Connecticut 2019 Regular Session

Connecticut House Bill HB07072 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	5		General Assembly Raised Bill No. 7072
8	6		January Session, 2019
9	7		LCO No. 3349
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12	10		Referred to Committee on AGING
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15	13		Introduced by:
16	14		(AGE)
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20	19		AN ACT INCREASING FUNDING FOR ELDERLY NUTRITION
21	20		SERVICES.
22	21		Be it enacted by the Senate and House of Representatives in General
23	22		Assembly convened:
24	23
25	24		Section 1. Subsection (a) of section 17b-242 of the general statutes is 1
26	25		repealed and the following is substituted in lieu thereof (Effective July 2
27	26		1, 2019): 3
28	27		(a) The Department of Social Services shall determine the rates to be 4
29	28		paid to home health care agencies and homemaker-home health aide 5
30	29		agencies by the state or any town in the state for persons aided or 6
31	30		cared for by the state or any such town. [For the period from February 7
32	31		1, 1991, to January 31, 1992, inclusive, payment for each service to the 8
33	32		state shall be based upon the rate for such service as determined by the 9
34	33		Office of Health Care Access, except that for those providers whose 10
35	34		Medicaid rates for the year ending January 31, 1991, exceed the median 11
36	35		rate, no increase shall be allowed. For those providers whose rates for 12
37	36		the year ending January 31, 1991, are below the median rate, increases 13
38	37		shall not exceed the lower of the prior rate increased by the most 14
39		-	recent annual increase in the consumer price index for urban 15
40		-	consumers or the median rate. In no case shall any such rate exceed the 16 Raised Bill No. 7072
	38	+	recent annual increase in the consumer price index for urban 15 Raised Bill No. 7072
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	44	+	consumers or the median rate. In no case shall any such rate exceed the 16
47	45		eightieth percentile of rates in effect January 31, 1991, nor shall any rate 17
48	46		exceed the charge to the general public for similar services. Rates 18
49	47		effective February 1, 1992, shall be based upon rates as determined by 19
50	48		the Office of Health Care Access, except that increases shall not exceed 20
51	49		the prior year's rate increased by the most recent annual increase in the 21
52	50		consumer price index for urban consumers and rates effective 22
53	51		February 1, 1992, shall remain in effect through June 30, 1993. Rates 23
54	52		effective July 1, 1993, shall be based upon rates as determined by the 24
55	53		Office of Health Care Access except if the Medicaid rates for any 25
56	54		service for the period ending June 30, 1993, exceed the median rate for 26
57	55		such service, the increase effective July 1, 1993, shall not exceed one 27
58	56		per cent. If the Medicaid rate for any service for the period ending June 28
59	57		30, 1993, is below the median rate, the increase effective July 1, 1993, 29
60	58		shall not exceed the lower of the prior rate increased by one and one-30
61	59		half times the most recent annual increase in the consumer price index 31
62	60		for urban consumers or the median rate plus one per cent.] The 32
63	61		Commissioner of Social Services shall establish a fee schedule for home 33
64	62		health services to be effective on and after July 1, 1994. The 34
65	63		commissioner may annually modify such fee schedule if such 35
66	64		modification is needed to ensure that the conversion to an 36
67	65		administrative services organization is cost neutral to home health care 37
68	66		agencies and homemaker-home health aide agencies in the aggregate 38
69	67		and ensures patient access. Utilization may be a factor in determining 39
70	68		cost neutrality. The commissioner shall increase the fee schedule for 40
71	69		home health services provided under the Connecticut home-care 41
72	70		program for the elderly established under section 17b-342, effective 42
73	71		July 1, 2000, by two per cent over the fee schedule for home health 43
74	72		services for the previous year. Effective July 1, 2019, the commissioner 44
75	73		shall increase the fee schedule for meals on wheels provided under the 45
76	74		Connecticut home-care program for the elderly by ten per cent over the 46
77	75		fee schedule for meals on wheels for the previous fiscal year. The 47
78	76		commissioner may increase any fee payable to a home health care 48
79	77		agency or homemaker-home health aide agency upon the application 49
80		-	of such an agency evidencing extraordinary costs related to (1) serving 50
81		-	persons with AIDS; (2) high-risk maternal and child health care; (3) 51 Raised Bill No. 7072
	78	+	of such an agency evidencing extraordinary costs related to (1) serving 50 Raised Bill No. 7072
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	84	+	persons with AIDS; (2) high-risk maternal and child health care; (3) 51
88	85		escort services; or (4) extended hour services. In no case shall any rate 52
89	86		or fee exceed the charge to the general public for similar services. A 53
90	87		home health care agency or homemaker-home health aide agency 54
91	88		which, due to any material change in circumstances, is aggrieved by a 55
92	89		rate determined pursuant to this subsection may, within ten days of 56
93	90		receipt of written notice of such rate from the Commissioner of Social 57
94	91		Services, request in writing a hearing on all items of aggrievement. The 58
95	92		commissioner shall, upon the receipt of all documentation necessary to 59
96	93		evaluate the request, determine whether there has been such a change 60
97	94		in circumstances and shall conduct a hearing if appropriate. The 61
98	95		Commissioner of Social Services shall adopt regulations, in accordance 62
99	96		with chapter 54, to implement the provisions of this subsection. The 63
100	97		commissioner may implement policies and procedures to carry out the 64
101	98		provisions of this subsection while in the process of adopting 65
102	99		regulations, provided notice of intent to adopt the regulations is 66
103	100		[published in the Connecticut Law Journal] posted on the Internet web 67
104	101		site of the Department of Social Services and the eRegulations System not 68
105	102		later than twenty days after the date of implementing the policies and 69
106	103		procedures. Such policies and procedures shall be valid for not longer 70
107	104		than nine months. 71
108	105		Sec. 2. Section 17b-343 of the general statutes is repealed and the 72
109	106		following is substituted in lieu thereof (Effective July 1, 2019): 73
110	107		The Commissioner of Social Services shall establish annually the 74
111	108		maximum allowable rate to be paid by agencies for homemaker 75
112	109		services, chore person services, companion services, respite care, meals 76
113	110		on wheels, adult day care services, case management and assessment 77
114	111		services, transportation, mental health counseling and elderly foster 78
115	112		care. [, except that the maximum allowable rates in effect July 1, 1990, 79
116	113		shall remain in effect during the fiscal years ending June 30, 1992, and 80
117	114		June 30, 1993.] The Commissioner of Social Services shall prescribe 81
118	115		uniform forms on which agencies providing such services shall report 82
119	116		their costs for such services. Such rates shall be determined on the 83
120	117		basis of a reasonable payment for necessary services rendered. The 84 Raised Bill No. 7072
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127	123		maximum allowable rates established by the Commissioner of Social 85
128	124		Services for the Connecticut home-care program for the elderly 86
129	125		established under section 17b-342 shall constitute the rates required 87
130	126		under this section until revised in accordance with this section. The 88
131	127		Commissioner of Social Services shall establish a fee schedule, to be 89
132	128		effective on and after July 1, 1994, for homemaker services, chore 90
133	129		person services, companion services, respite care, meals on wheels, 91
134	130		adult day care services, case management and assessment services, 92
135	131		transportation, mental health counseling and elderly foster care. The 93
136	132		commissioner may annually increase [any fee in] the fee schedule 94
137	133		based on an increase in the cost of services. The commissioner shall 95
138	134		increase the fee schedule effective July 1, 2000, by not less than five per 96
139	135		cent, for adult day care services. The commissioner shall increase the 97
140	136		fee schedule effective July 1, 2011, by four dollars per person, per day 98
141	137		for adult day care services. The commissioner shall increase the fee 99
142	138		schedule effective July 1, 2019, for meals on wheels provided under the 100
143	139		Connecticut home-care program for the elderly by ten per cent over the 101
144	140		fee schedule for meals on wheels for the previous fiscal year. Nothing 102
145	141		contained in this section shall authorize a payment by the state to any 103
146	142		agency for such services in excess of the amount charged by such 104
147	143		agency for such services to the general public. 105
148	144		This act shall take effect as follows and shall amend the following
149	145		sections:
150	146
151	147		Section 1 July 1, 2019 17b-242(a)
152	148		Sec. 2 July 1, 2019 17b-343
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154		-	AGE Joint Favorable
	150	+	Statement of Purpose:
	151	+	To increase funding for meals on wheels in the Connecticut home-care
	152	+	program for the elderly by ten per cent from fiscal 2018 rates.
	153	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	154	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	155	+	not underlined.]
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