LCO No. 4509 1 of 79
General Assembly Governor's Bill No. 7163
January Session, 2019
LCO No. 4509
Referred to Committee on HUMAN SERVICES
Introduced by:
REP. ARESIMOWICZ, 30
th
Dist.
REP. RITTER M., 1
st
Dist.
SEN. LOONEY, 11
th
Dist.
SEN. DUFF, 25
th
Dist.
AN ACT IMPLEMENTING THE GOVERNOR'S BUDGE T
RECOMMENDATIONS FOR THE DEPARTMENT OF AG ING AND
DISABILITY SERVICES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (c) of section 3-123aa of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective 2
October 1, 2019): 3
(c) There is established an advisory committee to the Connecticut 4
Homecare Option Program for the Elderly, which shall consist of the 5
State Treasurer, the State Comptroller, the Commissioner of Social 6
Services, the Commissioner of [Rehabilitation] Aging and Disability 7
Services, the director of the long-term care partnership policy program 8
within the Office of Policy and Management, and the cochairpersons 9
and ranking members of the joint standing committees of the General 10
Assembly having cognizance of matters relating to aging, human 11
Bill No. 7163
LCO No. 4509 2 of 79
services and finance, revenue and bonding, or their designees. The 12
Governor shall appoint one provider of home care services for the 13
elderly and a physician specializing in geriatric care. The advisory 14
committee shall meet at least annually. The State Comptroller shall 15
convene the meetings of the committee. 16
Sec. 2. Section 4-5 of the general statutes is repealed and the 17
following is substituted in lieu thereof (Effective October 1, 2019): 18
As used in sections 4-6, 4-7 and 4-8, the term "department head" 19
means Secretary of the Office of Policy and Management, 20
Commissioner of Administrative Services, Commissioner of Revenue 21
Services, Banking Commissioner, Commissioner of Children and 22
Families, Commissioner of Consumer Protection, Commissioner of 23
Correction, Commissioner of Economic and Community Development, 24
State Board of Education, Commissioner of Emergency Services and 25
Public Protection, Commissioner of Energy and Environmental 26
Protection, Commissioner of Agriculture, Commissioner of Public 27
Health, Insurance Commissioner, Labor Commissioner, Commissioner 28
of Mental Health and Addiction Services, Commissioner of Social 29
Services, Commissioner of Developmental Services, Commissioner of 30
Motor Vehicles, Commissioner of Transportation, Commissioner of 31
Veterans Affairs, Commissioner of Housing, Commissioner of 32
[Rehabilitation] Aging and Disability Services, the Commissioner of 33
Early Childhood, the executive director of the Office of Military Affairs 34
and the executive director of the Office of Health Strategy. As used in 35
sections 4-6 and 4-7, "department head" also means the Commissioner 36
of Education. 37
Sec. 3. Section 4-5 of the general statutes, as amended by section 3 of 38
public act 18-91, is repealed and the following is substituted in lieu 39
thereof (Effective October 1, 2019): 40
As used in sections 4-6, 4-7 and 4-8, the term "department head" 41
means Secretary of the Office of Policy and Management, 42
Bill No. 7163
LCO No. 4509 3 of 79
Commissioner of Administrative Services, Commissioner on Aging, 43
Commissioner of Revenue Services, Banking Commissioner, 44
Commissioner of Children and Families, Commissioner of Consumer 45
Protection, Commissioner of Correction, Commissioner of Economic 46
and Community Development, State Board of Education, 47
Commissioner of Emergency Servic es and Public Protection, 48
Commissioner of Energy and Environmental Protection, 49
Commissioner of Agriculture, Commissioner of Public Health, 50
Insurance Commissioner, Labor Commissioner, Commissioner of 51
Mental Health and Addiction Services, Commissioner of Social 52
Services, Commissioner of Developmental Services, Commissioner of 53
Motor Vehicles, Commissioner of Transportation, Commissioner of 54
Veterans Affairs, Commissioner of Housing, Commissioner of 55
[Rehabilitation] Aging and Disability Services, the Commissioner of 56
Early Childhood, the executive director of the Office of Military 57
Affairs, and the executive director of the Office of Health Strategy. As 58
used in sections 4-6 and 4-7, "department head" also means the 59
Commissioner of Education. 60
Sec. 4. Section 4-5 of the general statutes, as amended by section 6 of 61
public act 17-237, section 279 of public act 17-2 of the June special 62
session and section 20 of public act 18-182, is repealed and the 63
following is substituted in lieu thereof (Effective July 1, 2020): 64
As used in sections 4-6, 4-7 and 4-8, the term "department head" 65
means Secretary of the Office of Policy and Management, 66
Commissioner of Administrative Services, Commissioner of Revenue 67
Services, Banking Commissioner, Commissioner of Children and 68
Families, Commissioner of Consumer Protection, Commissioner of 69
Correction, Commissioner of Economic and Community Development, 70
State Board of Education, Commissioner of Emergency Services and 71
Public Protection, Commissioner of Energy and Environmental 72
Protection, Commissioner of Agriculture, Commissioner of Public 73
Health, Insurance Commissioner, Labor Commissioner, Commissioner 74
of Mental Health and Addiction Services, Commissioner of Social 75
Bill No. 7163
LCO No. 4509 4 of 79
Services, Commissioner of Developmental Services, Commissioner of 76
Motor Vehicles, Commissioner of Transportation, Commissioner of 77
Veterans Affairs, Commissioner of Housing, Commissioner of 78
[Rehabilitation] Aging and Disability Services, the Commissioner of 79
Early Childhood, the executive director of the Office of Military Affairs 80
and the executive director of the Technical Education and Career 81
System. As used in sections 4-6 and 4-7, "department head" also means 82
the Commissioner of Education. 83
Sec. 5. Section 4-38c of the general statutes is repealed and the 84
following is substituted in lieu thereof (Effective October 1, 2019): 85
There shall be within the executive branch of state government the 86
following departments: Office of Policy and Management, Department 87
of Administrative Services, Department of Revenue Services, 88
Department of Banking, Department of Agriculture, Department of 89
Children and Families, Department of Consumer Protection, 90
Department of Correction, Department of Economic and Community 91
Development, State Board of Education, Department of Emergency 92
Services and Public Protection, Department of Energy and 93
Environmental Protection, Department of Public Health, Board of 94
Regents for Higher Education, Insurance Department, Labor 95
Department, Department of Mental Health and Addiction Services, 96
Department of Developmental Services, Department of Social Services, 97
Department of [Rehabilitation] Aging and Disability Services, 98
Department of Transportation, Department of Motor Vehicles and 99
Department of Veterans Affairs. 100
Sec. 6. Section 4-38c of the general statutes, as amended by section 101
13 of public act 18-169, is repealed and the following is substituted in 102
lieu thereof (Effective October 1, 2019): 103
There shall be within the executive branch of state government the 104
following departments: Office of Policy and Management, Department 105
of Administrative Services, Department on Aging, Department of 106
Bill No. 7163
LCO No. 4509 5 of 79
Revenue Services, Department of Banking, Department of Agriculture, 107
Department of Children and Families, Department of Consumer 108
Protection, Department of Correction, Department of Economic and 109
Community Development, State Board of Education, Department of 110
Emergency Services and Public Protection, Department of Energy and 111
Environmental Protection, Department of Public Health, Board of 112
Regents for Higher Education, Insurance Department, Labor 113
Department, Department of Mental Health and Addiction Services, 114
Department of Developmental Services, Department of Social Services, 115
Department of [Rehabilitation] Aging and Disability Services, 116
Department of Transportation, Department of Motor Vehicles and 117
Department of Veterans Affairs. 118
Sec. 7. Subsection (a) of section 4-61aa of the general statutes is 119
repealed and the following is substituted in lieu thereof (Effective 120
October 1, 2019): 121
(a) For purposes of this section, "state Americans with Disabilities 122
Act coordinator" means the person appointed by the Governor to 123
coordinate state compliance with the federal Americans with 124
Disabilities Act of 1990. There is established a committee to advise the 125
state Americans with Disabilities Act coordinator. The state Americans 126
with Disabilities Act coordinator shall appoint the members of the 127
committee, which shall be chaired by said coordinator, or his designee, 128
and include at least one representative of each of the following: 129
(1) The Board of Education and Services to the Blind; 130
(2) The Advisory Board for Persons Who are Deaf or Hard of 131
Hearing; 132
(3) The Department of [Rehabilitation] Aging and Disability 133
Services; 134
(4) The Department of Mental Health and Addiction Services; 135
Bill No. 7163
LCO No. 4509 6 of 79
(5) The Department of Developmental Services; 136
(6) The Labor Department; 137
(7) The Department of Administrative Services; and 138
(8) The Commission on Human Rights and Opportunities. 139
Sec. 8. Subsection (g) of section 4-89 of the general statutes is 140
repealed and the following is substituted in lieu thereof (Effective 141
October 1, 2019): 142
(g) The provisions of this section shall not apply to appropriations 143
to the Department of [Rehabilitation] Aging and Disability Services in 144
an amount not greater than the amount of reimbursements of prior 145
year expenditures for the services of interpreters received by the 146
department during the fiscal year pursuant to section 46a-33b, as 147
amended by this act, and such appropriations shall not lapse until the 148
end of the fiscal year succeeding the fiscal year of the appropriation. 149
Sec. 9. Subdivision (7) of section 4-274 of the general statutes is 150
repealed and the following is substituted in lieu thereof (Effective 151
October 1, 2019): 152
(7) "State-administered health or human services program" means 153
programs administered by any of the following: The Department of 154
Children and Families, the Department of Developmental Services, the 155
Department of Mental Health and Addiction Services, the Department 156
of Public Health, the Department of [Rehabilitation] Aging and 157
Disability Services, the Department of Social Services, the Office of 158
Early Childhood, and the Office of the State Comptroller, for the State 159
Employee and Retiree Health programs, as well as other health care 160
programs administered by the Office of the State Comptroller, and the 161
Department of Administrative Services, for Workers' Compensation 162
medical claims, including such programs reimbursed in whole or in 163
part by the federal government. 164
Bill No. 7163
LCO No. 4509 7 of 79
Sec. 10. Subdivision (1) of subsection (a) of section 4a-82 of the 165
general statutes is repealed and the following is substituted in lieu 166
thereof (Effective October 1, 2019): 167
(1) "Person with a disability" means any individual with a disability, 168
excluding blindness, as such term is applied by the Department of 169
Mental Health and Addiction Services, the Department of 170
Developmental Services, the Department of [Rehabilitation] Aging and 171
Disability Services or the United States Department of Veterans Affairs 172
and who is certified by the Department of [Rehabilitation] Aging and 173
Disability Services as qualified to participate in a qualified partnership, 174
as described in subsections (e) to (l), inclusive, of this section; 175
Sec. 11. Subsections (h) to (k), inclusive, of section 4a-82 of the 176
general statutes are repealed and the following is substituted in lieu 177
thereof (Effective October 1, 2019): 178
(h) The Connecticut Community Providers Association shall 179
develop an application process and submit a list of employees who 180
have applied to participate in a partnership to the Department of 181
[Rehabilitation] Aging and Disability Services for certification. Such 182
association shall maintain a list of certified employees who are persons 183
with disabilities and community rehabilitation programs. 184
(i) Any qualified partnership awarded a janitorial or service contract 185
pursuant to the provisions of subsections (b) to (d), inclusive, of this 186
section shall provide to the Connecticut Community Providers 187
Association, not later than six months after the commencement date of 188
such contract and annually thereafter, a list of the persons with 189
disabilities and persons with a disadvantage employed by such 190
contractor that includes the date of hire and employment location for 191
each such person. Such association shall certify annually to the 192
Department of Administrative Services, the Judicial Branch or the 193
Board of Regents for Higher Education, as applicable, in such manner 194
and form as prescribed by the Commissioner of Administrative 195
Bill No. 7163
LCO No. 4509 8 of 79
Services, Chief Court Administrator or the president of the Board of 196
Regents for Higher Education, that the requisite number of persons 197
with disabilities for such contract continue to be employed by such 198
contractor in positions equivalent to those created under such contract 199
and have been integrated into the general workforce of such 200
contractor. 201
(j) Notwithstanding any other provision of the general statutes, the 202
responsibilities of the Department of [Rehabilitation] Aging and 203
Disability Services, as established in subsections (e) to (l), inclusive, of 204
this section, may not be delegated to an outside vendor. 205
(k) The Commissioner of [Rehabilitation] Aging and Disability 206
Services may adopt regulations, in accordance with the provisions of 207
chapter 54, to undertake the certification requirements established 208
pursuant to subsections (e) to (l), inclusive, of this section. 209
Sec. 12. Subsection (a) of section 5-175a of the general statutes is 210
repealed and the following is substituted in lieu thereof (Effective 211
October 1, 2019): 212
(a) Vending stand operators, operating stands under permits held 213
by the Department of [Rehabilitation] Aging and Disability Services 214
pursuant to section 10-303, as amended by this act, shall be members of 215
the state employees retirement system, part A, exclusive of the Social 216
Security option and benefits in the state employees' retirement system 217
dependent thereon. Each such person shall annually, on or before June 218
thirtieth, pay five per cent of his adjusted gross income, arising out of 219
the operation of such stand, as determined under the Internal Revenue 220
Code, during the calendar year preceding to the Department of 221
[Rehabilitation] Aging and Disability Services which shall, as the state 222
administering agency for such persons, certify such payment and pay 223
it over to the State Retirement Commission, provided membership of 224
such persons in said system shall be exclusive of disability retirement 225
upon the grounds of defects of vision. 226
Bill No. 7163
LCO No. 4509 9 of 79
Sec. 13. Subdivision (22) of section 5-198 of the general statutes is 227
repealed and the following is substituted in lieu thereof (Effective 228
October 1, 2019): 229
(22) Professional employees in the education professions bargaining 230
unit of the Department of [Rehabilitation] Aging and Disability 231
Services; 232
Sec. 14. Subsection (e) of section 5-259 of the general statutes is 233
repealed and the following is substituted in lieu thereof (Effective 234
October 1, 2019): 235
(e) Notwithstanding the provisions of subsection (a) of this section, 236
vending stand operators eligible for membership in the state 237
employees retirement system pursuant to section 5-175a, as amended 238
by this act, shall be eligible for coverage under the group 239
hospitalization and medical and surgical insurance plans procured 240
under this section, provided the cost for such operators' insurance 241
coverage shall be paid by the Department of [Rehabilitation] Aging 242
and Disability Services from vending machine income pursuant to 243
section 10-303, as amended by this act. 244
Sec. 15. Section 7-127b of the general statutes is repealed and the 245
following is substituted in lieu thereof (Effective October 1, 2019): 246
(a) The chief elected official or the chief executive officer if by 247
ordinance of each municipality shall appoint a municipal agent for 248
elderly persons. Such agent shall be a member of an agency that serves 249
elderly persons in the municipality or a responsible resident of the 250
municipality who has demonstrated an interest in the elderly or has 251
been involved in programs in the field of aging. 252
(b) The duties of the municipal agent may include, but shall not be 253
limited to, (1) disseminating information to elderly persons, assisting 254
such persons in learning about the community resources available to 255
them and publicizing such resources and benefits; (2) assisting elderly 256
Bill No. 7163
LCO No. 4509 10 of 79
persons to apply for federal and other benefits available to such 257
persons; and (3) reporting to the chief elected official or chief executive 258
officer of the municipality and the Department of [Rehabilitation] 259
Aging and Disability Services any needs and problems of the elderly 260
and any recommendations for action to improve services to the 261
elderly. 262
(c) Each municipal agent shall serve for a term of two or four years, 263
at the discretion of the appointing authority of each municipality, and 264
may be reappointed. If more than one agent is necessary to carry out 265
the purposes of this section, the appointing authority, in its discretion, 266
may appoint one or more assistant agents. The town clerk in each 267
municipality shall notify the Department of [Rehabilitation] Aging and 268
Disability Services immediately of the appointment of a new municipal 269
agent. Each municipality may provide to its municipal agent resources 270
sufficient for such agent to perform the duties of the office. 271
(d) The Department of [Rehabilitation] Aging and Disability 272
Services shall adopt and disseminate to municipalities guidelines as to 273
the role and duties of municipal agents and such informational and 274
technical materials as may assist such agents in performance of their 275
duties. The department, in cooperation with the area agencies on 276
aging, may provide training for municipal agents within the available 277
resources of the department and of the agencies on aging. 278
Sec. 16. Section 8-119f of the general statutes is repealed and the 279
following is substituted in lieu thereof (Effective October 1, 2019): 280
The Commissioner of Housing shall design, implement, operate and 281
monitor a program of congregate housing. For the purpose of this 282
program, the Commissioner of Housing shall consult with the 283
Commissioner of [Rehabilitation] Aging and Disability Services for the 284
provision of services for persons with physical disabilities in order to 285
comply with the requirements of section 29-271. 286
Sec. 17. Subsection (c) of section 9-20 of the general statutes is 287
Bill No. 7163
LCO No. 4509 11 of 79
repealed and the following is substituted in lieu thereof (Effective 288
October 1, 2019): 289
(c) The application for admission as an elector shall include a 290
statement that (1) specifies each eligibility requirement, (2) contains an 291
attestation that the applicant meets each such requirement, and (3) 292
requires the signature of the applicant under penalty of perjury. Each 293
registrar of voters and town clerk shall maintain a copy of such 294
statement in braille, large print and audio form. The Department of 295
[Rehabilitation] Aging and Disability Services shall produce a 296
videotape presenting such statement in voice and sign language and 297
provide the videotape to the Secretary of the State who shall make 298
copies of the videotape and provide a copy to the registrars of voters of 299
any municipality, upon request and at a cost equal to the cost of 300
making the copy. If a person applies for admission as an elector in 301
person to an admitting official, such admitting official shall, upon the 302
request of the applicant, administer the elector's oath. 303
Sec. 18. Subsection (a) of section 10-76i of the general statutes is 304
repealed and the following is substituted in lieu thereof (Effective 305
October 1, 2019): 306
(a) There shall be an Advisory Council for Special Education which 307
shall advise the General Assembly, State Board of Education and the 308
Commissioner of Education, and which shall engage in such other 309
activities as described in this section. On and after July 1, 2012, the 310
advisory council shall consist of the following members: (1) Nine 311
appointed by the Commissioner of Education, (A) six of whom shall be 312
(i) the parents of children with disabilities, provided such children are 313
under the age of twenty-seven, or (ii) individuals with disabilities, (B) 314
one of whom shall be an official of the Department of Education, (C) 315
one of whom shall be a state or local official responsible for carrying 316
out activities under Subtitle B of Title VII of the McKinney-Vento 317
Homeless Assistance Act, 42 USC 11431 et seq., as amended from time 318
to time, and (D) one of whom shall be a representative of an institution 319
Bill No. 7163
LCO No. 4509 12 of 79
of higher education in the state that prepares teacher and related 320
services personnel; (2) one appointed by the Commissioner of 321
Developmental Services who shall be an official of the department; (3) 322
one appointed by the Commissioner of Children and Families who 323
shall be an official of the department; (4) one appointed by the 324
Commissioner of Correction who shall be an official of the department; 325
(5) one appointed by the director of the Parent Leadership Training 326
Institute within the Commission on Women, Children and Seniors 327
who shall be (A) the parent of a child with a disability, provided such 328
child is under the age of twenty-seven, or (B) an individual with a 329
disability; (6) a representative from the parent training and 330
information center for Connecticut established pursuant to the 331
Individuals With Disabilities Education Act, 20 USC 1400 et seq., as 332
amended from time to time; (7) the Commissioner of [Rehabilitation] 333
Aging and Disability Services, or the commissioner's designee; (8) five 334
who are members of the General Assembly who shall serve as 335
nonvoting members of the advisory council, one appointed by the 336
speaker of the House of Representatives, one appointed by the 337
majority leader of the House of Representatives, one appointed by the 338
minority leader of the House of Representatives, one appointed by the 339
president pro tempore of the Senate and one appointed by the 340
minority leader of the Senate; (9) one appointed by the president pro 341
tempore of the Senate who shall be a member of the Connecticut 342
Speech-Language-Hearing Association; (10) one appointed by the 343
majority leader of the Senate who shall be a public school teacher; (11) 344
one appointed by the minority leader of the Senate who shall be a 345
representative of a vocational, community or business organization 346
concerned with the provision of transitional services to children with 347
disabilities; (12) one appointed by the speaker of the House of 348
Representatives who shall be a member of the Connecticut Council of 349
Special Education Administrators and who is a local education official; 350
(13) one appointed by the majority leader of the House of 351
Representatives who shall be a representative of charter schools; (14) 352
one appointed by the minority leader of the House of Representatives 353
Bill No. 7163
LCO No. 4509 13 of 79
who shall be a member of the Connecticut Association of Private 354
Special Education Facilities; (15) one appointed by the Chief Court 355
Administrator of the Judicial Department who shall be an official of 356
such department responsible for the provision of services to 357
adjudicated children and youth; (16) seven appointed by the Governor, 358
all of whom shall be (A) the parents of children with disabilities, 359
provided such children are under the age of twenty-seven, or (B) 360
individuals with disabilities; (17) the executive director of the 361
nonprofit entity designated by the Governor in accordance with 362
section 46a-10b to serve as the Connecticut protection and advocacy 363
system, or the executive director's designee; and (18) such other 364
members as required by the Individuals with Disabilities Education 365
Act, 20 USC 1400 et seq., as amended from time to time, appointed by 366
the Commissioner of Education. Appointments made pursuant to the 367
provisions of this section shall be representative of the ethnic and 368
racial diversity of, and the types of disabilities found in, the state 369
population. The terms of the members of the council serving on June 8, 370
2010, shall expire on June 30, 2010. Appointments shall be made to the 371
council by July 1, 2010. Members shall serve two-year terms, except 372
that members appointed pursuant to subdivisions (1) to (3), inclusive, 373
of this subsection whose terms commenced July 1, 2010, shall serve 374
three-year terms and the successors to such members appointed 375
pursuant to subdivisions (1) to (3), inclusive, of this subsection shall 376
serve two-year terms. 377
Sec. 19. Subsection (a) of section 10-76y of the general statutes is 378
repealed and the following is substituted in lieu thereof (Effective 379
October 1, 2019): 380
(a) Notwithstanding any provision of the general statutes, school 381
districts, regional educational service centers, the Department of 382
[Rehabilitation] Aging and Disability Services, and all other state and 383
local governmental agencies concerned with education may loan, lease 384
or transfer an assistive device for the use and benefit of a student with 385
a disability to such student or the parent or guardian of such student 386
Bill No. 7163
LCO No. 4509 14 of 79
or to any other public or private nonprofit agency providing services 387
to or on behalf of individuals with disabilities including, but not 388
limited to, an agency providing educational, health or rehabilitative 389
services. Such device may be sold or transferred pursuant to this 390
section regardless of whether the device was declared surplus. The sale 391
or transfer shall be recorded in an agreement between the parties and 392
based upon the depreciated value of the device. For the purposes of 393
this section, "assistive device" means any item, piece of equipment or 394
product system, whether acquired commercially off -the-shelf, 395
modified or customized, that is used to increase, maintain or improve 396
the functional capabilities of individuals with disabilities. 397
Sec. 20. Subdivision (1) of subsection (b) of section 10-293 of the 398
general statutes is repealed and the following is substituted in lieu 399
thereof (Effective October 1, 2019): 400
(b) (1) The Advisory Board for Persons Who are Blind or Visually 401
Impaired shall consist of members appointed as follows: Six appointed 402
by the Governor, one appointed by the president pro tempore of the 403
Senate, one appointed by the speaker of the House of Representatives, 404
one appointed by the majority leader of the Senate, one appointed by 405
the minority leader of the Senate, one appointed by the majority leader 406
of the House of Representatives and one appointed by the minority 407
leader of the House of Representatives and all shall be residents of the 408
state. The Commissioner of Social Services shall be an ex-officio 409
member. One of the members appointed by the Governor shall be the 410
parent of a child who receives services provided by the Department of 411
[Rehabilitation] Aging and Disability Services, and not less than two of 412
the members appointed by the Governor shall be persons who are 413
blind. 414
Sec. 21. Section 10-295 of the general statutes is repealed and the 415
following is substituted in lieu thereof (Effective October 1, 2019): 416
(a) All residents of this state, regardless of age, who, because of 417
Bill No. 7163
LCO No. 4509 15 of 79
blindness or impaired vision, require specialized vision-related 418
educational programs, goods and services, on the signed 419
recommendation of the Commissioner of [Rehabilitation] Aging and 420
Disability Services, shall be entitled to receive such instruction, 421
programs, goods and services for such length of time as is deemed 422
expedient by said commissioner. Upon the petition of any parent or 423
guardian of a child who is blind or visually impaired, a local board of 424
education may provide such instruction within the town or it may 425
provide for such instruction by agreement with other towns as 426
provided in subsection (d) of section 10-76d. All educational privileges 427
prescribed in part V of chapter 164, not inconsistent with the 428
provisions of this chapter, shall apply to the pupils covered by this 429
subsection. 430
(b) The Commissioner of [Rehabilitation] Aging and Disability 431
Services shall expend funds for the services made available pursuant 432
to subsection (a) of this section from the educational aid for children 433
who are blind or visually impaired account in accordance with the 434
provisions of this subsection. The Commissioner of [Rehabilitation] 435
Aging and Disability Services may adopt, in accordance with the 436
provisions of chapter 54, such regulations as the commissioner deems 437
necessary to carry out the purpose and intent of this subsection. 438
(1) The Commissioner of [Rehabilitation] Aging and Disability 439
Services shall provide, upon written request from any interested 440
school district, the services of teachers who instruct students who are 441
visually impaired, based on the levels established in the individualized 442
education or service plan. The Commissioner of [Rehabilitation] Aging 443
and Disability Services shall also make available resources, including, 444
but not limited to, the braille and large print library, to all teachers of 445
public and nonpublic school children. The commissioner may also 446
provide vision-related professional development and training to all 447
school districts and cover the actual cost for paraprofessionals from 448
school districts to participate in agency-sponsored braille training 449
programs. The commissioner shall utilize education consultant 450
Bill No. 7163
LCO No. 4509 16 of 79
positions, funded by moneys appropriated from the General Fund, to 451
supplement new staffing that will be made available through the 452
educational aid for children who are blind or visually impaired 453
account, which shall be governed by formal written policies 454
established by the commissioner. 455
(2) The Commissioner of [Rehabilitation] Aging and Disability 456
Services may use funds appropriated to said account to provide 457
specialized books, materials, equipment, supplies, adaptive technology 458
services and devices, specialist examinations and aids, preschool 459
programs and vision-related independent living services, excluding 460
primary educational placement, for eligible children. 461
(3) The Commissioner of [Rehabilitation] Aging and Disability 462
Services may, within available appropriations, employ certified 463
teachers who instruct students who are visually impaired in sufficient 464
numbers to meet the requests for services received from school 465
districts. In responding to such requests, the commissioner shall utilize 466
a formula for determining the number of teachers needed to serve the 467
school districts, crediting six points for each child learning braille and 468
one point for each other child, with one full-time certified teacher who 469
instructs students who are visually impaired assigned for every 470
twenty-five points credited. The commissioner shall exercise due 471
diligence to employ the needed number of certified teachers who 472
instruct students who are visually impaired, but shall not be liable for 473
lack of resources. Funds appropriated to said account may also be 474
utilized to employ additional staff in numbers sufficient to provide 475
compensatory skills, evaluations and training to children who are 476
blind or visually impaired, special assistants and other support staff 477
necessary to ensure the efficient operation of service delivery. Not later 478
than October first of each year, the Commissioner of [Rehabilitation] 479
Aging and Disability Services shall determine the number of teachers 480
needed based on the formula provided in this subdivision. Based on 481
such determination, the Commissioner of [Rehabilitation] Aging and 482
Disability Services shall estimate the funding needed to pay such 483
Bill No. 7163
LCO No. 4509 17 of 79
teachers' salaries and related expenses. 484
(4) In any fiscal year, when funds appropriated to cover the 485
combined costs associated with providing the services set forth in 486
subdivisions (2) and (3) of this subsection are projected to be 487
insufficient, the Commissioner of [Rehabilitation] Aging and Disability 488
Services may collect revenue from all school districts that have 489
requested such services on a per student pro rata basis, in the sums 490
necessary to cover the projected portion of these services for which 491
there are insufficient appropriations. 492
(c) The Commissioner of [Rehabilitation] Aging and Disability 493
Services may provide for the instruction of adults who are blind in 494
their homes, expending annually for this purpose such sums as the 495
General Assembly may appropriate. 496
(d) The Commissioner of [Rehabilitation] Aging and Disability 497
Services may expend up to ten thousand dollars per fiscal year per 498
person twenty-one years of age or older who is both blind or visually 499
impaired and deaf, in addition to any other expenditures for such 500
person, for the purpose of providing community inclusion services 501
through specialized public and private entities from which such 502
person can benefit. The commissioner may determine the criteria by 503
which a person is eligible to receive specialized services and may 504
adopt regulations necessary to carry out the provisions of this 505
subsection. For purposes of this subsection, "community inclusion 506
services" means the assistance provided to persons with disabilities to 507
enable them to connect with their peers without disabilities and with 508
the community at large. 509
(e) The Commissioner of [Rehabilitation] Aging and Disability 510
Services may, within available appropriations, purchase adaptive 511
equipment for persons receiving services pursuant to this chapter. 512
Sec. 22. Section 10-296 of the general statutes is repealed and the 513
following is substituted in lieu thereof (Effective October 1, 2019): 514
Bill No. 7163
LCO No. 4509 18 of 79
The Commissioner of [Rehabilitation] Aging and Disability Services 515
may, within available appropriations, contract with public or private 516
entities, individuals or private enterprises for the instruction of 517
persons who are blind. 518
Sec. 23. Section 10-297 of the general statutes is repealed and the 519
following is substituted in lieu thereof (Effective October 1, 2019): 520
The Commissioner of [Rehabilitation] Aging and Disability Services 521
is authorized to aid in securing employment for persons who are 522
legally blind. Said commissioner may aid persons who are legally 523
blind in such way as said commissioner deems expedient, expending 524
for such purpose such sum as the General Assembly appropriates. 525
Sec. 24. Section 10-297a of the general statutes is repealed and the 526
following is substituted in lieu thereof (Effective October 1, 2019): 527
The Commissioner of [Rehabilitation] Aging and Disability Services 528
may make grants, within available appropriations, to the Connecticut 529
Radio Information Service, Inc., for the purchase of receivers and for 530
costs related to the operation of said service. 531
Sec. 25. Section 10-298 of the general statutes is repealed and the 532
following is substituted in lieu thereof (Effective October 1, 2019): 533
(a) The Commissioner of [Rehabilitation] Aging and Disability 534
Services shall prepare and maintain a register of persons who are blind 535
in this state which shall describe their condition, cause of blindness 536
and capacity for education and rehabilitative training. The 537
commissioner may register cases of persons who are liable to become 538
visually impaired or blind, and may take such measures in cooperation 539
with other authorities as the commissioner deems advisable for the 540
prevention of blindness or conservation of eyesight and, in appropriate 541
cases, for the education of children and for the vocational guidance of 542
adults whose eyesight approaches visual impairment or blindness. The 543
commissioner shall establish criteria for low vision care and maintain a 544
Bill No. 7163
LCO No. 4509 19 of 79
list of ophthalmologists and optometrists that are exclusively 545
authorized to receive agency funds through established and existing 546
state fee schedules for the delivery of specifically defined low vision 547
services that increase the capacity of eligible recipients of such services 548
to maximize the use of their remaining vision. 549
(b) The Commissioner of [Rehabilitation] Aging and Disability 550
Services may accept and receive any bequest or gift of money or 551
personal property and, subject to the consent of the Governor and 552
Attorney General as provided in section 4b-22, any devise or gift of 553
real property made to the Commissioner of [Rehabilitation] Aging and 554
Disability Services, and may hold and use such money or property for 555
the purposes, if any, specified in connection with such bequest, devise 556
or gift. 557
(c) The Commissioner of [Rehabilitation] Aging and Disability 558
Services shall provide the Department of Motor Vehicles with the 559
names of all individuals sixteen years of age or older who, on or after 560
October 1, 2005, have been determined to be blind by a physician, an 561
advanced practice registered nurse or an optometrist, as provided in 562
section 10-305, as amended by this act. The Commissioner of 563
[Rehabilitation] Aging and Disability Services shall provide 564
simultaneous written notification to any individual whose name is 565
being transmitted by the Commissioner of [Rehabilitation] Aging and 566
Disability Services to the Department of Motor Vehicles. The 567
Commissioner of [Rehabilitation] Aging and Disability Services shall 568
update the list of names provided to the Department of Motor Vehicles 569
on a quarterly basis. The list shall also contain the address and date of 570
birth for each individual reported, as shown on the records of the 571
Department of [Rehabilitation] Aging and Disability Services. The 572
Department of Motor Vehicles shall maintain such list on a 573
confidential basis, in accordance with the provisions of section 14-46d. 574
The Commissioner of [Rehabilitation] Aging and Disability Services 575
shall enter into a memorandum of understanding with the 576
Commissioner of Motor Vehicles to effectuate the purposes of this 577
Bill No. 7163
LCO No. 4509 20 of 79
subsection. 578
Sec. 26. Section 10-303 of the general statutes is repealed and the 579
following is substituted in lieu thereof (Effective October 1, 2019): 580
(a) The authority in charge of any building or property owned, 581
operated or leased by the state or any municipality therein shall grant 582
to the Department of [Rehabilitation] Aging and Disability Services a 583
permit to operate in such building or on such property a food service 584
facility, a vending machine or a stand for the vending of newspapers, 585
periodicals, confections, tobacco products, food and such other articles 586
as such authority approves when, in the opinion of such authority, 587
such facility, machine or stand is desirable in such location. Any 588
person operating such a stand in any such location on October 1, 1945, 589
shall be permitted to continue such operation, but upon such person's 590
ceasing such operation such authority shall grant a permit for 591
continued operation to the Department of [Rehabilitation] Aging and 592
Disability Services. The department may establish a training facility at 593
any such location. 594
(b) Pursuant to the Randolph-Sheppard Vending Stand Act, 49 Stat. 595
1559 (1936), 20 USC 107, as amended from time to time, the 596
Department of [Rehabilitation] Aging and Disability Services is 597
authorized to maintain a nonlapsing account and to accrue interest 598
thereon for federal vending machine income which, in accordance with 599
federal regulations, shall be used for the payment of fringe benefits to 600
the vending facility operators by the Department of [Rehabilitation] 601
Aging and Disability Services. 602
(c) The Department of [Rehabilitation] Aging and Disability Services 603
may maintain a nonlapsing account and accrue interest thereon for 604
state and local vending machine income which shall be used for the 605
payment of fringe benefits, training and support to vending facilities 606
operators, to provide entrepreneurial and independent-living training 607
and equipment to children who are blind or visually impaired and 608
Bill No. 7163
LCO No. 4509 21 of 79
adults who are blind and for other vocational rehabilitation programs 609
and services for adults who are blind. 610
(d) The Department of [Rehabilitation] Aging and Disability 611
Services may disburse state and local vending machine income to 612
student or client activity funds, as defined in section 4-52. 613
Sec. 27. Section 10-305 of the general statutes is repealed and the 614
following is substituted in lieu thereof (Effective October 1, 2019): 615
Each physician, advanced practice registered nurse and optometrist 616
shall report in writing to the Department of [Rehabilitation] Aging and 617
Disability Services not later than thirty days after a person who is blind 618
comes under his or her private or institutional care within this state. 619
The report of such person shall include the name, address, Social 620
Security number, date of birth, date of diagnosis of blindness and 621
degree of vision. Such reports shall not be open to public inspection. 622
Sec. 28. Section 10-306 of the general statutes is repealed and the 623
following is substituted in lieu thereof (Effective October 1, 2019): 624
The Department of [Rehabilitation] Aging and Disability Services 625
may maintain a vocational rehabilitation program as authorized under 626
the Federal Rehabilitation Act of 1973, 29 USC 791 et seq., for the 627
purpose of providing and coordinating the full scope of necessary 628
services to assist persons who are legally blind and who receive 629
services from the department to prepare for, enter into and maintain 630
employment consistent with the purposes of said act. 631
Sec. 29. Section 10-307 of the general statutes is repealed and the 632
following is substituted in lieu thereof (Effective October 1, 2019): 633
The Department of [Rehabilitation] Aging and Disability Services is 634
empowered to receive any federal funds made available to this state 635
under which vocational rehabilitation is provided for a person whose 636
visual acuity has been impaired and to expend such funds for the 637
Bill No. 7163
LCO No. 4509 22 of 79
purpose or purposes for which they are made available. The State 638
Treasurer shall be the custodian of such funds. 639
Sec. 30. Section 10-308 of the general statutes is repealed and the 640
following is substituted in lieu thereof (Effective October 1, 2019): 641
The Department of [Rehabilitation] Aging and Disability Services 642
may cooperate, pursuant to agreements, with the federal government 643
in carrying out the purposes of any federal statutes pertaining to 644
vocational rehabilitation, and is authorized to adopt such methods of 645
administration as are found by the federal government to be necessary 646
for the proper and efficient operation of such agreements or plans for 647
vocational rehabilitation and to comply with such conditions as may 648
be necessary to secure the full benefits of such federal statutes. 649
Sec. 31. Section 10-308a of the general statutes is repealed and the 650
following is substituted in lieu thereof (Effective October 1, 2019): 651
The Department of [Rehabilitation] Aging and Disability Services 652
shall adopt regulations, in accordance with chapter 54, to determine 653
the order to be followed in selecting those eligible persons to whom 654
vocational rehabilitation services will be provided, in accordance with 655
federal regulations. 656
Sec. 32. Section 10-309 of the general statutes is repealed and the 657
following is substituted in lieu thereof (Effective October 1, 2019): 658
The Department of [Rehabilitation] Aging and Disability Services 659
may place in remunerative occupations persons whose capacity to earn 660
a living has been lost or impaired by lessened visual acuity and who, 661
in the opinion of the Commissioner of [Rehabilitation] Aging and 662
Disability Services, are susceptible of placement, and may make such 663
regulations as are necessary for the administration of the provisions of 664
this section and sections 10-306 to 10-308a, inclusive, as amended by 665
this act. 666
Bill No. 7163
LCO No. 4509 23 of 79
Sec. 33. Section 10-311a of the general statutes is repealed and the 667
following is substituted in lieu thereof (Effective October 1, 2019): 668
The case records of the Department of [Rehabilitation] Aging and 669
Disability Services maintained for the purposes of this chapter shall be 670
confidential and the names and addresses of recipients of assistance 671
under this chapter shall not be published or used for purposes not 672
directly connected with the administration of this chapter, except as 673
necessary to carry out the provisions of sections 10-298, as amended by 674
this act, and 17b-6. 675
Sec. 34. Subdivision (4) of subsection (a) of section 12-217oo of the 676
general statutes is repealed and the following is substituted in lieu 677
thereof (Effective October 1, 2019): 678
(4) "New qualifying employee" means a person who (A) is receiving 679
vocational rehabilitation services from the Department of 680
[Rehabilitation] Aging and Disability Services, and (B) is hired by the 681
employer to fill a new job after May 6, 2010, during the employer's 682
income years commencing on or after January 1, 2010, and prior to 683
January 1, 2012. A new qualifying employee does not include a person 684
receiving vocational rehabilitation services pursuant to subparagraph 685
(A) of this subdivision and who was employed in this state by a related 686
person with respect to the employer during the prior twelve months; 687
Sec. 35. Subdivision (7) of subsection (a) of section 12-217pp of the 688
general statutes is repealed and the following is substituted in lieu 689
thereof (Effective October 1, 2019): 690
(7) "Qualifying employee" means a new employee who, at the time 691
of hiring by the taxpayer: 692
(A) (i) Is receiving unemployment compensation, or (ii) has 693
exhausted unemployment compensation benefits and has not had an 694
intervening full-time job; or 695
Bill No. 7163
LCO No. 4509 24 of 79
(B) Is (i) receiving vocational rehabilitation services from the 696
Department of [Rehabilitation] Aging and Disability Services, (ii) 697
receiving employment services from the Department of Mental Health 698
and Addiction Services, or (iii) participating in employment 699
opportunities and day services, as defined in section 17a-226, operated 700
or funded by the Department of Developmental Services; 701
Sec. 36. Subdivision (1) of subsection (e) of section 12-217pp of the 702
general statutes is repealed and the following is substituted in lieu 703
thereof (Effective October 1, 2019): 704
(e) (1) To be eligible to claim the credit, a taxpayer shall apply to the 705
commissioner in accordance with the provisions of this section. The 706
application shall be on a form provided by the commissioner and shall 707
contain sufficient information as required by the commissioner, 708
including, but not limited to, the activities that the taxpayer primarily 709
engages in, the North American Industrial Classification System code 710
of the taxpayer, the current number of employees employed by the 711
taxpayer as of the application date, and if applicable, the name and 712
position or job title of the new, qualifying or veteran employee. The 713
commissioner shall consult with the Labor Commissioner, the 714
Commissioner of [Rehabilitation] Aging and Disability Services, the 715
Commissioner of Veterans Affairs, the Commissioner of Mental Health 716
and Addiction Services or the Commissioner of Developmental 717
Services, as applicable, for any verification the commissioner deems 718
necessary of unemployment compensation or vocational rehabilitation 719
services received by a qualifying employee, or of service in the armed 720
forces of the United States by a veteran employee. The commissioner 721
may impose a fee for such application as the commissioner deems 722
appropriate. 723
Sec. 37. Section 14-11b of the general statutes is repealed and the 724
following is substituted in lieu thereof (Effective October 1, 2019): 725
(a) There shall be within the Department of [Rehabilitation] Aging 726
Bill No. 7163
LCO No. 4509 25 of 79
and Disability Services a unit for the purpose of evaluating and 727
training persons with disabilities in the operation of motor vehicles. 728
There shall be assigned to the driver training unit for persons with 729
disabilities such staff as is necessary for the orderly administration of 730
the driver training program for persons with disabilities. The 731
personnel assigned to the driver training unit for persons with 732
disabilities shall, while engaged in the evaluation or instruction of a 733
person with disabilities, have the authority and immunities with 734
respect to such activities as are granted under the general statutes to 735
motor vehicle inspectors. The Commissioner of Motor Vehicles may 736
permit a person whose license has been withdrawn as a result of a 737
condition that makes such person eligible for evaluation and training 738
under this section to operate a motor vehicle while accompanied by 739
personnel assigned to the driver training unit for persons with 740
disabilities. When a person with disabilities has successfully completed 741
the driver training program for persons with disabilities, the 742
Department of [Rehabilitation] Aging and Disability Services shall 743
certify such completion in writing to the Commissioner of Motor 744
Vehicles and shall recommend any license restrictions or limitations to 745
be placed on the license of such person. The Commissioner of Motor 746
Vehicles may accept such certification in lieu of the driving skills 747
portion of the examination prescribed under subsection (e) of section 748
14-36. If such person with disabilities has met all other requirements 749
for obtaining a license, the Commissioner of Motor Vehicles shall issue 750
a license with such restrictions recommended by the Department of 751
[Rehabilitation] Aging and Disability Services. 752
(b) Any resident of this state who has a serious physical or mental 753
disability which does not render the resident incapable of operating a 754
motor vehicle and who must utilize special equipment in order to 755
operate a motor vehicle and who cannot obtain instruction in the 756
operation of a motor vehicle through any alternate program, including, 757
but not limited to, other state, federal or privately operated drivers' 758
schools shall be eligible for instruction under the Department of 759
Bill No. 7163
LCO No. 4509 26 of 79
[Rehabilitation] Aging and Disability Services driver training program 760
for persons with disabilities. 761
Sec. 38. Subsection (b) of section 14-253a of the general statutes is 762
repealed and the following is substituted in lieu thereof (Effective 763
October 1, 2019): 764
(b) The Commissioner of Motor Vehicles shall accept applications 765
and renewal applications for removable windshield placards from (1) 766
any person who is blind, as defined in section 1-1f; (2) any person with 767
disabilities; (3) any parent or guardian of any person who is blind or 768
any person with disabilities, if such person is under eighteen years of 769
age at the time of application; (4) any parent or guardian of any person 770
who is blind or any person with disabilities, if such person is unable to 771
request or complete an application; and (5) any organization which 772
meets criteria established by the commissioner and which certifies to 773
the commissioner's satisfaction that the vehicle for which a placard is 774
requested is primarily used to transport persons who are blind or 775
persons with disabilities. Except as provided in subsection (c) of this 776
section, on and after October 1, 2011, the commissioner shall not accept 777
applications for special license plates, but shall accept renewal 778
applications for such plates that were issued prior to October 1, 2011. 779
No person shall be issued a placard in accordance with this section 780
unless such person is the holder of a valid motor vehicle operator's 781
license, or identification card issued in accordance with the provisions 782
of section 1-1h. The commissioner is authorized to adopt regulations 783
for the issuance of placards to persons who, by reason of hardship, do 784
not hold or cannot obtain an operator's license or identification card. 785
The commissioner shall maintain a record of each placard issued to 786
any such person. Such applications and renewal applications shall be 787
on a form prescribed by the commissioner. The application and 788
renewal application shall include: (A) Certification by a licensed 789
physician, a physician assistant, an advanced practice registered nurse 790
licensed in accordance with the provisions of chapter 378, or a member 791
of the driver training unit for persons with disabilities established 792
Bill No. 7163
LCO No. 4509 27 of 79
pursuant to section 14-11b, as amended by this act, that the applicant 793
meets the definition of a person with a disability which limits or 794
impairs the ability to walk, as defined in 23 CFR Section 1235.2; or (B) 795
certification by a psychiatrist who is employed by, or under contract 796
with, the United States Department of Veterans Affairs that the 797
applicant (i) is a veteran, as defined in subsection (a) of section 27-103, 798
who has post-traumatic stress disorder certified as service-connected 799
by the United States Department of Veterans Affairs, and (ii) meets the 800
definition of a person with a disability which limits or impairs the 801
ability to walk, as defined in 23 CFR Section 1235.2. In the case of 802
persons who are blind, the application or renewal application shall 803
include certification of legal blindness made by the Department of 804
[Rehabilitation] Aging and Disability Services, an ophthalmologist or 805
an optometrist. Any person who makes a certification required by this 806
subsection shall sign the application or renewal application under 807
penalty of false statement pursuant to section 53a-157b. The 808
commissioner, in said commissioner's discretion, may accept the 809
discharge papers of a disabled veteran, as defined in section 14-254, in 810
lieu of such certification. The Commissioner of Motor Vehicles may 811
require additional certification at the time of the original application or 812
at any time thereafter. If a person who has been requested to submit 813
additional certification fails to do so within thirty days of the request, 814
or if such additional certification is deemed by the Commissioner of 815
Motor Vehicles to be unfavorable to the applicant, the commissioner 816
may refuse to issue or, if already issued, suspend or revoke such 817
special license plate or placard. The commissioner shall not issue more 818
than one placard per applicant. The fee for the issuance of a temporary 819
removable windshield placard shall be five dollars. Any person whose 820
application has been denied or whose special license plate or placard 821
has been suspended or revoked shall be afforded an opportunity for a 822
hearing in accordance with the provisions of chapter 54. 823
Sec. 39. Subsection (a) of section 17a-215d of the general statutes is 824
repealed and the following is substituted in lieu thereof (Effective 825
Bill No. 7163
LCO No. 4509 28 of 79
October 1, 2019): 826
(a) There is established the Autism Spectrum Disorder Advisory 827
Council. The council shall consist of the following members: (1) The 828
Commissioner of Social Services, or the commissioner's designee; (2) 829
the Commissioner of Children and Families, or the commissioner's 830
designee; (3) the Commissioner of Education, or the commissioner's 831
designee; (4) the Commissioner of Mental Health and Addiction 832
Services, or the commissioner's designee; (5) the Commissioner of 833
Public Health, or the commissioner's designee; (6) the Commissioner of 834
[Rehabilitation] Aging and Disability Services, or the commissioner's 835
designee; (7) the Commissioner of Developmental Services, or the 836
commissioner's designee; (8) the Commissioner of Early Childhood, or 837
the commissioner's designee; (9) the Secretary of the Office of Policy 838
and Management, or the secretary's designee; (10) two persons with 839
autism spectrum disorder, one each appointed by the Governor and 840
the speaker of the House of Representatives; (11) two persons who are 841
parents or guardians of a child with autism spectrum disorder, one 842
each appointed by the Governor and the minority leader of the Senate; 843
(12) two persons who are parents or guardians of an adult with autism 844
spectrum disorder, one each appointed by the president pro tempore 845
of the Senate and the majority leader of the House of Representatives; 846
(13) two persons who are advocates for persons with autism spectrum 847
disorder, one each appointed by the Governor and the speaker of the 848
House of Representatives; (14) two persons who are licensed 849
professionals working in the field of autism spectrum disorder, one 850
each appointed by the Governor and the majority leader of the Senate; 851
(15) two persons who provide services for persons with autism 852
spectrum disorder, one each appointed by the Governor and the 853
minority leader of the House of Representatives; (16) two persons who 854
shall be representatives of an institution of higher education in the 855
state with experience in the field of autism spectrum disorder, one 856
each appointed by the Governor and the president pro tempore of the 857
Senate; (17) the executive director of the nonprofit entity designated by 858
Bill No. 7163
LCO No. 4509 29 of 79
the Governor in accordance with section 46a-10b to serve as the 859
Connecticut protection and advocacy system, or the executive 860
director's designee; and (18) one person who is a physician who treats 861
or diagnoses persons with autism spectrum disorder, appointed by the 862
Governor. 863
Sec. 40. Subdivision (9) of section 17a-248 of the general statutes is 864
repealed and the following is substituted in lieu thereof (Effective 865
October 1, 2019): 866
(9) "Participating agencies" includes, but is not limited to, the 867
Departments of Education, Social Services, Public Health, Children 868
and Families and Developmental Services, the Office of Early 869
Childhood, the Insurance Department and the Department of 870
[Rehabilitation] Aging and Disability Services. 871
Sec. 41. Subsection (a) of section 17a-302 of the general statutes is 872
repealed and the following is substituted in lieu thereof (Effective 873
October 1, 2019): 874
(a) The Department of [Rehabilitation] Aging and Disability 875
Services shall be responsible for the administration of programs which 876
provide nutritionally sound diets to needy older persons and for the 877
expansion of such programs when possible. Such programs shall be 878
continued in such a manner as to fully utilize congregate feeding and 879
nutrition education of older citizens who qualify for such program. 880
Sec. 42. Section 17a-302a of the general statutes is repealed and the 881
following is substituted in lieu thereof (Effective October 1, 2019): 882
The Department of [Rehabilitation] Aging and Disability Services 883
shall hold quarterly meetings with nutrition service stakeholders to (1) 884
develop recommendations to address complexities in the 885
administrative processes of nutrition services programs, (2) establish 886
quality control benchmarks in such programs, and (3) help move 887
toward greater quality, efficiency and transparency in the elderly 888
Bill No. 7163
LCO No. 4509 30 of 79
nutrition program. Stakeholders shall include, but need not be limited 889
to, (A) one representative of each of the following: (i) Area agencies on 890
aging, (ii) access agencies, (iii) the Commission on Women, Children 891
and Seniors, and (iv) nutrition providers, and (B) one or more 892
representatives of (i) food security programs, (ii) contractors, (iii) 893
nutrition host sites, and (iv) consumers. 894
Sec. 43. Section 17a-303a of the general statutes is repealed and the 895
following is substituted in lieu thereof (Effective October 1, 2019): 896
(a) The Department of [Rehabilitation] Aging and Disability 897
Services shall establish, within available appropriations, a fall 898
prevention program. Within such program, the department shall: 899
(1) Promote and support research to: (A) Improve the identification, 900
diagnosis, treatment and rehabilitation of older persons and others 901
who have a high risk of falling; (B) improve data collection and 902
analysis to identify risk factors for falls and factors that reduce the 903
likelihood of falls; (C) design, implement and evaluate the most 904
effective fall prevention interventions; (D) improve intervention 905
strategies that have been proven effective in reducing falls by tailoring 906
such strategies to specific populations of older persons; (E) maximize 907
the dissemination of proven, effective fall prevention interventions; (F) 908
assess the risk of falls occurring in various settings; (G) identify 909
barriers to the adoption of proven interventions with respect to the 910
prevention of falls among older persons; (H) develop, implement and 911
evaluate the most effective approaches to reducing falls among high-912
risk older persons living in communities and long-term care and 913
assisted living facilities; and (I) evaluate the effectiveness of 914
community programs designed to prevent falls among older persons; 915
(2) Establish, in consultation with the Commissioner of Public 916
Health, a professional education program in fall prevention, evaluation 917
and management for physicians, allied health professionals and other 918
health care providers who provide services for older persons in this 919
Bill No. 7163
LCO No. 4509 31 of 79
state. The Commissioner of [Rehabilitation] Aging and Disability 920
Services may contract for the establishment of such program through 921
(A) a request for proposal process, (B) a competitive grant program, or 922
(C) cooperative agreements with qualified organizations, institutions 923
or consortia of qualified organizations and institutions; 924
(3) Oversee and support demonstration and research projects to be 925
carried out by organizations, institutions or consortia of organizations 926
and institutions deemed qualified by the Commissioner of 927
[Rehabilitation] Aging and Disability Services. Such demonstration 928
and research projects may be in the following areas: 929
(A) Targeted fall risk screening and referral programs; 930
(B) Programs designed for community-dwelling older persons that 931
use fall intervention approaches, including physical activity, 932
medication assessment and reduction of medication when possible, 933
vision enhancement and home-modification strategies; 934
(C) Programs that target new fall victims who are at a high risk for 935
second falls and that are designed to maximize independence and 936
quality of life for older persons, particularly those older persons with 937
functional limitations; and 938
(D) Private sector and public-private partnerships to develop 939
technologies to prevent falls among older persons and prevent or 940
reduce injuries when falls occur; and 941
(4) Award grants to, or enter into contracts or cooperative 942
agreements with, organizations, institutions or consortia of 943
organizations and institutions deemed qualified by the Commissioner 944
of [Rehabilitation] Aging and Disability Services to design, implement 945
and evaluate fall prevention programs using proven intervention 946
strategies in residential and institutional settings. 947
(b) In awarding any grants or entering into any contracts or 948
Bill No. 7163
LCO No. 4509 32 of 79
agreements pursuant to this section, after October 1, 2017, the 949
Commissioner of [Rehabilitation] Aging and Disability Services shall 950
determine appropriate data and program outcome measures, 951
including fall prevention program outcome measures, as applicable, 952
that the recipient organization, institution or consortia of organizations 953
and institutions shall collect and report to the commissioner and the 954
frequency of such reports. 955
Sec. 44. Section 17a-304 of the general statutes is repealed and the 956
following is substituted in lieu thereof (Effective October 1, 2019): 957
The state shall be divided into five elderly planning and service 958
areas, in accordance with federal law and regulations, each having an 959
area agency on aging to carry out the mandates of the federal Older 960
Americans Act of 1965, as amended. The area agencies shall (1) 961
represent older persons within their geographic areas, (2) develop an 962
area plan for approval by the Department of [Rehabilitation] Aging 963
and Disability Services and upon such approval administer the plan, 964
(3) coordinate and assist local public and nonprofit, private agencies in 965
the development of programs, (4) receive and distribute federal and 966
state funds for such purposes, in accordance with applicable law, and 967
(5) carry out any additional duties and functions required by federal 968
law and regulations. 969
Sec. 45. Section 17a-305 of the general statutes is repealed and the 970
following is substituted in lieu thereof (Effective October 1, 2019): 971
(a) The Department of [Rehabilitation] Aging and Disability 972
Services shall equitably allocate, in accordance with federal law, 973
federal funds received under Title IIIB and IIIC of the Older Americans 974
Act to the five area agencies on aging established pursuant to section 975
17a-304, as amended by this act. The department, before seeking 976
federal approval to spend any amount above that allotted for 977
administrative expenses under said act, shall inform the joint standing 978
committees of the General Assembly having cognizance of matters 979
Bill No. 7163
LCO No. 4509 33 of 79
relating to aging and human services that it is seeking such approval. 980
(b) Sixty per cent of the state funds appropriated to the five area 981
agencies on aging for elderly nutrition and social services shall be 982
allocated in the same proportion as allocations made pursuant to 983
subsection (a) of this section. Forty per cent of all state funds 984
appropriated to the five area agencies on aging for elderly nutrition 985
and social services used for purposes other than the required 986
nonfederal matching funds shall be allocated at the discretion of the 987
Commissioner of [Rehabilitation] Aging and Disability Services, in 988
consultation with the five area agencies on aging, based on their need 989
for such funds. Any state funds appropriated to the five area agencies 990
on aging for administrative expenses shall be allocated equally. 991
(c) The Department of [Rehabilitation] Aging and Disability 992
Services, in consultation with the five area agencies on aging, shall 993
review the method of allocation set forth in subsection (a) of this 994
section and shall report any findings or recommendations to the joint 995
standing committees of the General Assembly having cognizance of 996
matters relating to appropriations and the budgets of state agencies 997
and human services. 998
(d) An area agency may request a person participating in the elderly 999
nutrition program to pay a voluntary fee for meals furnished, except 1000
that no eligible person shall be denied a meal due to an inability to pay 1001
such fee. 1002
Sec. 46. Section 17a-306 of the general statutes is repealed and the 1003
following is substituted in lieu thereof (Effective October 1, 2019): 1004
The Department of [Rehabilitation] Aging and Disability Services 1005
shall adopt regulations, in accordance with the provisions of chapter 1006
54, to carry out the purposes, programs and services authorized 1007
pursuant to the Older Americans Act of 1965, as amended from time to 1008
time. The department may operate under any new policy necessary to 1009
conform to a requirement of a federal or joint state and federal 1010
Bill No. 7163
LCO No. 4509 34 of 79
program while it is in the process of adopting the policy in regulation 1011
form, provided the department posts such policy on the eRegulations 1012
System not later than twenty days after adopting the policy. Such 1013
policy shall be valid until the time final regulations are effective. 1014
Sec. 47. Section 17a-310 of the general statutes is repealed and the 1015
following is substituted in lieu thereof (Effective October 1, 2019): 1016
The Department of [Rehabilitation] Aging and Disability Services 1017
may make a grant to any city, town or borough or public or private 1018
agency, organization or institution for the following purposes: (1) For 1019
community planning and coordination of programs carrying out the 1020
purposes of the Older Americans Act of 1965, as amended; (2) for 1021
demonstration programs or activities particularly valuable in carrying 1022
out such purposes; (3) for training of special personnel needed to carry 1023
out such programs and activities; (4) for establishment of new or 1024
expansion of existing programs to carry out such purposes, including 1025
establishment of new or expansion of existing centers of service for 1026
older persons, providing recreational, cultural and other leisure time 1027
activities, and informational, transportation, referral and preretirement 1028
and postretirement counseling services for older persons and assisting 1029
such persons in providing volunteer community or civic services, 1030
except that no costs of construction, other than for minor alterations 1031
and repairs, shall be included in such establishment or expansion; and 1032
(5) for programs to develop or demonstrate approaches, methods and 1033
techniques for achieving or improving coordination of community 1034
services for older or aging persons and such other programs and 1035
services as may be allowed under Title III of the Older Americans Act 1036
of 1965, as amended, or to evaluate these approaches, techniques and 1037
methods, as well as others which may assist older or aging persons to 1038
enjoy wholesome and meaningful living and to continue to contribute 1039
to the strength and welfare of the state and nation. 1040
Sec. 48. Section 17a-313 of the general statutes is repealed and the 1041
following is substituted in lieu thereof (Effective October 1, 2019): 1042
Bill No. 7163
LCO No. 4509 35 of 79
The Department of [Rehabilitation] Aging and Disability Services 1043
may use moneys appropriated for the purposes of section 17a-310, as 1044
amended by this act, for the expenses of administering the grant 1045
program under said section, provided the total of such moneys so used 1046
shall not exceed five per cent of the moneys so appropriated. 1047
Sec. 49. Section 17a-314 of the general statutes is repealed and the 1048
following is substituted in lieu thereof (Effective October 1, 2019): 1049
(a) As used in this section: 1050
(1) "CHOICES" means Connecticut's programs for health insurance 1051
assistance, outreach, information and referral, counseling and 1052
eligibility screening; and 1053
(2) "CHOICES health insurance assistance program" means the 1054
federally recognized state health insurance assistance program funded 1055
pursuant to P.L. 101-508 and administered by the Department of 1056
[Rehabilitation] Aging and Disability Services, in conjunction with the 1057
area agencies on aging and the Center for Medicare Advocacy, that 1058
provides free information and assistance related to health insurance 1059
issues and concerns of older persons and other Medicare beneficiaries 1060
in Connecticut. 1061
(b) The Department of [Rehabilitation] Aging and Disability 1062
Services shall administer the CHOICES health insurance assistance 1063
program, which shall be a comprehensive Medicare advocacy program 1064
that provides assistance to Connecticut residents who are Medicare 1065
beneficiaries. 1066
(c) The program shall provide: (1) Toll-free telephone access for 1067
consumers to obtain advice and information on Medicare benefits, 1068
including prescription drug benefits available through the Medicare 1069
Part D program, the Medicare appeals process, health insurance 1070
matters applicable to Medicare beneficiaries and long-term care 1071
options available in the state at least five days per week during normal 1072
Bill No. 7163
LCO No. 4509 36 of 79
business hours; (2) information, advice and representation, where 1073
appropriate, concerning the Medicare appeals process, by a qualified 1074
attorney or paralegal at least five days per week during normal 1075
business hours; (3) information through appropriate means and 1076
format, including written materials, to Medicare beneficiaries, their 1077
families, senior citizens and organizations regarding Medicare 1078
benefits, including prescription drug benefits available through 1079
Medicare Part D and other pharmaceutical drug company programs 1080
and long-term care options available in the state; (4) information 1081
concerning Medicare plans and services, private insurance policies and 1082
federal and state-funded programs that are available to beneficiaries to 1083
supplement Medicare coverage; (5) information permitting Medicare 1084
beneficiaries to compare and evaluate their options for delivery of 1085
Medicare and supplemental insurance services; (6) information 1086
concerning the procedure to appeal a denial of care and the procedure 1087
to request an expedited appeal of a denial of care; and (7) any other 1088
information the program or the Commissioner of Rehabilitation 1089
Services deems relevant to Medicare beneficiaries. 1090
(d) The Commissioner of [Rehabilitation] Aging and Disability 1091
Services may include any additional functions necessary to conform to 1092
federal grant requirements. 1093
(e) All hospitals, as defined in section 19a-490, which treat persons 1094
covered by Medicare Part A shall: (1) Notify incoming patients covered 1095
by Medicare of the availability of the services established pursuant to 1096
subsection (c) of this section, (2) post or cause to be posted in a 1097
conspicuous place therein the toll-free number established pursuant to 1098
subsection (c) of this section, and (3) provide each Medicare patient 1099
with the toll-free number and information on how to access the 1100
CHOICES program. 1101
(f) The Commissioner of [Rehabilitation] Aging and Disability 1102
Services may adopt regulations, in accordance with chapter 54, as 1103
necessary to implement the provisions of this section. 1104
Bill No. 7163
LCO No. 4509 37 of 79
Sec. 50. Subsection (a) of section 17a-316a of the general statutes is 1105
repealed and the following is substituted in lieu thereof (Effective 1106
October 1, 2019): 1107
(a) The Commissioner of [Rehabilitation] Aging and Disability 1108
Services shall develop and administer a program to provide a single, 1109
coordinated system of information and access for individuals seeking 1110
long-term support, including in-home, community-based and 1111
institutional services. The program shall be the state Aging and 1112
Disability Resource Center Program in accordance with the federal 1113
Older Americans Act Amendments of 2006, P.L. 109-365 and shall be 1114
administered as part of the Department of [Rehabilitation] Aging and 1115
Disability Services' CHOICES program in accordance with subdivision 1116
(1) of subsection (a) of section 17a-314, as amended by this act. 1117
Consumers served by the program shall include, but not be limited to, 1118
those sixty years of age or older and those eighteen years of age or 1119
older with disabilities and caregivers. 1120
Sec. 51. Subsections (a) and (b) of section 17a-405 of the general 1121
statutes are repealed and the following is substituted in lieu thereof 1122
(Effective October 1, 2019): 1123
(a) As used in this chapter: 1124
(1) "State agency" means the Department of [Rehabilitation] Aging 1125
and Disability Services. 1126
(2) "Office" or "Office of the Long-Term Care Ombudsman" means 1127
the organizational unit which is headed by the State Long-Term Care 1128
Ombudsman established in this section. 1129
(3) "State Ombudsman" means the individual who heads the office 1130
established in this section. 1131
(4) "Program" means the long-term care ombudsman program 1132
established in this section. 1133
Bill No. 7163
LCO No. 4509 38 of 79
(5) "Representative of the office" includes a regional ombudsman, a 1134
residents' advocate or an employee of the Office of the Long-Term 1135
Care Ombudsman who is individually designated by the State 1136
Ombudsman. 1137
(6) "Resident" means an individual who resides in a long-term care 1138
facility. 1139
(7) "Long-term care facility" means any skilled nursing facility, as 1140
defined in Section 1819(a) of the Social Security Act, (42 USC 1395i-1141
3(a)) any nursing facility, as defined in Section 1919(a) of the Social 1142
Security Act, (42 USC 1396r(a)) a board and care facility as defined in 1143
Section 102(19) of the federal Older Americans Act, (42 USC 3002(19)) 1144
and for purposes of ombudsman program coverage, an institution 1145
regulated by the state pursuant to Section 1616(e) of the Social Security 1146
Act, (42 USC 1382e(e)) and any other adult care home similar to a 1147
facility or nursing facility or board and care home. 1148
(8) "Commissioner" means the Commissioner of [Rehabilitation] 1149
Aging and Disability Services. 1150
(9) "Applicant" means an individual who has applied for admission 1151
to a long-term care facility. 1152
(10) "Resident representative" means (A) an individual chosen by 1153
the resident to act on behalf of the resident in order to support the 1154
resident in decision making, accessing medical, social or other personal 1155
information of the resident, managing financial matters, or receiving 1156
notifications; (B) a person authorized by state or federal law to act on 1157
behalf of the resident in order to support the resident in decision 1158
making, accessing medical, social or other personal information of the 1159
resident, managing financial matters, or receiving notifications; (C) a 1160
legal representative, as used in Section 712 of the Older Americans Act; 1161
or (D) the court-appointed guardian or conservator of a resident. 1162
(b) There is established an independent Office of the Long-Term 1163
Bill No. 7163
LCO No. 4509 39 of 79
Care Ombudsman within the Department of [Rehabilitation] Aging 1164
and Disability Services. The Commissioner of [Rehabilitation] Aging 1165
and Disability Services shall appoint a State Ombudsman who shall be 1166
selected from among individuals with expertise and experience in the 1167
fields of long-term care and advocacy to head the office and the State 1168
Ombudsman shall appoint regional ombudsmen. In the event the State 1169
Ombudsman or a regional ombudsman is unable to fulfill the duties of 1170
the office, the commissioner shall appoint an acting State Ombudsman 1171
and the State Ombudsman shall appoint an acting regional 1172
ombudsman. 1173
Sec. 52. Section 17a-407 of the general statutes is repealed and the 1174
following is substituted in lieu thereof (Effective October 1, 2019): 1175
No person may perform any functions as a residents' advocate until 1176
the person has successfully completed a course of training required by 1177
the State Ombudsman. Any residents' advocate who fails to complete 1178
such a course within a reasonable time after appointment may be 1179
removed by the State Ombudsman or the regional ombudsman for the 1180
region in which such residents' advocate serves. The Commissioner of 1181
[Rehabilitation] Aging and Disability Services, after consultation with 1182
the State Ombudsman, shall adopt regulations, in accordance with the 1183
provisions of chapter 54, to carry out the provisions of this section. 1184
Such regulations shall include, but not be limited to, the course of 1185
training required by this section. 1186
Sec. 53. Subsection (c) of section 17a-411 of the general statutes is 1187
repealed and the following is substituted in lieu thereof (Effective 1188
October 1, 2019): 1189
(c) The Commissioner of [Rehabilitation] Aging and Disability 1190
Services shall have authority to seek funding for the purposes 1191
contained in this section from public and private sources, including, 1192
but not limited to, any federal or state funded programs. 1193
Sec. 54. Section 17a-416 of the general statutes is repealed and the 1194
Bill No. 7163
LCO No. 4509 40 of 79
following is substituted in lieu thereof (Effective October 1, 2019): 1195
The Commissioner of [Rehabilitation] Aging and Disability Services, 1196
after consultation with the State Ombudsman, shall adopt regulations 1197
in accordance with the provisions of chapter 54, to carry out the 1198
provisions of sections 17a-405 to 17a-417, inclusive, as amended by this 1199
act, 19a-531 and 19a-532. 1200
Sec. 55. Section 17a-417 of the general statutes is repealed and the 1201
following is substituted in lieu thereof (Effective October 1, 2019): 1202
The Commissioner of [Rehabilitation] Aging and Disability Services 1203
shall require the State Ombudsman to: 1204
(1) Prepare an annual report: 1205
(A) Describing the activities carried out by the office in the year for 1206
which the report is prepared; 1207
(B) Containing and analyzing the data collected under section 17a-1208
418; 1209
(C) Evaluating the problems experienced by and the complaints 1210
made by or on behalf of residents; 1211
(D) Containing recommendations for (i) improving the quality of 1212
the care and life of the residents, and (ii) protecting the health, safety, 1213
welfare and rights of the residents; 1214
(E) (i) Analyzing the success of the program including success in 1215
providing services to residents of long-term care facilities; and (ii) 1216
identifying barriers that prevent the optimal operation of the program; 1217
and 1218
(F) Providing policy, regulatory and legislative recommendations to 1219
solve identified problems, to resolve the complaints, to improve the 1220
quality of the care and life of residents, to protect the health, safety, 1221
Bill No. 7163
LCO No. 4509 41 of 79
welfare and rights of residents and to remove the barriers that prevent 1222
the optimal operation of the program. 1223
(2) Analyze, comment on and monitor the development and 1224
implementation of federal, state and local laws, regulations and other 1225
government policies and actions that pertain to long-term care facilities 1226
and services, and to the health, safety, welfare and rights of residents 1227
in the state, and recommend any changes in such laws, regulations and 1228
policies as the office determines to be appropriate. 1229
(3) (A) Provide such information as the office determines to be 1230
necessary to public and private agencies, legislators and other persons, 1231
regarding (i) the problems and concerns of older individuals residing 1232
in long-term care facilities; and (ii) recommendations related to the 1233
problems and concerns; and (B) make available to the public and 1234
submit to the federal assistant secretary for aging, the Governor, the 1235
General Assembly, the Department of Public Health and other 1236
appropriate governmental entities, each report prepared under 1237
subdivision (1) of this section. 1238
Sec. 56. Subsection (c) of section 17a-422 of the general statutes is 1239
repealed and the following is substituted in lieu thereof (Effective 1240
October 1, 2019): 1241
(c) Not later than June 30, 2005, the Long-Term Care Ombudsman 1242
shall submit a report on the pilot program to the Commissioners of 1243
[Rehabilitation] Aging and Disability Services and Public Health, to the 1244
joint standing committees of the General Assembly having cognizance 1245
of matters relating to human services, public health and 1246
appropriations, and to the select committee of the General Assembly 1247
having cognizance of matters relating to aging. The report shall be 1248
submitted in accordance with section 11-4a. 1249
Sec. 57. Subsection (b) of section 17a-667 of the general statutes is 1250
repealed and the following is substituted in lieu thereof (Effective 1251
October 1, 2019): 1252
Bill No. 7163
LCO No. 4509 42 of 79
(b) The council shall consist of the following members: (1) The 1253
Secretary of the Office of Policy and Management, or the secretary's 1254
designee; (2) the Commissioners of Children and Families, Consumer 1255
Protection, Correction, Education, Mental Health and Addiction 1256
Services, Public Health, Emergency Services and Public Protection, 1257
[Rehabilitation] Aging and Disability Services and Social Services, and 1258
the Insurance Commissioner, or their designees; (3) the Chief Court 1259
Administrator, or the Chief Court Administrator's designee; (4) the 1260
chairperson of the Board of Regents for Higher Education, or the 1261
chairperson's designee; (5) the president of The University of 1262
Connecticut, or the president's designee; (6) the Chief State's Attorney, 1263
or the Chief State's Attorney's designee; (7) the Chief Public Defender, 1264
or the Chief Public Defender's designee; and (8) the cochairpersons 1265
and ranking members of the joint standing committees of the General 1266
Assembly having cognizance of matters relating to public health, 1267
criminal justice and appropriations, or their designees. The 1268
Commissioner of Mental Health and Addiction Services and the 1269
Commissioner of Children and Families shall be cochairpersons of the 1270
council and may jointly appoint up to seven individuals to the council 1271
as follows: (A) Two individuals in recovery from a substance use 1272
disorder or representing an advocacy group for individuals with a 1273
substance use disorder; (B) a provider of community-based substance 1274
abuse services for adults; (C) a provider of community-based 1275
substance abuse services for adolescents; (D) an addiction medicine 1276
physician; (E) a family member of an individual in recovery from a 1277
substance use disorder; and (F) an emergency medicine physician 1278
currently practicing in a Connecticut hospital. The cochairpersons of 1279
the council may establish subcommittees and working groups and 1280
may appoint individuals other than members of the council to serve as 1281
members of the subcommittees or working groups. Such individuals 1282
may include, but need not be limited to: (i) Licensed alcohol and drug 1283
counselors; (ii) pharmacists; (iii) municipal police chiefs; (iv) 1284
emergency medical services personnel; and (v) representatives of 1285
organizations that provide education, prevention, intervention, 1286
Bill No. 7163
LCO No. 4509 43 of 79
referrals, rehabilitation or support services to individuals with 1287
substance use disorder or chemical dependency. 1288
Sec. 58. Subsection (b) of section 17b-4 of the general statutes is 1289
repealed and the following is substituted in lieu thereof (Effective 1290
October 1, 2019): 1291
(b) The Department of Social Services, in conjunction with the 1292
Department of Public Health and the Department of [Rehabilitation] 1293
Aging and Disability Services, may adopt regulations in accordance 1294
with the provisions of chapter 54 to establish requirements with 1295
respect to the submission of reports concerning financial solvency and 1296
quality of care by nursing homes for the purpose of determining the 1297
financial viability of such homes, identifying homes that appear to be 1298
experiencing financial distress and examining the underlying reasons 1299
for such distress. Such reports shall be submitted to the Nursing Home 1300
Financial Advisory Committee established under section 17b-339. 1301
Sec. 59. Subdivision (11) of subsection (c) of section 17b-28 of the 1302
general statutes is repealed and the following is substituted in lieu 1303
thereof (Effective October 1, 2019): 1304
(11) The Commissioners of Social Services, Children and Families, 1305
Public Health, Developmental Services, [Rehabilitation] Aging and 1306
Disability Services and Mental Health and Addiction Services, or their 1307
designees, who shall be ex-officio nonvoting members; 1308
Sec. 60. Section 17b-251 of the general statutes is repealed and the 1309
following is substituted in lieu thereof (Effective October 1, 2019): 1310
The Department of [Rehabilitation] Aging and Disability Services 1311
shall establish an outreach program to educate consumers as to: (1) 1312
The need for long-term care; (2) mechanisms for financing such care; 1313
(3) the availability of long-term care insurance; and (4) the asset 1314
protection provided under sections 17b-252 to 17b-254, inclusive, and 1315
38a-475, as amended by this act. The Department of [Rehabilitation] 1316
Bill No. 7163
LCO No. 4509 44 of 79
Aging and Disability Services shall provide public information to assist 1317
individuals in choosing appropriate insurance coverage. 1318
Sec. 61. Subsection (c) of section 17b-337 of the general statutes is 1319
repealed and the following is substituted in lieu thereof (Effective 1320
October 1, 2019): 1321
(c) The Long-Term Care Planning Committee shall consist of: (1) 1322
The chairpersons and ranking members of the joint standing 1323
committees of the General Assembly having cognizance of matters 1324
relating to human services, public health, elderly services and long-1325
term care; (2) the Commissioner of Social Services, or the 1326
commissioner's designee; (3) one member of the Office of Policy and 1327
Management appointed by the Secretary of the Office of Policy and 1328
Management; (4) one member from the Department of Public Health 1329
appointed by the Commissioner of Public Health; (5) one member 1330
from the Department of Housing appointed by the Commissioner of 1331
Housing; (6) one member from the Department of Developmental 1332
Services appointed by the Commissioner of Developmental Services; 1333
(7) one member from the Department of Mental Health and Addiction 1334
Services appointed by the Commissioner of Mental Health and 1335
Addiction Services; (8) one member from the Department of 1336
Transportation appointed by the Commissioner of Transportation; (9) 1337
one member from the Department of Children and Families appointed 1338
by the Commissioner of Children and Families; and (10) one member 1339
from the Health Systems Planning Unit of the Office of Health Strategy 1340
appointed by the executive director of the Office of Health Strategy; 1341
and (11) one member from the Department of [Rehabilitation] Aging 1342
and Disability Services appointed by the Commissioner of 1343
[Rehabilitation] Aging and Disability Services. The committee shall 1344
convene no later than ninety days after June 4, 1998. Any vacancy shall 1345
be filled by the appointing authority. The chairperson shall be elected 1346
from among the members of the committee. The committee shall seek 1347
the advice and participation of any person, organization or state or 1348
federal agency it deems necessary to carry out the provisions of this 1349
Bill No. 7163
LCO No. 4509 45 of 79
section. 1350
Sec. 62. Subsection (b) of section 17b-349e of the general statutes is 1351
repealed and the following is substituted in lieu thereof (Effective 1352
October 1, 2019): 1353
(b) The Commissioner of [Rehabilitation] Aging and Disability 1354
Services shall operate a program, within available appropriations, to 1355
provide respite care services for caretakers of individuals with 1356
Alzheimer's disease, provided such individuals with Alzheimer's 1357
disease meet the requirements set forth in subsection (c) of this section. 1358
Such respite care services may include, but need not be limited to (1) 1359
homemaker services; (2) adult day care; (3) temporary care in a 1360
licensed medical facility; (4) home-health care; (5) companion services; 1361
or (6) personal care assistant services. Such respite care services may be 1362
administered directly by the Department of [Rehabilitation] Aging and 1363
Disability Services, or through contracts for services with providers of 1364
such services, or by means of direct subsidy to caretakers of 1365
individuals with Alzheimer's disease to purchase such services. 1366
Sec. 63. Subsection (d) of section 17b-352 of the general statutes is 1367
repealed and the following is substituted in lieu thereof (Effective 1368
October 1, 2019): 1369
(d) Any facility acting pursuant to subdivision (3) of subsection (b) 1370
of this section shall provide written notice, at the same time it submits 1371
its letter of intent, to all patients, guardians or conservators, if any, or 1372
legally liable relatives or other responsible parties, if known, and shall 1373
post such notice in a conspicuous location at the facility. The facility's 1374
written notice shall be accompanied by an informational letter issued 1375
jointly from the Office of the Long-Term Care Ombudsman and the 1376
Department of [Rehabilitation] Aging and Disability Services on 1377
patients' rights and services available as they relate to the letter of 1378
intent. The notice shall state the following: (1) The projected date the 1379
facility will be submitting its certificate of need application, (2) that 1380
Bill No. 7163
LCO No. 4509 46 of 79
only the Department of Social Services has the authority to either 1381
grant, modify or deny the application, (3) that the Department of Social 1382
Services has up to ninety days to grant, modify or deny the certificate 1383
of need application, (4) a brief description of the reason or reasons for 1384
submitting a request for permission, (5) that no patient shall be 1385
involuntarily transferred or discharged within or from a facility 1386
pursuant to state and federal law because of the filing of the certificate 1387
of need application, (6) that all patients have a right to appeal any 1388
proposed transfer or discharge, and (7) the name, mailing address and 1389
telephone number of the Office of the Long-Term Care Ombudsman 1390
and local legal aid office. 1391
Sec. 64. Section 17b-607 of the general statutes is repealed and the 1392
following is substituted in lieu thereof (Effective October 1, 2019): 1393
(a) The Commissioner of [Rehabilitation] Aging and Disability 1394
Services is authorized to establish and administer a fund to be known 1395
as the Assistive Technology Revolving Fund. Said fund shall be used 1396
by said commissioner to make loans to persons with disabilities, senior 1397
citizens or the family members of persons with disabilities or senior 1398
citizens for the purchase of assistive technology and adaptive 1399
equipment and services. Each such loan shall be made for a term of not 1400
more than ten years. Any loans made under this section after July 1, 1401
2013, shall bear interest at a fixed rate not to exceed six per cent. Said 1402
commissioner is authorized to expend any funds necessary for the 1403
reasonable direct expenses relating to the administration of said fund. 1404
Said commissioner shall adopt regulations, in accordance with the 1405
provisions of chapter 54, to implement the purposes of this section. 1406
(b) The State Bond Commission shall have power from time to time 1407
to authorize the issuance of bonds of the state in one or more series in 1408
accordance with section 3-20 and in a principal amount necessary to 1409
carry out the purposes of this section, but not in excess of an aggregate 1410
amount of one million dollars. All of said bonds shall be payable at 1411
such place or places as may be determined by the Treasurer pursuant 1412
Bill No. 7163
LCO No. 4509 47 of 79
to section 3-19 and shall bear such date or dates, mature at such time or 1413
times, not exceeding five years from their respective dates, bear 1414
interest at such rate or different or varying rates and payable at such 1415
time or times, be in such denominations, be in such form with or 1416
without interest coupons attached, carry such registration and transfer 1417
privileges, be payable in such medium of payment and be subject to 1418
such terms of redemption with or without premium as, irrespective of 1419
the provisions of said section 3-20, may be provided by the 1420
authorization of the State Bond Commission or fixed in accordance 1421
therewith. The proceeds of the sale of such bonds shall be deposited in 1422
the Assistive Technology Revolving Fund created by this section. Such 1423
bonds shall be general obligations of the state and the full faith and 1424
credit of the state of Connecticut are pledged for the payment of the 1425
principal of and interest on such bonds as the same become due. 1426
Accordingly, and as part of the contract of the state with the holders of 1427
such bonds, appropriation of all amounts necessary for punctual 1428
payment of such principal and interest is hereby made and the 1429
Treasurer shall pay such principal and interest as the same become 1430
due. Net earnings on investments or reinvestments of proceeds, 1431
accrued interest and premiums on the issuance of such bonds, after 1432
payment therefrom of expenses incurred by the Treasurer or State 1433
Bond Commission in connection with their issuance, shall be deposited 1434
in the General Fund of the state. 1435
(c) The Connecticut Tech Act Project, within the Department of 1436
[Rehabilitation] Aging and Disability Services and as authorized by 29 1437
USC 3001, may provide assistive technology evaluation and training 1438
services upon the request of any person or any public or private entity, 1439
to the extent persons who provide assistive technology services are 1440
available. The project may charge a fee to any person or entity 1441
receiving such assistive technology evaluation and training services to 1442
reimburse the department for its costs. The Commissioner of 1443
[Rehabilitation] Aging and Disability Services shall establish fees at 1444
reasonable rates that will cover the department's direct and indirect 1445
Bill No. 7163
LCO No. 4509 48 of 79
costs. 1446
Sec. 65. Section 17b-612 of the general statutes is repealed and the 1447
following is substituted in lieu thereof (Effective October 1, 2019): 1448
The Department of [Rehabilitation] Aging and Disability Services 1449
shall establish a program to assist public school students with 1450
disabilities in preparing for and obtaining competitive employment 1451
and to strengthen the linkage between vocational rehabilitation 1452
services and public schools. Under the program, the Department of 1453
[Rehabilitation] Aging and Disability Services shall provide, within the 1454
limits of available appropriations, vocational evaluations and other 1455
appropriate transitional services and shall provide vocational 1456
rehabilitation counselors to school districts throughout the state. The 1457
counselors shall, if requested, assist those persons planning in-school 1458
skill development programs. The counselors shall, with planning and 1459
placement team members, develop transition plans and individual 1460
education and work rehabilitation plans for students with disabilities 1461
who will no longer be eligible for continued public school services. 1462
Students whose termination date for receipt of public school services is 1463
most immediate shall be given priority. 1464
Sec. 66. Section 17b-614 of the general statutes is repealed and the 1465
following is substituted in lieu thereof (Effective October 1, 2019): 1466
(a) The Department of [Rehabilitation] Aging and Disability 1467
Services shall establish and maintain a state-wide network of centers 1468
for independent living. 1469
(b) Not more than five per cent of the amount appropriated in any 1470
fiscal year for the purposes of this section may be used by the 1471
Department of [Rehabilitation] Aging and Disability Services to 1472
provide state-wide administration, evaluation and technical assistance 1473
relating to the implementation of this section. 1474
Sec. 67. Subsection (b) of section 17b-615 of the general statutes is 1475
Bill No. 7163
LCO No. 4509 49 of 79
repealed and the following is substituted in lieu thereof (Effective 1476
October 1, 2019): 1477
(b) The council shall meet regularly with the Commissioner of 1478
[Rehabilitation] Aging and Disability Services and shall perform the 1479
following duties: (1) Issue an annual report by January first, with 1480
recommendations regarding independent living services and centers, 1481
to the Governor and the chairpersons of the joint standing committee 1482
of the General Assembly having cognizance of matters relating to 1483
human services, and (2) consult with, advise and make 1484
recommendations to the Department of [Rehabilitation] Aging and 1485
Disability Services concerning independent living and related policy, 1486
management and budgetary issues. 1487
Sec. 68. Section 17b-650a of the general statutes is repealed and the 1488
following is substituted in lieu thereof (Effective October 1, 2019): 1489
(a) There is created a Department of [Rehabilitation] Aging and 1490
Disability Services. The Department of [Rehabilitation] Aging and 1491
Disability Services shall be responsible for providing the following: (1) 1492
Services to persons who are deaf or hard of hearing; (2) services for 1493
persons who are blind or visually impaired; (3) rehabilitation services 1494
in accordance with the provisions of the general statutes concerning 1495
the Department of [Rehabilitation] Aging and Disability Services; and 1496
(4) services for older persons and their families. The Department of 1497
[Rehabilitation] Aging and Disability Services shall constitute a 1498
successor authority to the Bureau of Rehabilitative Services in 1499
accordance with the provisions of sections 4-38d, 4-38e and 4-39. 1500
(b) The department head shall be the Commissioner of 1501
[Rehabilitation] Aging and Disability Services, who shall be appointed 1502
by the Governor in accordance with the provisions of sections 4-5 to 4-1503
8, inclusive, as amended by this act, and shall have the powers and 1504
duties described in said sections. The Commissioner of [Rehabilitation] 1505
Aging and Disability Services shall appoint such persons as may be 1506
Bill No. 7163
LCO No. 4509 50 of 79
necessary to administer the provisions of public act 11-44 and the 1507
Commissioner of Administrative Services shall fix the compensation of 1508
such persons in accordance with the provisions of section 4-40. The 1509
Commissioner of [Rehabilitation] Aging and Disability Services may 1510
create such sections within the Department of [Rehabilitation] Aging 1511
and Disability Services as will facilitate such administration, including 1512
a disability determinations section for which one hundred per cent 1513
federal funds may be accepted for the operation of such section in 1514
conformity with applicable state and federal regulations. The 1515
Commissioner of [Rehabilitation] Aging and Disability Services may 1516
adopt regulations, in accordance with the provisions of chapter 54, to 1517
implement the purposes of the department as established by statute. 1518
(c) The Commissioner of [Rehabilitation] Aging and Disability 1519
Services shall, annually, in accordance with section 4-60, submit to the 1520
Governor a report in electronic format on the activities of the 1521
Department of [Rehabilitation] Aging and Disability Services relating 1522
to services provided by the department to persons who (1) are blind or 1523
visually impaired, (2) are deaf or hard of hearing, (3) receive vocational 1524
rehabilitation services, or (4) are older persons or their families. The 1525
report shall include the data the department provides to the federal 1526
government that relates to the evaluation standards and performance 1527
indicators for the vocational rehabilitation services program. The 1528
commissioner shall submit the report in electronic format, in 1529
accordance with the provisions of section 11-4a, to the joint standing 1530
committees of the General Assembly having cognizance of matters 1531
relating to human services and appropriations and the budgets of state 1532
agencies. 1533
(d) The functions, powers, duties and personnel of the former 1534
Department on Aging, or any subsequent division or portion of a 1535
division with similar functions, powers, duties and personnel, shall be 1536
transferred to the Department of [Rehabilitation] Aging and Disability 1537
Services pursuant to the provisions of sections 4-38d, 4-38e and 4-39. 1538
Bill No. 7163
LCO No. 4509 51 of 79
(e) The Department of [Rehabilitation] Aging and Disability Services 1539
shall constitute a successor department to the former Department on 1540
Aging, in accordance with the provisions of sections 4-38d, 4-38e and 1541
4-39. Wherever the words "Commissioner on Aging" are used in the 1542
general statutes, the words "Commissioner of [Rehabilitation] Aging 1543
and Disability Services" shall be substituted in lieu thereof. Wherever 1544
the words "Department on Aging" are used in the general statutes, the 1545
words "Department of [Rehabilitation] Aging and Disability Services" 1546
shall be substituted in lieu thereof. Any order or regulation of the 1547
former Department on Aging that is in force on the effective date of 1548
this section shall continue in force and effect as an order or regulation 1549
of the Department of [Rehabilitation] Aging and Disability Services 1550
until amended, repealed or superseded pursuant to law. 1551
(f) The Governor may, with the approval of the Finance Advisory 1552
Committee, transfer funds between the Department of Social Services 1553
and the Department of [Rehabilitation] Aging and Disability Services 1554
pursuant to subsection (b) of section 4-87 during the fiscal year ending 1555
June 30, 2018. 1556
(g) The Department of [Rehabilitation] Aging and Disability 1557
Services is designated as the State Unit on Aging to administer, 1558
manage, design and advocate for benefits, programs and services for 1559
older persons and their families pursuant to the Older Americans Act. 1560
The department shall study continuously the conditions and needs of 1561
older persons in this state in relation to nutrition, transportation, home 1562
care, housing, income, employment, health, recreation and other 1563
matters. The department shall be responsible, in cooperation with 1564
federal, state, local and area planning agencies on aging, for the overall 1565
planning, development and administration of a comprehensive and 1566
integrated social service delivery system for older persons. The 1567
Department of [Rehabilitation] Aging and Disability Services is 1568
designated as the state agency for the administration of nutritional 1569
programs for elderly persons described in section 17a-302, as amended 1570
by this act, the fall prevention program described in section 17a-303a, 1571
Bill No. 7163
LCO No. 4509 52 of 79
as amended by this act, the CHOICES program described in section 1572
17a-314, as amended by this act, the Aging and Disability Resource 1573
Center Program described in section 17a-316a, as amended by this act, 1574
and the Alzheimer's respite program described in section 17b-349e. 1575
Sec. 69. Section 17b-650e of the general statutes is repealed and the 1576
following is substituted in lieu thereof (Effective October 1, 2019): 1577
The Department of [Rehabilitation] Aging and Disability Services 1578
may provide necessary services to persons who are deaf or hard of 1579
hearing, including, but not limited to, nonreimbursable interpreter 1580
services and message relay services for persons using 1581
telecommunication devices for persons who are deaf. 1582
Sec. 70. Section 17b-651a of the general statutes is repealed and the 1583
following is substituted in lieu thereof (Effective October 1, 2019): 1584
The Commissioner of [Rehabilitation] Aging and Disability Services 1585
shall inquire into the criminal history of any applicant, who is not at 1586
the time of application employed by the Department of 1587
[Rehabilitation] Aging and Disability Services, for a position of 1588
employment with the department's disability determination services 1589
unit. Such inquiry shall be conducted in accordance with the 1590
provisions of section 31-51i. The commissioner shall require each such 1591
applicant to state whether the applicant has ever been convicted of a 1592
crime, whether criminal charges are pending against the applicant at 1593
the time of application, and, if so, to identify the charges and court in 1594
which such charges are pending. Each such applicant offered a 1595
position of employment with the department's disability 1596
determination services unit shall be required to submit to 1597
fingerprinting and state and national criminal history records checks, 1598
as provided in section 29-17a. 1599
Sec. 71. Section 17b-653 of the general statutes is repealed and the 1600
following is substituted in lieu thereof (Effective October 1, 2019): 1601
Bill No. 7163
LCO No. 4509 53 of 79
(a) Vocational rehabilitation services shall be provided, with or 1602
without public cost, directly or through public or private 1603
instrumentalities, as part of an individual plan for employment for a 1604
person with disabilities determined to be eligible by the Department of 1605
[Rehabilitation] Aging and Disability Services, in accordance with Title 1606
I of the Rehabilitation Act, 29 USC 701 et seq., as amended from time to 1607
time. Nothing in this section shall be construed to mean that an 1608
individual's ability or inability to share in the cost of vocational 1609
rehabilitation services may be taken into account during the 1610
determination of eligibility for such services. 1611
(b) If vocational rehabilitation services cannot be provided for all 1612
eligible persons with disabilities who apply for such services, the 1613
Department of [Rehabilitation] Aging and Disability Services shall 1614
determine, in accordance with Title I of the Rehabilitation Act of 1973, 1615
29 USC 701 et seq., and federal regulations, as amended from time to 1616
time, the order to be followed in selecting those to whom such services 1617
will be provided. 1618
(c) Nothing in section 17b-650 or subsection (a) of this section shall 1619
be construed to preclude provision of vocational rehabilitation 1620
services, with or without public cost, to a person with a disability 1621
under an extended evaluation for a total period not in excess of 1622
eighteen months, in accordance with Title I of the Rehabilitation Act of 1623
1973, 29 USC 701 et seq., as amended from time to time. 1624
(d) The Commissioner of [Rehabilitation] Aging and Disability 1625
Services may adopt regulations in accordance with the provisions of 1626
chapter 54 to establish standards and procedures governing the 1627
provision of vocational rehabilitation services and, where appropriate, 1628
a means test to determine, based upon the financial need of each 1629
eligible person with disabilities, the extent to which such services will 1630
be provided at public cost. Any funds received by the Department of 1631
[Rehabilitation] Aging and Disability Services from individuals or 1632
third parties for the provision of vocational rehabilitation services shall 1633
Bill No. 7163
LCO No. 4509 54 of 79
be used by the department to provide such services. The regulations 1634
may also prescribe the procedures to be used when payment is made 1635
by individuals required to contribute to the cost of vocational 1636
rehabilitation services. Regulations developed to implement a means 1637
test shall include, but not be limited to: (1) An exemption for any 1638
individual with an income of less than one hundred per cent of the 1639
state median income and assets which are less than five thousand 1640
dollars; (2) an exemption for services covered in an individual plan for 1641
employment in effect at the time of implementation of the means test; 1642
(3) an exclusion from an individual's income of the costs of necessary 1643
and reasonable disability-related expenses including, but not limited 1644
to, personal attendant services and medications for which payment is 1645
unavailable to the individual through other benefits or resources; (4) 1646
an exclusion from the individual's assets of the value of the 1647
individual's primary residence and motor vehicle; (5) a method by 1648
which the Commissioner of [Rehabilitation] Aging and Disability 1649
Services may reduce the level of required contributions by an 1650
individual in the case of undue hardship; and (6) a requirement that 1651
the Department of [Rehabilitation] Aging and Disability Services notify 1652
an individual of the results of the means test analysis within thirty 1653
days of receipt of necessary financial information from the individual. 1654
Such means test shall not apply to services covered under a 1655
determination of financial need made by an institution of higher 1656
education. The Department of [Rehabilitation] Aging and Disability 1657
Services shall develop the regulations in consultation with 1658
representatives of providers of vocational rehabilitation services and 1659
recipients of such services or their representatives. 1660
Sec. 72. Section 17b-654 of the general statutes is repealed and the 1661
following is substituted in lieu thereof (Effective October 1, 2019): 1662
(a) Any applicant for or recipient of vocational rehabilitation 1663
services may request an informal review of any decision made by the 1664
Department of [Rehabilitation] Aging and Disability Services pursuant 1665
to section 17b-653, as amended by this act. 1666
Bill No. 7163
LCO No. 4509 55 of 79
(b) Regardless of whether a person requests an informal review 1667
under subsection (a) of this section, any applicant for or recipient of 1668
vocational rehabilitation services who is aggrieved by a decision made 1669
by the Department of [Rehabilitation] Aging and Disability Services 1670
pursuant to section 17b-653, as amended by this act, may request an 1671
administrative hearing, by making written request to the 1672
Commissioner of [Rehabilitation] Aging and Disability Services. 1673
(c) An individual who is aggrieved by a final agency decision made 1674
pursuant to subsection (b) of this section may appeal therefrom in 1675
accordance with section 4-183. Such appeals shall be privileged cases 1676
to be heard by the court as soon after the return day as shall be 1677
practicable. 1678
Sec. 73. Section 17b-655 of the general statutes is repealed and the 1679
following is substituted in lieu thereof (Effective October 1, 2019): 1680
(a) In carrying out sections 17b-650 to 17b-663, inclusive, the 1681
Department of [Rehabilitation] Aging and Disability Services shall 1682
cooperate with other departments, agencies and institutions, both 1683
public and private, in providing for the vocational rehabilitation of 1684
persons with disabilities, in studying the problems involved therein 1685
and in establishing, developing and providing such programs, 1686
facilities and services as it deems necessary or desirable. 1687
Notwithstanding any other provision of the general statutes, the 1688
Department of [Rehabilitation] Aging and Disability Services shall not 1689
be required to pay that portion of the cost of a program of 1690
postsecondary education or training which is properly designated as 1691
expected parental or family contribution in accordance with state and 1692
federal law regarding eligibility for student financial aid. 1693
(b) Subject to the approval of all real estate acquisitions by the 1694
Commissioner of Administrative Services and the State Properties 1695
Review Board, in carrying out said sections, the Department of 1696
[Rehabilitation] Aging and Disability Services may (1) establish, 1697
Bill No. 7163
LCO No. 4509 56 of 79
operate, foster and promote the establishment of rehabilitation 1698
facilities and make grants to public and other nonprofit and 1699
nonsectarian organizations for such purposes; (2) assist persons with 1700
significant disabilities to establish and operate small businesses; and 1701
(3) make studies, investigations, demonstrations and reports, and 1702
provide training and instruction, including the establishment and 1703
maintenance of such research fellowships and traineeships with such 1704
stipends and allowances as may be deemed necessary, in matters 1705
relating to vocational rehabilitation. 1706
(c) The Commissioner of [Rehabilitation] Aging and Disability 1707
Services shall develop and maintain a program of public education 1708
and information. The program shall include, but not be limited to, 1709
education of the public concerning services available from the 1710
Department of [Rehabilitation] Aging and Disability Services, its 1711
policies and goals, an outreach effort to discover persons with 1712
disabilities, including such persons who are minorities as defined in 1713
subsection (a) of section 32-9n, who may benefit from the services it 1714
offers and the dissemination of printed materials to persons at their 1715
initial meeting with staff of the department, including a statement of 1716
such person's rights. Each state agency providing services to persons 1717
with disabilities shall furnish to each person applying for such 1718
services, at the time of initial application, a written summary of all 1719
state programs for persons with disabilities. Such summary shall be 1720
developed by the Department of Social Services as the lead agency for 1721
services to persons with disabilities pursuant to section 17b-606. The 1722
Department of Social Services shall distribute sufficient copies of the 1723
summary to all state agencies providing services to persons with 1724
disabilities in order that such copies may be furnished in accordance 1725
with this subsection. 1726
Sec. 74. Section 17b-657 of the general statutes is repealed and the 1727
following is substituted in lieu thereof (Effective October 1, 2019): 1728
The Department of [Rehabilitation] Aging and Disability Services is 1729
Bill No. 7163
LCO No. 4509 57 of 79
authorized to provide such medical, diagnostic, physical restoration, 1730
training and other rehabilitation services as may be needed to enable 1731
persons with disabilities to attain the maximum degree of self care. The 1732
powers herein delegated and authorized to the Department of 1733
[Rehabilitation] Aging and Disability Services shall be in addition to 1734
those authorized by any other law and shall become effective upon 1735
authorization of federal grant-in-aid funds for participation in the cost 1736
of independent living rehabilitation services for persons with 1737
disabilities. The Department of [Rehabilitation] Aging and Disability 1738
Services shall be authorized to cooperate with whatever federal agency 1739
is directed to administer the federal aspects of such program and to 1740
comply with such requirements and conditions as may be established 1741
for the receipt and disbursement of federal grant-in-aid funds which 1742
may be made available to the state of Connecticut in carrying out such 1743
program. 1744
Sec. 75. Section 17b-658 of the general statutes is repealed and the 1745
following is substituted in lieu thereof (Effective October 1, 2019): 1746
The Department of [Rehabilitation] Aging and Disability Services is 1747
authorized to cooperate with the federal government in carrying out 1748
the purposes of any federal statutes pertaining to vocational 1749
rehabilitation, to adopt such methods of administration as it finds 1750
necessary for the proper and efficient operation of agreements or plans 1751
for vocational rehabilitation and to comply with such conditions as 1752
may be necessary to secure the full benefits of such federal statutes to 1753
this state. 1754
Sec. 76. Section 17b-659 of the general statutes is repealed and the 1755
following is substituted in lieu thereof (Effective October 1, 2019): 1756
The State Treasurer is designated as the custodian of all funds 1757
received from the federal government for the purpose of carrying out 1758
any federal statutes pertaining to vocational rehabilitation or any 1759
agreements authorized by sections 17b-650 to 17b-663, inclusive, and 1760
Bill No. 7163
LCO No. 4509 58 of 79
shall make disbursements from such funds and from all state funds 1761
available for vocational rehabilitation purposes upon certification by 1762
the Commissioner of [Rehabilitation] Aging and Disability Services. 1763
Sec. 77. Section 17b-660 of the general statutes is repealed and the 1764
following is substituted in lieu thereof (Effective October 1, 2019): 1765
The Commissioner of [Rehabilitation] Aging and Disability Services 1766
is authorized to accept and use gifts made unconditionally by will or 1767
otherwise for carrying out the purposes of the general statutes 1768
concerning the Department of [Rehabilitation] Aging and Disability 1769
Services. Gifts made under such conditions as in the judgment of the 1770
Commissioner of [Rehabilitation] Aging and Disability Services are 1771
proper and consistent with the provisions of said sections may be so 1772
accepted and shall be held, invested, reinvested and used in 1773
accordance with the conditions of the gift. 1774
Sec. 78. Section 17b-661 of the general statutes is repealed and the 1775
following is substituted in lieu thereof (Effective October 1, 2019): 1776
Notwithstanding any other provision of the general statutes, the 1777
Department of [Rehabilitation] Aging and Disability Services may, 1778
within the limits of appropriations, purchase (1) wheelchairs and 1779
placement equipment directly and without the issuance of a purchase 1780
order, provided the cost of such purchases shall not be in excess of 1781
twenty thousand dollars per unit, and (2) adaptive equipment, 1782
including equipment to modify vehicles for persons with disabilities 1783
directly and without the issuance of a purchase order, provided the 1784
cost of such purchases of adaptive equipment shall not be in excess of 1785
one hundred twenty thousand dollars per unit. All such purchases 1786
shall be made in the open market, but shall, when possible, be based 1787
on at least three competitive bids. Such bids shall be solicited by 1788
sending notice to prospective suppliers and by posting notice on the 1789
Internet web site of the Department of [Rehabilitation] Aging and 1790
Disability Services. Each bid shall be opened publicly at the time stated 1791
Bill No. 7163
LCO No. 4509 59 of 79
in the notice soliciting such bid. Acceptance of a bid by the Department 1792
of [Rehabilitation] Aging and Disability Services shall be based on 1793
standard specifications as may be adopted by said department. 1794
Sec. 79. Section 17b-666 of the general statutes is repealed and the 1795
following is substituted in lieu thereof (Effective October 1, 2019): 1796
(a) The Department of [Rehabilitation] Aging and Disability 1797
Services may receive state and federal funds to administer, within 1798
available appropriations, an employment opportunities program to 1799
serve individuals with the most significant disabilities who do not 1800
meet the eligibility requirements of supported employment programs 1801
administered by the Departments of Developmental Services, Social 1802
Services and Mental Health and Addiction Services. For the purposes 1803
of this section, "individuals with the most significant disabilities" 1804
means those individuals who (1) have serious employment limitations 1805
in a total of three or more functional areas including, but not limited 1806
to, mobility, communication, self-care, interpersonal skills, work 1807
tolerance or work skills, or (2) will require significant ongoing 1808
disability-related services on the job in order to maintain employment. 1809
(b) The employment opportunities program shall provide extended 1810
services, as defined in 34 CFR 361.5(b)(19), that are necessary for 1811
individuals with the most significant disabilities to maintain supported 1812
employment. Such services shall include coaching and other related 1813
services that allow participants to obtain and maintain employment 1814
and maximize economic self-sufficiency. 1815
(c) The Department of [Rehabilitation] Aging and Disability Services 1816
shall adopt regulations, in accordance with chapter 54, to implement 1817
the provisions of this section. 1818
Sec. 80. Section 21a-3a of the general statutes is repealed and the 1819
following is substituted in lieu thereof (Effective October 1, 2019): 1820
The Department of Consumer Protection, in collaboration with the 1821
Bill No. 7163
LCO No. 4509 60 of 79
Department of [Rehabilitation] Aging and Disability Services, shall 1822
conduct a public awareness campaign, within available funding, to 1823
educate elderly consumers and caregivers on ways to resist aggressive 1824
marketing tactics and scams. 1825
Sec. 81. Section 23-15c of the general statutes is repealed and the 1826
following is substituted in lieu thereof (Effective October 1, 2019): 1827
(a) Not later than December 1, 2015, and annually thereafter, any 1828
person who has a contractual agreement with the Department of 1829
[Rehabilitation] Aging and Disability Services for the operation in any 1830
state park of any food service facility, vending machine or stand for the 1831
vending of goods shall report to the Department of [Rehabilitation] 1832
Aging and Disability Services the amount of revenue that such person 1833
generated during the calendar year as a result of such contract. Not 1834
later than January 1, 2016, and each year thereafter, the Department of 1835
[Rehabilitation] Aging and Disability Services shall compile any 1836
reports received pursuant to this subsection and transmit such reports 1837
to the Commissioner of Energy and Environmental Protection. 1838
(b) On or before January 30, 2016, and each year thereafter, the 1839
Commissioner of Energy and Environmental Protection shall compile 1840
the following information: (1) The number of food service facilities, 1841
vending machines and stands for the vending of goods that are located 1842
in the state parks and the location of the respective parks that have 1843
such facilities, machines or stands, (2) the amount of revenues 1844
generated from such food service facilities, vending machines and 1845
stands for the vending of goods, as reported to the commissioner by 1846
the Department of [Rehabilitation] Aging and Disability Services 1847
pursuant to subsection (a) of this section, (3) the contractual agreement 1848
or provision of law that provides for the payment of any portion of 1849
such revenues to the state or that prohibits or limits the payment of 1850
such revenues to the state, (4) the amount of such revenues paid to the 1851
state in the subject calendar year, and (5) the manner in which such 1852
revenues were used by the state, if identifiable by the commissioner. 1853
Bill No. 7163
LCO No. 4509 61 of 79
Sec. 82. Section 26-29 of the general statutes is repealed and the 1854
following is substituted in lieu thereof (Effective October 1, 2019): 1855
No fee shall be charged for any sport fishing license issued under 1856
this chapter to any person who is blind, and such license shall be a 1857
lifetime license not subject to the expiration provisions of section 26-35. 1858
Proof of such blindness shall be furnished, in the case of a veteran, by 1859
the United States Department of Veterans Affairs and, in the case of 1860
any other person, by the Department of [Rehabilitation] Aging and 1861
Disability Services. For the purpose of this section, a person shall be 1862
blind only if his or her central visual acuity does not exceed 20/200 in 1863
the better eye with correcting lenses, or if his or her visual acuity is 1864
greater than 20/200 but is accompanied by a limitation in the fields of 1865
vision such that the widest diameter of the visual field subtends an 1866
angle no greater than twenty degrees. 1867
Sec. 83. Subsection (d) of section 31-280 of the general statutes is 1868
repealed and the following is substituted in lieu thereof (Effective 1869
October 1, 2019): 1870
(d) The chairman and the Comptroller, as soon as practicable after 1871
August first in each year, shall ascertain the total amount of expenses 1872
incurred by the commission, including, in addition to the direct cost of 1873
personnel services, the cost of maintenance and operation, rentals for 1874
space occupied in state leased offices and all other direct and indirect 1875
costs, incurred by the commission and the expenses incurred by the 1876
Department of [Rehabilitation] Aging and Disability Services in 1877
providing rehabilitation services for employees suffering compensable 1878
injuries in accordance with the provisions of section 31-283a, as 1879
amended by this act, during the preceding fiscal year in connection 1880
with the administration of the Workers' Compensation Act and the 1881
total noncontributory payments required to be made to the Treasurer 1882
towards commissioners' retirement salaries as provided in sections 51-1883
49, 51-50, 51-50a and 51-50b. An itemized statement of the expenses as 1884
so ascertained shall be available for public inspection in the office of 1885
Bill No. 7163
LCO No. 4509 62 of 79
the chairman of the Workers' Compensation Commission for thirty 1886
days after notice to all insurance carriers, and to all employers 1887
permitted to pay compensation directly affected thereby. 1888
Sec. 84. Section 31-283a of the general statutes is repealed and the 1889
following is substituted in lieu thereof (Effective October 1, 2019): 1890
(a) The Department of [Rehabilitation] Aging and Disability 1891
Services shall provide rehabilitation programs for employees with 1892
compensable injuries within the provisions of this chapter, which 1893
injuries prevented such employees from performing their customary 1894
or most recent work. The Commissioner of [Rehabilitation] Aging and 1895
Disability Services shall establish rehabilitation programs which shall 1896
best suit the needs of such employees and shall make the programs 1897
available in convenient locations throughout the state. After 1898
consultation with the Labor Commissioner, the Commissioner of 1899
[Rehabilitation] Aging and Disability Services may establish fees for 1900
the programs, so as to provide the most effective rehabilitation 1901
programs at a minimum rate. In order to carry out the provisions of 1902
this section, the Commissioner of [Rehabilitation] Aging and Disability 1903
Services shall adopt regulations, in accordance with the provisions of 1904
chapter 54, and, subject to the provisions of chapter 67, provide for the 1905
employment of necessary assistants. 1906
(b) The Commissioner of [Rehabilitation] Aging and Disability 1907
Services shall be authorized to (1) enter into agreements with other 1908
state or federal agencies to carry out the purposes of this section and 1909
expend money for that purpose, and (2) on behalf of the state of 1910
Connecticut, develop matching programs or activities to secure federal 1911
grants or funds for the purposes of this section and may pledge or use 1912
funds supplied from the administrative costs fund, as provided in 1913
section 31-345, as amended by this act, to finance the state's share of 1914
the programs or activities. 1915
Sec. 85. Subsection (a) of section 31-296 of the general statutes is 1916
Bill No. 7163
LCO No. 4509 63 of 79
repealed and the following is substituted in lieu thereof (Effective 1917
October 1, 2019): 1918
(a) If an employer and an injured employee, or in case of fatal injury 1919
the employee's legal representative or dependent, at a date not earlier 1920
than the expiration of the waiting period, reach an agreement in regard 1921
to compensation, such agreement shall be submitted in writing to the 1922
commissioner by the employer with a statement of the time, place and 1923
nature of the injury upon which it is based; and, if such commissioner 1924
finds such agreement to conform to the provisions of this chapter in 1925
every regard, the commissioner shall so approve it. A copy of the 1926
agreement, with a statement of the commissioner's approval, shall be 1927
delivered to each of the parties and thereafter it shall be as binding 1928
upon both parties as an award by the commissioner. The 1929
commissioner's statement of approval shall also inform the employee 1930
or the employee's dependent, as the case may be, of any rights the 1931
individual may have to an annual cost-of-living adjustment or to 1932
participate in a rehabilitation program administered by the 1933
Department of [Rehabilitation] Aging and Disability Services under 1934
the provisions of this chapter. The commissioner shall retain the 1935
original agreement, with the commissioner's approval thereof, in the 1936
commissioner's office and, if an application is made to the superior 1937
court for an execution, the commissioner shall, upon the request of 1938
said court, file in the court a certified copy of the agreement and 1939
statement of approval. 1940
Sec. 86. Section 31-300 of the general statutes is repealed and the 1941
following is substituted in lieu thereof (Effective October 1, 2019): 1942
As soon as may be after the conclusion of any hearing, but no later 1943
than one hundred twenty days after such conclusion, the 1944
commissioner shall send to each party a written copy of the 1945
commissioner's findings and award. The commissioner shall, as part of 1946
the written award, inform the employee or the employee's dependent, 1947
as the case may be, of any rights the individual may have to an annual 1948
Bill No. 7163
LCO No. 4509 64 of 79
cost-of-living adjustment or to participate in a rehabilitation program 1949
administered by the Department of [Rehabilitation] Aging and 1950
Disability Services under the provisions of this chapter. The 1951
commissioner shall retain the original findings and award in said 1952
commissioner's office. If no appeal from the decision is taken by either 1953
party within twenty days thereafter, such award shall be final and may 1954
be enforced in the same manner as a judgment of the Superior Court. 1955
The court may issue execution upon any uncontested or final award of 1956
a commissioner in the same manner as in cases of judgments rendered 1957
in the Superior Court; and, upon the filing of an application to the 1958
court for an execution, the commissioner in whose office the award is 1959
on file shall, upon the request of the clerk of said court, send to the 1960
clerk a certified copy of such findings and award. In cases where, 1961
through the fault or neglect of the employer or insurer, adjustments of 1962
compensation have been unduly delayed, or where through such fault 1963
or neglect, payments have been unduly delayed, the commissioner 1964
may include in the award interest at the rate prescribed in section 37-1965
3a and a reasonable attorney's fee in the case of undue delay in 1966
adjustments of compensation and may include in the award in the case 1967
of undue delay in payments of compensation, interest at twelve per 1968
cent per annum and a reasonable attorney's fee. Payments not 1969
commenced within thirty-five days after the filing of a written notice of 1970
claim shall be presumed to be unduly delayed unless a notice to 1971
contest the claim is filed in accordance with section 31-297. In cases 1972
where there has been delay in either adjustment or payment, which 1973
delay has not been due to the fault or neglect of the employer or 1974
insurer, whether such delay was caused by appeals or otherwise, the 1975
commissioner may allow interest at such rate, not to exceed the rate 1976
prescribed in section 37-3a, as may be fair and reasonable, taking into 1977
account whatever advantage the employer or insurer, as the case may 1978
be, may have had from the use of the money, the burden of showing 1979
that the rate in such case should be less than the rate prescribed in 1980
section 37-3a to be upon the employer or insurer. In cases where the 1981
claimant prevails and the commissioner finds that the employer or 1982
Bill No. 7163
LCO No. 4509 65 of 79
insurer has unreasonably contested liability, the commissioner may 1983
allow to the claimant a reasonable attorney's fee. No employer or 1984
insurer shall discontinue or reduce payment on account of total or 1985
partial incapacity under any such award, if it is claimed by or on 1986
behalf of the injured person that such person's incapacity still 1987
continues, unless such employer or insurer notifies the commissioner 1988
and the employee of such proposed discontinuance or reduction in the 1989
manner prescribed in section 31-296, as amended by this act, and the 1990
commissioner specifically approves such discontinuance or reduction 1991
in writing. The commissioner shall render the decision within fourteen 1992
days of receipt of such notice and shall forward to all parties to the 1993
claim a copy of the decision not later than seven days after the decision 1994
has been rendered. If the decision of the commissioner finds for the 1995
employer or insurer, the injured person shall return any wrongful 1996
payments received from the day designated by the commissioner as 1997
the effective date for the discontinuance or reduction of benefits. Any 1998
employee whose benefits for total incapacity are discontinued under 1999
the provisions of this section and who is entitled to receive benefits for 2000
partial incapacity as a result of an award, shall receive those benefits 2001
commencing the day following the designated effective date for the 2002
discontinuance of benefits for total incapacity. In any case where the 2003
commissioner finds that the employer or insurer has discontinued or 2004
reduced any such payment without having given such notice and 2005
without the commissioner having approved such discontinuance or 2006
reduction in writing, the commissioner shall allow the claimant a 2007
reasonable attorney's fee together with interest at the rate prescribed in 2008
section 37-3a on the discontinued or reduced payments. 2009
Sec. 87. Subdivision (2) of subsection (b) of section 31-345 of the 2010
general statutes is repealed and the following is substituted in lieu 2011
thereof (Effective October 1, 2019): 2012
(2) The chairman of the Workers' Compensation Commission shall 2013
annually, on or after July first of each fiscal year, determine an amount 2014
sufficient in the chairman's judgment to meet the expenses incurred by 2015
Bill No. 7163
LCO No. 4509 66 of 79
the Workers' Compensation Commission and the Department of 2016
[Rehabilitation] Aging and Disability Services in providing 2017
rehabilitation services for employees suffering compensable injuries in 2018
accordance with section 31-283a, as amended by this act. Such 2019
expenses shall include (A) the costs of the Division of Workers' 2020
Rehabilitation and the programs established by its director, for fiscal 2021
years prior to the fiscal year beginning July 1, 2011, (B) the costs of the 2022
Division of Worker Education and the programs established by its 2023
director, and (C) funding for the occupational health clinic program 2024
created pursuant to sections 31-396 to 31-402, inclusive. The Treasurer 2025
shall thereupon assess upon and collect from each employer, other 2026
than the state and any municipality participating for purposes of its 2027
liability under this chapter as a member in an interlocal risk 2028
management agency pursuant to chapter 113a, the proportion of such 2029
expenses, based on the immediately preceding fiscal year, that the total 2030
compensation and payment for hospital, medical and nursing care 2031
made by such self-insured employer or private insurance carrier acting 2032
on behalf of any such employer bore to the total compensation and 2033
payments for the immediately preceding fiscal year for hospital, 2034
medical and nursing care made by such insurance carriers and 2035
self-insurers. For the fiscal years ending June 30, 2000, and June 30, 2036
2001, such assessments shall not exceed five per cent of such total 2037
compensation and payments made by such insurance carriers and self-2038
insurers. For the fiscal years ending June 30, 2002, and June 30, 2003, 2039
such assessments shall not exceed four and one-half per cent of such 2040
total compensation and payments made by such insurance carriers and 2041
self-insurers. For any fiscal year ending on or after June 30, 2004, such 2042
assessment shall not exceed four per cent of such total compensation 2043
and payments made by such insurance carriers and self-insurers. Such 2044
assessments and expenses shall not exceed the budget estimates 2045
submitted in accordance with subsection (c) of section 31-280. For each 2046
fiscal year, such assessment shall be reduced pro rata by the amount of 2047
any surplus from the assessments of prior fiscal years. Said surplus 2048
shall be determined in accordance with subdivision (3) of this 2049
Bill No. 7163
LCO No. 4509 67 of 79
subsection. Such assessments shall be made in one annual assessment 2050
upon receipt of the chairman's expense determination by the 2051
Treasurer. All assessments shall be paid not later than sixty days 2052
following the date of the assessment by the Treasurer. Any employer 2053
who fails to pay such assessment to the Treasurer within the time 2054
prescribed by this subdivision shall pay interest to the Treasurer on the 2055
assessment at the rate of eight per cent per annum from the date the 2056
assessment is due until the date of payment. All assessments received 2057
by the Treasurer pursuant to this subdivision to meet the expenses of 2058
the Workers' Compensation Commission shall be deposited in the 2059
Workers' Compensation Administration Fund established under 2060
section 31-344a. All assessments received by the Treasurer pursuant to 2061
this subdivision to meet the expenses incurred by the Department of 2062
[Rehabilitation] Aging and Disability Services in providing 2063
rehabilitation services for employees suffering compensable injuries in 2064
accordance with section 31-283a, as amended by this act, shall be 2065
deposited in the Workers' Compensation Administration Fund. The 2066
Treasurer is hereby authorized to make credits or rebates for 2067
overpayments made under this subsection by any employer for any 2068
fiscal year. 2069
Sec. 88. Subsection (a) of section 31-349b of the general statutes is 2070
repealed and the following is substituted in lieu thereof (Effective 2071
October 1, 2019): 2072
(a) Any employee who has suffered a compensable injury under the 2073
provisions of this chapter, and who is receiving benefits for such injury 2074
from the Second Injury Fund pursuant to the provisions of section 31-2075
349, may file a written request with the commissioner in the district 2076
where the original claim was filed for a hearing to determine whether 2077
the employee's injury constitutes a permanent vocational disability. 2078
The hearing shall be held within sixty days of the date the request was 2079
filed. Upon the request of the commissioner and prior to the 2080
conclusion of such hearing, the Commissioner of [Rehabilitation] 2081
Aging and Disability Services shall, after receiving such information 2082
Bill No. 7163
LCO No. 4509 68 of 79
on the case which the commissioner deems necessary, submit written 2083
recommendations concerning the case to the commissioner for his 2084
consideration. The commissioner shall issue his decision, in writing, 2085
within ten days after the conclusion of the hearing. If the commissioner 2086
determines that the employee's injury is a permanent vocational 2087
disability, the employee shall be issued a certificate of disability by the 2088
commissioner. Such certificate shall be effective for a stated period of 2089
time of from one to five years, as determined by the commissioner. The 2090
decision of the commissioner may be appealed in accordance with the 2091
provisions of section 31-301. 2092
Sec. 89. Subdivision (4) of subsection (a) of section 38a-47 of the 2093
general statutes is repealed and the following is substituted in lieu 2094
thereof (Effective October 1, 2019): 2095
(4) The amount appropriated to the Department of [Rehabilitation] 2096
Aging and Disability Services for the fall prevention program 2097
established in section 17a-303a, as amended by this act, from the 2098
Insurance Fund for the fiscal year. 2099
Sec. 90. Subsection (b) of section 38a-48 of the general statutes is 2100
repealed and the following is substituted in lieu thereof (Effective 2101
October 1, 2019): 2102
(b) On or before July thirty-first, annually, the Insurance 2103
Commissioner and the Office of the Healthcare Advocate shall render 2104
to each domestic insurance company or other domestic entity liable for 2105
payment under section 38a-47, as amended by this act: (1) A statement 2106
that includes (A) the amount appropriated to the Insurance 2107
Department, the Office of the Healthcare Advocate and the Office of 2108
Health Strategy from the Insurance Fund established under section 2109
38a-52a for the fiscal year beginning July first of the same year, (B) the 2110
cost of fringe benefits for department and office personnel for such 2111
year, as estimated by the Comptroller, (C) the estimated expenditures 2112
on behalf of the department and the offices from the Capital 2113
Bill No. 7163
LCO No. 4509 69 of 79
Equipment Purchase Fund pursuant to section 4a-9 for such year, not 2114
including such estimated expenditures made on behalf of the Health 2115
Systems Planning Unit of the Office of Health Strategy, and (D) the 2116
amount appropriated to the Department of [Rehabilitation] Aging and 2117
Disability Services for the fall prevention program established in 2118
section 17a-303a, as amended by this act, from the Insurance Fund for 2119
the fiscal year; (2) a statement of the total taxes imposed on all 2120
domestic insurance companies and domestic insurance entities under 2121
chapter 207 on business done in this state during the preceding 2122
calendar year; and (3) the proposed assessment against that company 2123
or entity, calculated in accordance with the provisions of subsection (c) 2124
of this section, provided for the purposes of this calculation the 2125
amount appropriated to the Insurance Department, the Office of the 2126
Healthcare Advocate and the Office of Health Strategy from the 2127
Insurance Fund plus the cost of fringe benefits for department and 2128
office personnel and the estimated expenditures on behalf of the 2129
department and the office from the Capital Equipment Purchase Fund 2130
pursuant to section 4a-9, not including such expenditures made on 2131
behalf of the Health Systems Planning Unit of the Office of Health 2132
Strategy shall be deemed to be the actual expenditures of the 2133
department and the office, and the amount appropriated to the 2134
Department of [Rehabilitation] Aging and Disability Services from the 2135
Insurance Fund for the fiscal year for the fall prevention program 2136
established in section 17a-303a, as amended by this act, shall be 2137
deemed to be the actual expenditures for the program. 2138
Sec. 91. Subsection (g) of section 38a-48 of the general statutes is 2139
repealed and the following is substituted in lieu thereof (Effective 2140
October 1, 2019): 2141
(g) If the actual expenditures for the fall prevention program 2142
established in section 17a-303a, as amended by this act, are less than 2143
the amount allocated, the Commissioner of [Rehabilitation] Aging and 2144
Disability Services shall notify the Insurance Commissioner and the 2145
Healthcare Advocate. Immediately following the close of the fiscal 2146
Bill No. 7163
LCO No. 4509 70 of 79
year, the Insurance Commissioner and the Healthcare Advocate shall 2147
recalculate the proposed assessment for each domestic insurance 2148
company or other domestic entity in accordance with subsection (c) of 2149
this section using the actual expenditures made during the fiscal year 2150
by the Insurance Department, the Office of the Healthcare Advocate 2151
and the Office of Health Strategy from the Insurance Fund, the actual 2152
expenditures made on behalf of the department and the offices from 2153
the Capital Equipment Purchase Fund pursuant to section 4a-9, not 2154
including such expenditures made on behalf of the Health Systems 2155
Planning Unit of the Office of Health Strategy, and the actual 2156
expenditures for the fall prevention program. On or before July thirty-2157
first, the Insurance Commissioner and the Healthcare Advocate shall 2158
render to each such domestic insurance company and other domestic 2159
entity a statement showing the difference between their respective 2160
recalculated assessments and the amount they have previously paid. 2161
On or before August thirty-first, the Insurance Commissioner and the 2162
Healthcare Advocate, after receiving any objections to such statements, 2163
shall make such adjustments which in their opinion may be indicated, 2164
and shall render an adjusted assessment, if any, to the affected 2165
companies. 2166
Sec. 92. Section 38a-475 of the general statutes is repealed and the 2167
following is substituted in lieu thereof (Effective October 1, 2019): 2168
The Insurance Department shall only precertify long-term care 2169
insurance policies that (1) alert the purchaser to the availability of 2170
consumer information and public education provided by the 2171
Department of [Rehabilitation] Aging and Disability Services pursuant 2172
to section 17b-251, as amended by this act; (2) offer the option of home 2173
and community-based services in addition to nursing home care; (3) in 2174
all home care plans, include case management services delivered by an 2175
access agency approved by the Office of Policy and Management and 2176
the Department of Social Services as meeting the requirements for such 2177
agency as defined in regulations adopted pursuant to subsection (e) of 2178
section 17b-342, which services shall include, but need not be limited 2179
Bill No. 7163
LCO No. 4509 71 of 79
to, the development of a comprehensive individualized assessment 2180
and care plan and, as needed, the coordination of appropriate services 2181
and the monitoring of the delivery of such services; (4) provide 2182
inflation protection; (5) provide for the keeping of records and an 2183
explanation of benefit reports on insurance payments which count 2184
toward Medicaid resource exclusion; and (6) provide the management 2185
information and reports necessary to document the extent of Medicaid 2186
resource protection offered and to evaluate the Connecticut 2187
Partnership for Long-Term Care. No policy shall be precertified if it 2188
requires prior hospitalization or a prior stay in a nursing home as a 2189
condition of providing benefits. The commissioner may adopt 2190
regulations, in accordance with chapter 54, to carry out the 2191
precertification provisions of this section. 2192
Sec. 93. Subsection (a) of section 46a-28 of the general statutes is 2193
repealed and the following is substituted in lieu thereof (Effective 2194
October 1, 2019): 2195
(a) The Advisory Board for Persons Who are Deaf or Hard of 2196
Hearing shall consist of the following sixteen members appointed by 2197
the Governor: (1) The consultant appointed by the State Board of 2198
Education in accordance with section 10-316a, or the consultant's 2199
designee; (2) the president of the Connecticut Council of Organizations 2200
Serving the Deaf, or the president's designee; (3) the president of the 2201
Connecticut Association of the Deaf, or the president's designee; (4) the 2202
president of the Connecticut Registry of Interpreters for the Deaf, or 2203
the president's designee; (5) the Commissioner of [Rehabilitation] 2204
Aging and Disability Services, or the commissioner's designee; (6) the 2205
executive director of the American School for the Deaf, or the executive 2206
director's designee; (7) a parent of a student in a predominantly oral 2207
education program; (8) a parent of a student at the American School 2208
for the Deaf; (9) a person who is deaf; (10) a person who is hard of 2209
hearing; (11) a person who is deaf and blind; (12) an interpreting 2210
professional who serves deaf or hard of hearing persons; (13) a 2211
healthcare professional who works with persons who are deaf or hard 2212
Bill No. 7163
LCO No. 4509 72 of 79
of hearing; (14) the Governor's liaison to the disability community; (15) 2213
an educator who works with children who are deaf or hard of hearing; 2214
and (16) the director of the Connecticut Chapter of We the Deaf 2215
People. The Commissioner of [Rehabilitation] Aging and Disability 2216
Services, the Governor's liaison to the disability community and a 2217
member chosen by the majority of the board shall be the chairpersons 2218
of the advisory board. 2219
Sec. 94. Subsection (a) of section 46a-29 of the general statutes is 2220
repealed and the following is substituted in lieu thereof (Effective 2221
October 1, 2019): 2222
(a) The Commissioner of [Rehabilitation] Aging and Disability 2223
Services may request and shall receive from any department, division, 2224
board, bureau, commission or agency of the state or of any political 2225
subdivision thereof such assistance and data as will enable the 2226
Department of [Rehabilitation] Aging and Disability Services to 2227
properly carry out its activities under sections 17b-650e, as amended 2228
by this act, and 46a-30 to 46a-33b, inclusive, as amended by this act, 2229
and to effectuate the purposes therein set forth. 2230
Sec. 95. Section 46a-30 of the general statutes is repealed and the 2231
following is substituted in lieu thereof (Effective October 1, 2019): 2232
(a) The Commissioner of [Rehabilitation] Aging and Disability 2233
Services may receive moneys from any source, including gifts, grants, 2234
bequests and reimbursements which moneys may be expended for the 2235
purposes designated by the donor or to effectuate the provisions of 2236
sections 17b-650e, as amended by this act, and 46a-29 to 46a-33b, 2237
inclusive, as amended by this act. 2238
(b) The Commissioner of [Rehabilitation] Aging and Disability 2239
Services is empowered to expend its appropriation and receipts to 2240
initiate and support the provisions of said sections by contract or other 2241
arrangement and to contract for and engage consultants. 2242
Bill No. 7163
LCO No. 4509 73 of 79
Sec. 96. Subsections (b) to (e), inclusive, of section 46a-33a of the 2243
general statutes are repealed and the following is substituted in lieu 2244
thereof (Effective October 1, 2019): 2245
(b) All persons providing interpreting services shall register, 2246
annually, with the Department of [Rehabilitation] Aging and Disability 2247
Services. Such registration shall be on a form prescribed or furnished 2248
by the Commissioner of [Rehabilitation] Aging and Disability Services 2249
and shall include the registrant's name, address, phone number, place 2250
of employment as interpreter and interpreter certification or 2251
credentials. The department shall issue identification cards for those 2252
who register in accordance with this section. 2253
(c) No person shall provide interpreting services unless such person 2254
is registered with the Department of [Rehabilitation] Aging and 2255
Disability Services according to the provisions of this section and (1) 2256
has passed the National Registry of Interpreters for the Deaf written 2257
generalist test or the National Association of the Deaf-National 2258
Registry of Interpreters for the Deaf certification knowledge 2259
examination, holds a level three certification provided by the National 2260
Association of the Deaf, documents the achievement of two continuing 2261
education units per year for a maximum of five years of training 2262
approved by the Commissioner of [Rehabilitation] Aging and 2263
Disability Services, and on or before the fifth anniversary of having 2264
passed the National Registry of Interpreters for the Deaf written 2265
generalist test or the National Association of the Deaf-National 2266
Registry of Interpreters for the Deaf certification knowledge 2267
examination, has passed the National Registry of Interpreters for the 2268
Deaf performance examination or the National Association of the 2269
Deaf-National Registry of Interpreters for the Deaf national interpreter 2270
certification examination, (2) has passed the National Registry of 2271
Interpreters for the Deaf written generalist test or the National 2272
Association of the Deaf-National Registry of Interpreters for the Deaf 2273
certification knowledge examination and is a graduate of an accredited 2274
interpreter training program and documents the achievement of two 2275
Bill No. 7163
LCO No. 4509 74 of 79
continuing education units per year for a maximum of five years of 2276
training approved by the commissioner, and on or before the fifth 2277
anniversary of having passed the National Registry of Interpreters for 2278
the Deaf written generalist test or the National Association of the Deaf-2279
National Registry of Interpreters for the Deaf certification knowledge 2280
examination, has passed the National Registry of Interpreters for the 2281
Deaf performance examination or the National Association of the 2282
Deaf-National Registry of Interpreters for the Deaf national interpreter 2283
certification examination, (3) holds a level four or higher certification 2284
from the National Association of the Deaf, (4) holds certification by the 2285
National Registry of Interpreters for the Deaf, (5) for situations 2286
requiring an oral interpreter only, holds oral certification from the 2287
National Registry of Interpreters for the Deaf, (6) for situations 2288
requiring a cued speech transliterator only, holds certification from the 2289
National Training, Evaluation and Certification Unit and has passed 2290
the National Registry of Interpreters for the Deaf written generalist 2291
test, (7) holds a reverse skills certificate or is a certified deaf interpreter 2292
under the National Registry of Interpreters for the Deaf, or (8) holds a 2293
National Association of the Deaf-National Registry of Interpreters for 2294
the Deaf national interpreting certificate. 2295
(d) No person shall provide interpreting services in a medical 2296
setting unless such person is registered with the Department of 2297
[Rehabilitation] Aging and Disability Services according to the 2298
provisions of this section and (1) holds a comprehensive skills 2299
certificate from the National Registry of Interpreters for the Deaf, (2) 2300
holds a certificate of interpretation or a certificate of transliteration 2301
from the National Registry of Interpreters for the Deaf, (3) holds a level 2302
four or higher certification from the National Association of the Deaf, 2303
(4) holds a reverse skills certificate or is a certified deaf interpreter 2304
under the National Registry of Interpreters for the Deaf, (5) for 2305
situations requiring an oral interpreter only, holds oral certification 2306
from the National Registry of Interpreters for the Deaf, (6) for 2307
situations requiring a cued speech transliterator only, holds 2308
Bill No. 7163
LCO No. 4509 75 of 79
certification from the National Training, Evaluation and Certification 2309
Unit and has passed the National Registry of Interpreters for the Deaf 2310
written generalist test, or (7) holds a National Association of the Deaf-2311
National Registry of Interpreters for the Deaf national interpreting 2312
certificate. 2313
(e) No person shall provide interpreting services in a legal setting 2314
unless such person is registered with the Department of 2315
[Rehabilitation] Aging and Disability Services according to the 2316
provisions of this section and (1) holds a comprehensive skills 2317
certificate from the National Registry of Interpreters for the Deaf, (2) 2318
holds a certificate of interpretation and a certificate of transliteration 2319
from the National Registry of Interpreters for the Deaf, (3) holds a level 2320
five certification from the National Association of the Deaf, (4) holds a 2321
reverse skills certificate or is a certified deaf interpreter under the 2322
National Registry of Interpreters for the Deaf, (5) for situations 2323
requiring an oral interpreter only, holds oral certification from the 2324
National Registry of Interpreters for the Deaf, (6) for situations 2325
requiring a cued speech transliterator only, holds certification from the 2326
National Training, Evaluation and Certification Unit and has passed 2327
the National Registry of Interpreters for the Deaf written generalist 2328
test, or (7) holds a National Association of the Deaf-National Registry 2329
of Interpreters for the Deaf national interpreting certificate. 2330
Sec. 97. Section 46a-33b of the general statutes is repealed and the 2331
following is substituted in lieu thereof (Effective October 1, 2019): 2332
Upon the request of any person or any public or private entity, the 2333
Department of [Rehabilitation] Aging and Disability Services may 2334
provide interpreting services to assist such person or entity to the 2335
extent such persons who provide interpreting services are available. 2336
Any person or entity receiving interpreting services through the 2337
department shall reimburse the department for such services at a rate 2338
set by the Commissioner of [Rehabilitation] Aging and Disability 2339
Services. The commissioner may adopt regulations in accordance with 2340
Bill No. 7163
LCO No. 4509 76 of 79
the provisions of chapter 54 to establish the manner of rate setting. 2341
Sec. 98. Section 46a-33c of the general statutes is repealed and the 2342
following is substituted in lieu thereof (Effective October 1, 2019): 2343
For purposes of this section, "state agency" has the same meaning as 2344
provided in section 9-612 and "interpreting" has the same meaning as 2345
provided in section 46a-33a, as amended by this act. Any state agency 2346
that is unable to fulfill a request for interpreting services with its own 2347
interpreting staff shall first request such services from the Department 2348
of [Rehabilitation] Aging and Disability Services and may seek such 2349
services elsewhere if (1) the department is unable to fulfill the request 2350
in two business days, or (2) the agency shows good cause that it needs 2351
such services immediately. The provisions of this section shall not (A) 2352
apply to the Department of [Rehabilitation] Aging and Disability 2353
Services if the department needs interpreting services related to an 2354
internal matter and the use of department interpreters may raise 2355
confidentiality concerns, or (B) affect any preexisting contract for 2356
interpreting services. Interpreting services provided by a state agency 2357
shall be in accordance with the provisions of section 46a-33a, as 2358
amended by this act. 2359
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 3-123aa(c)
Sec. 2 October 1, 2019 4-5
Sec. 3 October 1, 2019 4-5
Sec. 4 July 1, 2020 4-5
Sec. 5 October 1, 2019 4-38c
Sec. 6 October 1, 2019 4-38c
Sec. 7 October 1, 2019 4-61aa(a)
Sec. 8 October 1, 2019 4-89(g)
Sec. 9 October 1, 2019 4-274(7)
Sec. 10 October 1, 2019 4a-82(a)(1)
Sec. 11 October 1, 2019 4a-82(h) to (k)
Sec. 12 October 1, 2019 5-175a(a)
Bill No. 7163
LCO No. 4509 77 of 79
Sec. 13 October 1, 2019 5-198(22)
Sec. 14 October 1, 2019 5-259(e)
Sec. 15 October 1, 2019 7-127b
Sec. 16 October 1, 2019 8-119f
Sec. 17 October 1, 2019 9-20(c)
Sec. 18 October 1, 2019 10-76i(a)
Sec. 19 October 1, 2019 10-76y(a)
Sec. 20 October 1, 2019 10-293(b)(1)
Sec. 21 October 1, 2019 10-295
Sec. 22 October 1, 2019 10-296
Sec. 23 October 1, 2019 10-297
Sec. 24 October 1, 2019 10-297a
Sec. 25 October 1, 2019 10-298
Sec. 26 October 1, 2019 10-303
Sec. 27 October 1, 2019 10-305
Sec. 28 October 1, 2019 10-306
Sec. 29 October 1, 2019 10-307
Sec. 30 October 1, 2019 10-308
Sec. 31 October 1, 2019 10-308a
Sec. 32 October 1, 2019 10-309
Sec. 33 October 1, 2019 10-311a
Sec. 34 October 1, 2019 12-217oo(a)(4)
Sec. 35 October 1, 2019 12-217pp(a)(7)
Sec. 36 October 1, 2019 12-217pp(e)(1)
Sec. 37 October 1, 2019 14-11b
Sec. 38 October 1, 2019 14-253a(b)
Sec. 39 October 1, 2019 17a-215d(a)
Sec. 40 October 1, 2019 17a-248(9)
Sec. 41 October 1, 2019 17a-302(a)
Sec. 42 October 1, 2019 17a-302a
Sec. 43 October 1, 2019 17a-303a
Sec. 44 October 1, 2019 17a-304
Sec. 45 October 1, 2019 17a-305
Sec. 46 October 1, 2019 17a-306
Sec. 47 October 1, 2019 17a-310
Sec. 48 October 1, 2019 17a-313
Sec. 49 October 1, 2019 17a-314
Sec. 50 October 1, 2019 17a-316a(a)
Sec. 51 October 1, 2019 17a-405(a) and (b)
Bill No. 7163
LCO No. 4509 78 of 79
Sec. 52 October 1, 2019 17a-407
Sec. 53 October 1, 2019 17a-411(c)
Sec. 54 October 1, 2019 17a-416
Sec. 55 October 1, 2019 17a-417
Sec. 56 October 1, 2019 17a-422(c)
Sec. 57 October 1, 2019 17a-667(b)
Sec. 58 October 1, 2019 17b-4(b)
Sec. 59 October 1, 2019 17b-28(c)(11)
Sec. 60 October 1, 2019 17b-251
Sec. 61 October 1, 2019 17b-337(c)
Sec. 62 October 1, 2019 17b-349e(b)
Sec. 63 October 1, 2019 17b-352(d)
Sec. 64 October 1, 2019 17b-607
Sec. 65 October 1, 2019 17b-612
Sec. 66 October 1, 2019 17b-614
Sec. 67 October 1, 2019 17b-615(b)
Sec. 68 October 1, 2019 17b-650a
Sec. 69 October 1, 2019 17b-650e
Sec. 70 October 1, 2019 17b-651a
Sec. 71 October 1, 2019 17b-653
Sec. 72 October 1, 2019 17b-654
Sec. 73 October 1, 2019 17b-655
Sec. 74 October 1, 2019 17b-657
Sec. 75 October 1, 2019 17b-658
Sec. 76 October 1, 2019 17b-659
Sec. 77 October 1, 2019 17b-660
Sec. 78 October 1, 2019 17b-661
Sec. 79 October 1, 2019 17b-666
Sec. 80 October 1, 2019 21a-3a
Sec. 81 October 1, 2019 23-15c
Sec. 82 October 1, 2019 26-29
Sec. 83 October 1, 2019 31-280(d)
Sec. 84 October 1, 2019 31-283a
Sec. 85 October 1, 2019 31-296(a)
Sec. 86 October 1, 2019 31-300
Sec. 87 October 1, 2019 31-345(b)(2)
Sec. 88 October 1, 2019 31-349b(a)
Sec. 89 October 1, 2019 38a-47(a)(4)
Sec. 90 October 1, 2019 38a-48(b)
Bill No. 7163
LCO No. 4509 79 of 79
Sec. 91 October 1, 2019 38a-48(g)
Sec. 92 October 1, 2019 38a-475
Sec. 93 October 1, 2019 46a-28(a)
Sec. 94 October 1, 2019 46a-29(a)
Sec. 95 October 1, 2019 46a-30
Sec. 96 October 1, 2019 46a-33a(b) to (e)
Sec. 97 October 1, 2019 46a-33b
Sec. 98 October 1, 2019 46a-33c
Statement of Purpose:
To implement the Governor's budget recommendations.
[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.]