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repealed and the following is substituted in lieu thereof (Effective July 2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