458 (6) "Early termination savings" means an expense or obligation that a lessor avoids as a result of both the termination of a written lease for an assistive technology device before the expiration of the lease term and the return of an assistive technology device to a manufacturer under subsection (b) of section 42-331, including any interest charge that the lessor would have paid to finance the assistive technology device or, if not so financed by the lessor, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of the consumer's remaining obligation under the lease as of the date of the early termination.
459459
460460 (7) "Express warranty" means an express warranty under section 42a-2-313 that is applicable to an assistive technology device.
461461
462462 (8) "Lessor" means any person who leases an assistive technology device to consumers or who possesses a lessor's rights under a written lease for an assistive technology device.
463463
464464 (9) "Manufacturer" means any person who manufactures or assembles assistive technology devices, and any agent of such person, including importers, distributors, factory branches, distributor branches and warrantors of such person's assistive technology devices, but does not include a dealer, a lessor or any person whose activity consists solely of referring consumers to a dealer, a lessor or any person described in this subdivision.
465465
466466 (10) "Nonconformity" means a condition, malfunction or defect that substantially impairs the use, value or safety of an assistive technology device or that is covered by an express warranty applicable to an assistive technology device, but does not include a condition or defect that is the result of abuse, neglect or unauthorized modification or alteration of the assistive technology device.
467467
468468 [(11) "Person with a disability" has the same meaning as set forth in section 46a-8.]
469469
470470 Sec. 51. Subdivision (1) of subsection (e) of section 8-23 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
471471
472472 (e) (1) Such plan of conservation and development shall (A) be a statement of policies, goals and standards for the physical and economic development of the municipality, (B) provide for a system of principal thoroughfares, parkways, bridges, streets, sidewalks, multipurpose trails and other public ways as appropriate, (C) be designed to promote, with the greatest efficiency and economy, the coordinated development of the municipality and the general welfare and prosperity of its people and identify areas where it is feasible and prudent (i) to have compact, transit accessible, pedestrian-oriented mixed use development patterns and land reuse, and (ii) to promote such development patterns and land reuse, (D) recommend the most desirable use of land within the municipality for residential, recreational, commercial, industrial, conservation, agricultural and other purposes and include a map showing such proposed land uses, (E) recommend the most desirable density of population in the several parts of the municipality, (F) note any inconsistencies with the following growth management principles: (i) Redevelopment and revitalization of commercial centers and areas of mixed land uses with existing or planned physical infrastructure; (ii) expansion of housing opportunities and design choices to accommodate a variety of household types and needs; (iii) concentration of development around transportation nodes and along major transportation corridors to support the viability of transportation options and land reuse; (iv) conservation and restoration of the natural environment, cultural and historical resources and existing farmlands; (v) protection of environmental assets critical to public health and safety; and (vi) integration of planning across all levels of government to address issues on a local, regional and state-wide basis, (G) make provision for the development of housing opportunities, including opportunities for multifamily dwellings, consistent with soil types, terrain and infrastructure capacity, for all residents of the municipality and the planning region in which the municipality is located, as designated by the Secretary of the Office of Policy and Management under section 16a-4a, (H) promote housing choice and economic diversity in housing, including housing for both low and moderate income households, and encourage the development of housing which will meet the housing needs identified in the state's consolidated plan for housing and community development prepared pursuant to section 8-37t and in the housing component and the other components of the state plan of conservation and development prepared pursuant to chapter 297, and (I) consider allowing older adults and persons with a disability the ability to live in their homes and communities whenever possible. Such plan may: (i) Permit home sharing in single-family zones between up to four adult persons of any age with a disability or who are sixty years of age or older, whether or not related, who receive supportive services in the home; (ii) allow accessory apartments for persons with a disability or persons sixty years of age or older, or their caregivers, in all residential zones, subject to municipal zoning regulations concerning design and long-term use of the principal property after it is no longer in use by such persons; and (iii) expand the definition of "family" in single-family zones to allow for accessory apartments for persons sixty years of age or older, persons with a disability or their caregivers. In preparing such plan the commission shall consider focusing development and revitalization in areas with existing or planned physical infrastructure. [For purposes of this subsection, "disability" has the same meaning as provided in section 46a-8.]
473473
474474 Sec. 52. Section 46a-10b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
475475
476476 (a) Not later than October 1, 2016, the Office of Policy and Management shall issue a request for information from nonprofit entities concerning the ability of such entities to serve as the Connecticut protection and advocacy system to provide advocacy services, including, but not limited to, a client assistance program for people with disabilities, which system shall be in compliance with all federal laws setting forth protection and advocacy system requirements, including, but not limited to, 42 USC 15041 to 15045, inclusive, as amended from time to time, and all federal laws setting forth client assistance program requirements, including, but not limited to, 29 USC 732, as amended from time to time.
477477
478478 [(b) Not later than November 1, 2016, the Office of Protection and Advocacy for Persons with Disabilities, established under section 46a-10, in consultation with the Board of Protection and Advocacy for Persons with Disabilities, established under section 46a-9, shall submit a plan to the Secretary of the Office of Policy and Management that (1) is consistent with state and federal law, (2) contains provisions for the effective transfer, not later than July 1, 2017, of the protection and advocacy and client assistance program functions of said office to a nonprofit entity, and (3) includes, but is not limited to, any proposed legislative changes.]
479479
480480 [(c)] (b) Notwithstanding the provisions of sections 4-212 to 4-219, inclusive, subdivision (21) of section 4e-1, and chapter 62a, not later than July 1, 2017, the Governor shall designate a nonprofit entity to serve as the Connecticut protection and advocacy system.
481481
482482 [(d)] (c) Notwithstanding the provisions of section 4e-16 and chapter 62a, prior to its abolishment under section 46a-10c on July 1, 2017, the Office of Protection and Advocacy for Persons with Disabilities, with the approval of the Office of Policy and Management, may contract with one or more nonstate entities to perform any functions that said office is permitted or required to perform, except those relating to investigations conducted pursuant to sections 46a-11a to 46a-11f, inclusive.
483483
484484 [(e)] (d) Nothing in chapter 10 shall prohibit any member of the Board of Advocacy and Protection for Persons with Disabilities or any employee of the Office of Protection and Advocacy for Persons with Disabilities from serving on the board of the Connecticut protection and advocacy system or working as an employee of such system, provided no state employee is employed by such system while employed by the state.
485485
486486 (e) The Department of Developmental Services shall constitute a successor department, in accordance with the provisions of sections 4-38d and 4-39, to the Office of Protection and Advocacy for Persons with Disabilities, with respect to investigations of allegations of abuse or neglect pursuant to sections 46a-11a to 46a-11h, inclusive, as amended by this act.
487487
488488 (f) The nonprofit entity designated by the Governor in accordance with this section to serve as the Connecticut protection and advocacy system shall report to the Governor not later than July 1, 2018, and thereafter annually on or before January first, and at any other time upon request of the Governor, concerning the status of services for people with disabilities, the operation of the nonprofit entity and administrative and legislative recommendations concerning the protection of the rights and welfare of people with disabilities living in Connecticut.
489489
490490 Sec. 53. Subsection (h) of section 17a-238 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
491491
492492 (h) Any person applying for services from the Commissioner of Developmental Services or any person placed by a probate court under the direction of the Commissioner of Developmental Services, and such person's parents or guardian, shall be informed orally and in writing at the time of application or placement of the rights guaranteed by this section. [and the provisions of subdivision (5) of section 46a-11.] A summary of such rights shall be posted conspicuously in the public areas of every public or private facility providing services to persons under the care of the Commissioner of Developmental Services.
493493
494494 Sec. 54. Sections 19a-12e, 29-269a, 46a-8, 46a-9, 46a-10, 46a-11, 46a-12 and 46a-13 of the general statutes are repealed. (Effective July 1, 2017)
495495
496496
497497
498498
499499 This act shall take effect as follows and shall amend the following sections:
500500 Section 1 July 1, 2017 19a-527
501501 Sec. 2 July 1, 2017 New section
502502 Sec. 3 July 1, 2017 New section
503503 Sec. 4 July 1, 2017 19a-491(e)
504504 Sec. 5 July 1, 2017 4-61aa(a)
505505 Sec. 6 July 1, 2017 8-119x
506506 Sec. 7 July 1, 2017 8-218h(a)
507507 Sec. 8 July 1, 2017 9-168d
508508 Sec. 9 July 1, 2017 10-76i(a)
509509 Sec. 10 July 1, 2017 10-236b(n)
510510 Sec. 11 July 1, 2017 17a-4a(b)
511511 Sec. 12 from passage 17a-210
512512 Sec. 13 July 1, 2017 17a-215d(a)
513513 Sec. 14 July 1, 2017 17a-219c(a)
514514 Sec. 15 July 1, 2017 17a-232(a)
515515 Sec. 16 from passage 17a-247f(b)
516516 Sec. 17 July 1, 2017 17a-248
517517 Sec. 18 from passage 17a-274
518518 Sec. 19 from passage 17a-451(d)
519519 Sec. 20 July 1, 2017 17b-337(c)
520520 Sec. 21 July 1, 2017 19a-535(c)
521521 Sec. 22 July 1, 2017 19a-537(h)
522522 Sec. 23 July 1, 2017 19a-542(a)
523523 Sec. 24 July 1, 2017 29-200
524524 Sec. 25 July 1, 2017 29-251
525525 Sec. 26 July 1, 2017 29-251b
526526 Sec. 27 July 1, 2017 29-259(b)
527527 Sec. 28 July 1, 2017 29-269(b)
528528 Sec. 29 July 1, 2017 29-270a
529529 Sec. 30 July 1, 2017 29-271
530530 Sec. 31 July 1, 2017 42-334
531531 Sec. 32 July 1, 2017 45a-656b(c)
532532 Sec. 33 July 1, 2017 45a-682(b)
533533 Sec. 34 July 1, 2017 45a-693
534534 Sec. 35 July 1, 2017 45a-694
535535 Sec. 36 July 1, 2017 46a-7
536536 Sec. 37 from passage 46a-11a
537537 Sec. 38 from passage 46a-11b
538538 Sec. 39 from passage 46a-11c
539539 Sec. 40 from passage 46a-11d
540540 Sec. 41 from passage 46a-11e
541541 Sec. 42 from passage 46a-11f
542542 Sec. 43 from passage 46a-11g
543543 Sec. 44 from passage 46a-11h
544544 Sec. 45 from passage 46a-13a
545545 Sec. 46 July 1, 2017 46a-152(h)
546546 Sec. 47 July 1, 2017 46a-153
547547 Sec. 48 July 1, 2017 52-259a
548548 Sec. 49 from passage 17b-650a
549549 Sec. 50 July 1, 2017 42-330
550550 Sec. 51 July 1, 2017 8-23(e)(1)
551551 Sec. 52 from passage 46a-10b
552552 Sec. 53 July 1, 2017 17a-238(h)
553553 Sec. 54 July 1, 2017 Repealer section
554554
555555 This act shall take effect as follows and shall amend the following sections:
556556
557557 Section 1
558558
559559 July 1, 2017
560560
561561 19a-527
562562
563563 Sec. 2
564564
565565 July 1, 2017
566566
567567 New section
568568
569569 Sec. 3
570570
571571 July 1, 2017
572572
573573 New section
574574
575575 Sec. 4
576576
577577 July 1, 2017
578578
579579 19a-491(e)
580580
581581 Sec. 5
582582
583583 July 1, 2017
584584
585585 4-61aa(a)
586586
587587 Sec. 6
588588
589589 July 1, 2017
590590
591591 8-119x
592592
593593 Sec. 7
594594
595595 July 1, 2017
596596
597597 8-218h(a)
598598
599599 Sec. 8
600600
601601 July 1, 2017
602602
603603 9-168d
604604
605605 Sec. 9
606606
607607 July 1, 2017
608608
609609 10-76i(a)
610610
611611 Sec. 10
612612
613613 July 1, 2017
614614
615615 10-236b(n)
616616
617617 Sec. 11
618618
619619 July 1, 2017
620620
621621 17a-4a(b)
622622
623623 Sec. 12
624624
625625 from passage
626626
627627 17a-210
628628
629629 Sec. 13
630630
631631 July 1, 2017
632632
633633 17a-215d(a)
634634
635635 Sec. 14
636636
637637 July 1, 2017
638638
639639 17a-219c(a)
640640
641641 Sec. 15
642642
643643 July 1, 2017
644644
645645 17a-232(a)
646646
647647 Sec. 16
648648
649649 from passage
650650
651651 17a-247f(b)
652652
653653 Sec. 17
654654
655655 July 1, 2017
656656
657657 17a-248
658658
659659 Sec. 18
660660
661661 from passage
662662
663663 17a-274
664664
665665 Sec. 19
666666
667667 from passage
668668
669669 17a-451(d)
670670
671671 Sec. 20
672672
673673 July 1, 2017
674674
675675 17b-337(c)
676676
677677 Sec. 21
678678
679679 July 1, 2017
680680
681681 19a-535(c)
682682
683683 Sec. 22
684684
685685 July 1, 2017
686686
687687 19a-537(h)
688688
689689 Sec. 23
690690
691691 July 1, 2017
692692
693693 19a-542(a)
694694
695695 Sec. 24
696696
697697 July 1, 2017
698698
699699 29-200
700700
701701 Sec. 25
702702
703703 July 1, 2017
704704
705705 29-251
706706
707707 Sec. 26
708708
709709 July 1, 2017
710710
711711 29-251b
712712
713713 Sec. 27
714714
715715 July 1, 2017
716716
717717 29-259(b)
718718
719719 Sec. 28
720720
721721 July 1, 2017
722722
723723 29-269(b)
724724
725725 Sec. 29
726726
727727 July 1, 2017
728728
729729 29-270a
730730
731731 Sec. 30
732732
733733 July 1, 2017
734734
735735 29-271
736736
737737 Sec. 31
738738
739739 July 1, 2017
740740
741741 42-334
742742
743743 Sec. 32
744744
745745 July 1, 2017
746746
747747 45a-656b(c)
748748
749749 Sec. 33
750750
751751 July 1, 2017
752752
753753 45a-682(b)
754754
755755 Sec. 34
756756
757757 July 1, 2017
758758
759759 45a-693
760760
761761 Sec. 35
762762
763763 July 1, 2017
764764
765765 45a-694
766766
767767 Sec. 36
768768
769769 July 1, 2017
770770
771771 46a-7
772772
773773 Sec. 37
774774
775775 from passage
776776
777777 46a-11a
778778
779779 Sec. 38
780780
781781 from passage
782782
783783 46a-11b
784784
785785 Sec. 39
786786
787787 from passage
788788
789789 46a-11c
790790
791791 Sec. 40
792792
793793 from passage
794794
795795 46a-11d
796796
797797 Sec. 41
798798
799799 from passage
800800
801801 46a-11e
802802
803803 Sec. 42
804804
805805 from passage
806806
807807 46a-11f
808808
809809 Sec. 43
810810
811811 from passage
812812
813813 46a-11g
814814
815815 Sec. 44
816816
817817 from passage
818818
819819 46a-11h
820820
821821 Sec. 45
822822
823823 from passage
824824
825825 46a-13a
826826
827827 Sec. 46
828828
829829 July 1, 2017
830830
831831 46a-152(h)
832832
833833 Sec. 47
834834
835835 July 1, 2017
836836
837837 46a-153
838838
839839 Sec. 48
840840
841841 July 1, 2017
842842
843843 52-259a
844844
845845 Sec. 49
846846
847847 from passage
848848
849849 17b-650a
850850
851851 Sec. 50
852852
853853 July 1, 2017
854854
855855 42-330
856856
857857 Sec. 51
858858
859859 July 1, 2017
860860
861861 8-23(e)(1)
862862
863863 Sec. 52
864864
865865 from passage
866866
867867 46a-10b
868868
869869 Sec. 53
870870
871871 July 1, 2017
872872
873873 17a-238(h)
874874
875875 Sec. 54
876876
877877 July 1, 2017
878878
879879 Repealer section
880880
881881 Statement of Purpose:
882882
883883 To implement the Governor's budget recommendations.
884884
885885 [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.]