Substitute House Bill No. 7163
Public Act No. 19-157
AN ACT CONCERNING TH E DEPARTMENT ON AGIN G AND
DISABILITY SERVICES AND MEALS ON WHEELS.
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
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(c) There is established an advisory committee to the Connecticut
Homecare Option Program for the Elderly, which shall consist of the
State Treasurer, the State Comptroller, the Commissioner of Social
Services, the Commissioner of [Rehabilitation] Aging and Disability
Services, the director of the long-term care partnership policy program
within the Office of Policy and Management, and the cochairpersons
and ranking members of the joint standing committees of the General
Assembly having cognizance of matters relating to aging, human
services and finance, revenue and bonding, or their designees. The
Governor shall appoint one provider of home care services for the
elderly and a physician specializing in geriatric care. The advisory
committee shall meet at least annually. The State Comptroller shall
convene the meetings of the committee.
Sec. 2. Section 4-5 of the general statutes, as amended by section 3 of Substitute House Bill No. 7163
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public act 18-91, is repealed and the following is substituted in lieu
thereof (Effective October 1, 2019):
As used in sections 4-6, 4-7 and 4-8, the term "department head"
means Secretary of the Office of Policy and Management,
Commissioner of Administrative Services, [Commissioner on Aging,]
Commissioner of Revenue Services, Banking Commissioner,
Commissioner of Children and Families, Commissioner of Consumer
Protection, Commissioner of Correction, Commissioner of Economic
and Community Development, State Board of Education,
Commissioner of Emergency Services and Public Protection,
Commissioner of Energy and En vironmental Protection,
Commissioner of Agriculture, Commissioner of Public Health,
Insurance Commissioner, Labor Commissioner, Commissioner of
Mental Health and Addiction Services, Commissioner of Social
Services, Commissioner of Developmental Services, Commissioner of
Motor Vehicles, Commissioner of Transportation, Commissioner of
Veterans Affairs, Commissioner of Housing, Commissioner of
[Rehabilitation] Aging and Disability Services, the Commissioner of
Early Childhood, the executive director of the Office of Military
Affairs, and the executive director of the Office of Health Strategy. As
used in sections 4-6 and 4-7, "department head" also means the
Commissioner of Education.
Sec. 3. Section 4-5 of the general statutes, as amended by section 6 of
public act 17-237, section 279 of public act 17-2 of the June special
session and section 20 of public act 18-182, is repealed and the
following is substituted in lieu thereof (Effective July 1, 2020):
As used in sections 4-6, 4-7 and 4-8, the term "department head"
means Secretary of the Office of Policy and Management,
Commissioner of Administrative Services, Commissioner of Revenue
Services, Banking Commissioner, Commissioner of Children and
Families, Commissioner of Consumer Protection, Commissioner of Substitute House Bill No. 7163
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Correction, Commissioner of Economic and Community Development,
State Board of Education, Commissioner of Emergency Services and
Public Protection, Commissioner of Energy and Environmental
Protection, Commissioner of Agriculture, Commissioner of Public
Health, Insurance Commissioner, Labor Commissioner, Commissioner
of Mental Health and Addiction Services, Commissioner of Social
Services, Commissioner of Developmental Services, Commissioner of
Motor Vehicles, Commissioner of Transportation, Commissioner of
Veterans Affairs, Commissioner of Housing, Commissioner of
[Rehabilitation] Aging and Disability Services, the Commissioner of
Early Childhood, the executive director of the Office of Military Affairs
and the executive director of the Technical Education and Career
System. As used in sections 4-6 and 4-7, "department head" also means
the Commissioner of Education.
Sec. 4. Section 4-38c of the general statutes, as amended by section
13 of public act 18-169, is repealed and the following is substituted in
lieu thereof (Effective October 1, 2019):
There shall be within the executive branch of state government the
following departments: Office of Policy and Management, Department
of Administrative Services, [Department on Aging,] Department of
Revenue Services, Department of Banking, Department of Agriculture,
Department of Children and Families, Department of Consumer
Protection, Department of Correction, Department of Economic and
Community Development, State Board of Education, Department of
Emergency Services and Public Protection, Department of Energy and
Environmental Protection, Department of Public Health, Board of
Regents for Higher Education, Insurance Department, Labor
Department, Department of Mental Health and Addiction Services,
Department of Developmental Services, Department of Social Services,
Department of [Rehabilitation] Aging and Disability Services,
Department of Transportation, Department of Motor Vehicles and Substitute House Bill No. 7163
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Department of Veterans Affairs.
Sec. 5. Section 4-38c of the general statutes, as amended by section 7
of public act 17-237, section 287 of public act 17-2 of the June special
session and section 21 of public act 18-182, is repealed and the
following is substituted in lieu thereof (Effective July 1, 2020):
There shall be within the executive branch of state government the
following departments: Office of Policy and Management, Department
of Administrative Services, Department of Aging and Disability
Services, Department of Revenue Services, Department of Banking,
Department of Agriculture, Department of Children and Families,
Department of Consumer Protection, Department of Correction,
Department of Economic and Community Development, State Board
of Education, Department of Emergency Services and Public
Protection, Department of Energy and Environmental Protection,
Department of Public Health, Board of Regents for Higher Education,
Insurance Department, Labor Department, Department of Mental
Health and Addiction Services, Department of Developmental
Services, Department of Social Services, Department of Transportation,
Department of Motor Vehicles, Department of Veterans Affairs and the
Technical Education and Career System.
Sec. 6. Subsection (a) of section 4-61aa of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) For purposes of this section, "state Americans with Disabilities
Act coordinator" means the person appointed by the Governor to
coordinate state compliance with the federal Americans with
Disabilities Act of 1990. There is established a committee to advise the
state Americans with Disabilities Act coordinator. The state Americans
with Disabilities Act coordinator shall appoint the members of the
committee, which shall be chaired by said coordinator, or his designee, Substitute House Bill No. 7163
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and include at least one representative of each of the following:
(1) The Board of Education and Services to the Blind;
(2) The Advisory Board for Persons Who are Deaf or Hard of
Hearing;
(3) The Department of [Rehabilitation] Aging and Disability
Services;
(4) The Department of Mental Health and Addiction Services;
(5) The Department of Developmental Services;
(6) The Labor Department;
(7) The Department of Administrative Services; and
(8) The Commission on Human Rights and Opportunities.
Sec. 7. Subsection (g) of section 4-89 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(g) The provisions of this section shall not apply to appropriations
to the Department of [Rehabilitation] Aging and Disability Services in
an amount not greater than the amount of reimbursements of prior
year expenditures for the services of interpreters received by the
department during the fiscal year pursuant to section 46a-33b, as
amended by this act, and such appropriations shall not lapse until the
end of the fiscal year succeeding the fiscal year of the appropriation.
Sec. 8. Subdivision (7) of section 4-274 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(7) "State-administered health or human services program" means Substitute House Bill No. 7163
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programs administered by any of the following: The Department of
Children and Families, the Department of Developmental Services, the
Department of Mental Health and Addiction Services, the Department
of Public Health, the Department of [Rehabilitation] Aging and
Disability Services, the Department of Social Services, the Office of
Early Childhood, and the Office of the State Comptroller, for the State
Employee and Retiree Health programs, as well as other health care
programs administered by the Office of the State Comptroller, and the
Department of Administrative Services, for Workers' Compensation
medical claims, including such programs reimbursed in whole or in
part by the federal government.
Sec. 9. Subdivision (1) of subsection (a) of section 4a-82 of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2019):
(1) "Person with a disability" means any individual with a disability,
excluding blindness, as such term is applied by the Department of
Mental Health and Addiction Services, the Department of
Developmental Services, the Department of [Rehabilitation] Aging and
Disability Services or the United States Department of Veterans Affairs
and who is certified by the Department of [Rehabilitation] Aging and
Disability Services as qualified to participate in a qualified partnership,
as described in subsections (e) to (l), inclusive, of this section;
Sec. 10. Subsections (h) to (k), inclusive, of section 4a-82 of the
general statutes are repealed and the following is substituted in lieu
thereof (Effective October 1, 2019):
(h) The Connecticut Community Providers Association shall
develop an application process and submit a list of employees who
have applied to participate in a partnership to the Department of
[Rehabilitation] Aging and Disability Services for certification. Such
association shall maintain a list of certified employees who are persons Substitute House Bill No. 7163
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with disabilities and community rehabilitation programs.
(i) Any qualified partnership awarded a janitorial or service contract
pursuant to the provisions of subsections (b) to (d), inclusive, of this
section shall provide to the Connecticut Community Providers
Association, not later than six months after the commencement date of
such contract and annually thereafter, a list of the persons with
disabilities and persons with a disadvantage employed by such
contractor that includes the date of hire and employment location for
each such person. Such association shall certify annually to the
Department of Administrative Services, the Judicial Branch or the
Board of Regents for Higher Education, as applicable, in such manner
and form as prescribed by the Commissioner of Administrative
Services, Chief Court Administrator or the president of the Board of
Regents for Higher Education, that the requisite number of persons
with disabilities for such contract continue to be employed by such
contractor in positions equivalent to those created under such contract
and have been integrated into the general workforce of such
contractor.
(j) Notwithstanding any other provision of the general statutes, the
responsibilities of the Department of [Rehabilitation] Aging and
Disability Services, as established in subsections (e) to (l), inclusive, of
this section, may not be delegated to an outside vendor.
(k) The Commissioner of [Rehabilitation] Aging and Disability
Services may adopt regulations, in accordance with the provisions of
chapter 54, to undertake the certification requirements established
pursuant to subsections (e) to (l), inclusive, of this section.
Sec. 11. Subsection (a) of section 5-175a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019): Substitute House Bill No. 7163
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(a) Vending stand operators, operating stands under permits held
by the Department of [Rehabilitation] Aging and Disability Services
pursuant to section 10-303, as amended by this act, shall be members of
the state employees retirement system, part A, exclusive of the Social
Security option and benefits in the state employees' retirement system
dependent thereon. Each such person shall annually, on or before June
thirtieth, pay five per cent of his adjusted gross income, arising out of
the operation of such stand, as determined under the Internal Revenue
Code, during the calendar year preceding to the Department of
[Rehabilitation] Aging and Disability Services which shall, as the state
administering agency for such persons, certify such payment and pay
it over to the State Retirement Commission, provided membership of
such persons in said system shall be exclusive of disability retirement
upon the grounds of defects of vision.
Sec. 12. Subdivision (22) of section 5-198 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(22) Professional employees in the education professions bargaining
unit of the Department of [Rehabilitation] Aging and Disability
Services;
Sec. 13. Subsection (e) of section 5-259 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(e) Notwithstanding the provisions of subsection (a) of this section,
vending stand operators eligible for membership in the state
employees retirement system pursuant to section 5-175a, as amended
by this act, shall be eligible for coverage under the group
hospitalization and medical and surgical insurance plans procured
under this section, provided the cost for such operators' insurance
coverage shall be paid by the Department of [Rehabilitation] Aging Substitute House Bill No. 7163
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and Disability Services from vending machine income pursuant to
section 10-303, as amended by this act.
Sec. 14. Section 7-127b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) The chief elected official or the chief executive officer if by
ordinance of each municipality shall appoint a municipal agent for
elderly persons. Such agent shall be a member of an agency that serves
elderly persons in the municipality or a responsible resident of the
municipality who has demonstrated an interest in the elderly or has
been involved in programs in the field of aging.
(b) The duties of the municipal agent may include, but shall not be
limited to, (1) disseminating information to elderly persons, assisting
such persons in learning about the community resources available to
them and publicizing such resources and benefits; (2) assisting elderly
persons to apply for federal and other benefits available to such
persons; and (3) reporting to the chief elected official or chief executive
officer of the municipality and the Department of [Rehabilitation]
Aging and Disability Services any needs and problems of the elderly
and any recommendations for action to improve services to the
elderly.
(c) Each municipal agent shall serve for a term of two or four years,
at the discretion of the appointing authority of each municipality, and
may be reappointed. If more than one agent is necessary to carry out
the purposes of this section, the appointing authority, in its discretion,
may appoint one or more assistant agents. The town clerk in each
municipality shall notify the Department of [Rehabilitation] Aging and
Disability Services immediately of the appointment of a new municipal
agent. Each municipality may provide to its municipal agent resources
sufficient for such agent to perform the duties of the office. Substitute House Bill No. 7163
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(d) The Department of [Rehabilitation] Aging and Disability
Services shall adopt and disseminate to municipalities guidelines as to
the role and duties of municipal agents and such informational and
technical materials as may assist such agents in performance of their
duties. The department, in cooperation with the area agencies on
aging, may provide training for municipal agents within the available
resources of the department and of the agencies on aging.
Sec. 15. Section 8-119f of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Commissioner of Housing shall design, implement, operate and
monitor a program of congregate housing. For the purpose of this
program, the Commissioner of Housing shall consult with the
Commissioner of [Rehabilitation] Aging and Disability Services for the
provision of services for persons with physical disabilities in order to
comply with the requirements of section 29-271.
Sec. 16. Subsection (c) of section 9-20 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(c) The application for admission as an elector shall include a
statement that (1) specifies each eligibility requirement, (2) contains an
attestation that the applicant meets each such requirement, and (3)
requires the signature of the applicant under penalty of perjury. Each
registrar of voters and town clerk shall maintain a copy of such
statement in braille, large print and audio form. The Department of
[Rehabilitation] Aging and Disability Services shall produce a
videotape presenting such statement in voice and sign language and
provide the videotape to the Secretary of the State who shall make
copies of the videotape and provide a copy to the registrars of voters of
any municipality, upon request and at a cost equal to the cost of
making the copy. If a person applies for admission as an elector in Substitute House Bill No. 7163
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person to an admitting official, such admitting official shall, upon the
request of the applicant, administer the elector's oath.
Sec. 17. Subsection (a) of section 10-76i of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) There shall be an Advisory Council for Special Education which
shall advise the General Assembly, State Board of Education and the
Commissioner of Education, and which shall engage in such other
activities as described in this section. On and after July 1, 2012, the
advisory council shall consist of the following members: (1) Nine
appointed by the Commissioner of Education, (A) six of whom shall be
(i) the parents of children with disabilities, provided such children are
under the age of twenty-seven, or (ii) individuals with disabilities, (B)
one of whom shall be an official of the Department of Education, (C)
one of whom shall be a state or local official responsible for carrying
out activities under Subtitle B of Title VII of the McKinney-Vento
Homeless Assistance Act, 42 USC 11431 et seq., as amended from time
to time, and (D) one of whom shall be a representative of an institution
of higher education in the state that prepares teacher and related
services personnel; (2) one appointed by the Commissioner of
Developmental Services who shall be an official of the department; (3)
one appointed by the Commissioner of Children and Families who
shall be an official of the department; (4) one appointed by the
Commissioner of Correction who shall be an official of the department;
(5) one appointed by the director of the Parent Leadership Training
Institute within the Commission on Women, Children and Seniors
who shall be (A) the parent of a child with a disability, provided such
child is under the age of twenty-seven, or (B) an individual with a
disability; (6) a representative from the parent training and
information center for Connecticut established pursuant to the
Individuals With Disabilities Education Act, 20 USC 1400 et seq., as Substitute House Bill No. 7163
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amended from time to time; (7) the Commissioner of [Rehabilitation]
Aging and Disability Services, or the commissioner's designee; (8) five
who are members of the General Assembly who shall serve as
nonvoting members of the advisory council, one appointed by the
speaker of the House of Representatives, one appointed by the
majority leader of the House of Representatives, one appointed by the
minority leader of the House of Representatives, one appointed by the
president pro tempore of the Senate and one appointed by the
minority leader of the Senate; (9) one appointed by the president pro
tempore of the Senate who shall be a member of the Connecticut
Speech-Language-Hearing Association; (10) one appointed by the
majority leader of the Senate who shall be a public school teacher; (11)
one appointed by the minority leader of the Senate who shall be a
representative of a vocational, community or business organization
concerned with the provision of transitional services to children with
disabilities; (12) one appointed by the speaker of the House of
Representatives who shall be a member of the Connecticut Council of
Special Education Administrators and who is a local education official;
(13) one appointed by the majority leader of the House of
Representatives who shall be a representative of charter schools; (14)
one appointed by the minority leader of the House of Representatives
who shall be a member of the Connecticut Association of Private
Special Education Facilities; (15) one appointed by the Chief Court
Administrator of the Judicial Department who shall be an official of
such department responsible for the provision of services to
adjudicated children and youth; (16) seven appointed by the Governor,
all of whom shall be (A) the parents of children with disabilities,
provided such children are under the age of twenty-seven, or (B)
individuals with disabilities; (17) the executive director of the
nonprofit entity designated by the Governor in accordance with
section 46a-10b to serve as the Connecticut protection and advocacy
system, or the executive director's designee; and (18) such other
members as required by the Individuals with Disabilities Education Substitute House Bill No. 7163
Public Act No. 19-157 13 of 81
Act, 20 USC 1400 et seq., as amended from time to time, appointed by
the Commissioner of Education. Appointments made pursuant to the
provisions of this section shall be representative of the ethnic and
racial diversity of, and the types of disabilities found in, the state
population. The terms of the members of the council serving on June 8,
2010, shall expire on June 30, 2010. Appointments shall be made to the
council by July 1, 2010. Members shall serve two-year terms, except
that members appointed pursuant to subdivisions (1) to (3), inclusive,
of this subsection whose terms commenced July 1, 2010, shall serve
three-year terms and the successors to such members appointed
pursuant to subdivisions (1) to (3), inclusive, of this subsection shall
serve two-year terms.
Sec. 18. Subsection (a) of section 10-76y of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) Notwithstanding any provision of the general statutes, school
districts, regional educational service centers, the Department of
[Rehabilitation] Aging and Disability Services, and all other state and
local governmental agencies concerned with education may loan, lease
or transfer an assistive device for the use and benefit of a student with
a disability to such student or the parent or guardian of such student
or to any other public or private nonprofit agency providing services
to or on behalf of individuals with disabilities including, but not
limited to, an agency providing educational, health or rehabilitative
services. Such device may be sold or transferred pursuant to this
section regardless of whether the device was declared surplus. The sale
or transfer shall be recorded in an agreement between the parties and
based upon the depreciated value of the device. For the purposes of
this section, "assistive device" means any item, piece of equipment or
product system, whether acquired commercially off-the-shelf,
modified or customized, that is used to increase, maintain or improve Substitute House Bill No. 7163
Public Act No. 19-157 14 of 81
the functional capabilities of individuals with disabilities.
Sec. 19. Subdivision (1) of subsection (b) of section 10-293 of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2019):
(b) (1) The Advisory Board for Persons Who are Blind or Visually
Impaired shall consist of members appointed as follows: Six appointed
by the Governor, one appointed by the president pro tempore of the
Senate, one appointed by the speaker of the House of Representatives,
one appointed by the majority leader of the Senate, one appointed by
the minority leader of the Senate, one appointed by the majority leader
of the House of Representatives and one appointed by the minority
leader of the House of Representatives and all shall be residents of the
state. The Commissioner of Social Services shall be an ex-officio
member. One of the members appointed by the Governor shall be the
parent of a child who receives services provided by the Department of
[Rehabilitation] Aging and Disability Services, and not less than two of
the members appointed by the Governor shall be persons who are
blind.
Sec. 20. Section 10-295 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) All residents of this state, regardless of age, who, because of
blindness or impaired vision, require specialized vision-related
educational programs, goods and services, on the signed
recommendation of the Commissioner of [Rehabilitation] Aging and
Disability Services, shall be entitled to receive such instruction,
programs, goods and services for such length of time as is deemed
expedient by said commissioner. Upon the petition of any parent or
guardian of a child who is blind or visually impaired, a local board of
education may provide such instruction within the town or it may
provide for such instruction by agreement with other towns as Substitute House Bill No. 7163
Public Act No. 19-157 15 of 81
provided in subsection (d) of section 10-76d. All educational privileges
prescribed in part V of chapter 164, not inconsistent with the
provisions of this chapter, shall apply to the pupils covered by this
subsection.
(b) The Commissioner of [Rehabilitation] Aging and Disability
Services shall expend funds for the services made available pursuant
to subsection (a) of this section from the educational aid for children
who are blind or visually impaired account in accordance with the
provisions of this subsection. The Commissioner of [Rehabilitation]
Aging and Disability Services may adopt, in accordance with the
provisions of chapter 54, such regulations as the commissioner deems
necessary to carry out the purpose and intent of this subsection.
(1) The Commissioner of [Rehabilitation] Aging and Disability
Services shall provide, upon written request from any interested
school district, the services of teachers who instruct students who are
visually impaired, based on the levels established in the individualized
education or service plan. The Commissioner of [Rehabilitation] Aging
and Disability Services shall also make available resources, including,
but not limited to, the braille and large print library, to all teachers of
public and nonpublic school children. The commissioner may also
provide vision-related professional development and training to all
school districts and cover the actual cost for paraprofessionals from
school districts to participate in agency-sponsored braille training
programs. The commissioner shall utilize education consultant
positions, funded by moneys appropriated from the General Fund, to
supplement new staffing that will be made available through the
educational aid for children who are blind or visually impaired
account, which shall be governed by formal written policies
established by the commissioner.
(2) The Commissioner of [Rehabilitation] Aging and Disability
Services may use funds appropriated to said account to provide Substitute House Bill No. 7163
Public Act No. 19-157 16 of 81
specialized books, materials, equipment, supplies, adaptive technology
services and devices, specialist examinations and aids, preschool
programs and vision-related independent living services, excluding
primary educational placement, for eligible children.
(3) The Commissioner of [Rehabilitation] Aging and Disability
Services may, within available appropriations, employ certified
teachers who instruct students who are visually impaired in sufficient
numbers to meet the requests for services received from school
districts. In responding to such requests, the commissioner shall utilize
a formula for determining the number of teachers needed to serve the
school districts, crediting six points for each child learning braille and
one point for each other child, with one full-time certified teacher who
instructs students who are visually impaired assigned for every
twenty-five points credited. The commissioner shall exercise due
diligence to employ the needed number of certified teachers who
instruct students who are visually impaired, but shall not be liable for
lack of resources. Funds appropriated to said account may also be
utilized to employ additional staff in numbers sufficient to provide
compensatory skills, evaluations and training to children who are
blind or visually impaired, special assistants and other support staff
necessary to ensure the efficient operation of service delivery. Not later
than October first of each year, the Commissioner of [Rehabilitation]
Aging and Disability Services shall determine the number of teachers
needed based on the formula provided in this subdivision. Based on
such determination, the Commissioner of [Rehabilitation] Aging and
Disability Services shall estimate the funding needed to pay such
teachers' salaries and related expenses.
(4) In any fiscal year, when funds appropriated to cover the
combined costs associated with providing the services set forth in
subdivisions (2) and (3) of this subsection are projected to be
insufficient, the Commissioner of [Rehabilitation] Aging and Disability Substitute House Bill No. 7163
Public Act No. 19-157 17 of 81
Services may collect revenue from all school districts that have
requested such services on a per student pro rata basis, in the sums
necessary to cover the projected portion of these services for which
there are insufficient appropriations.
(c) The Commissioner of [Rehabilitation] Aging and Disability
Services may provide for the instruction of adults who are blind in
their homes, expending annually for this purpose such sums as the
General Assembly may appropriate.
(d) The Commissioner of [Rehabilitation] Aging and Disability
Services may expend up to ten thousand dollars per fiscal year per
person twenty-one years of age or older who is both blind or visually
impaired and deaf, in addition to any other expenditures for such
person, for the purpose of providing community inclusion services
through specialized public and private entities from which such
person can benefit. The commissioner may determine the criteria by
which a person is eligible to receive specialized services and may
adopt regulations necessary to carry out the provisions of this
subsection. For purposes of this subsection, "community inclusion
services" means the assistance provided to persons with disabilities to
enable them to connect with their peers without disabilities and with
the community at large.
(e) The Commissioner of [Rehabilitation] Aging and Disability
Services may, within available appropriations, purchase adaptive
equipment for persons receiving services pursuant to this chapter.
Sec. 21. Section 10-296 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Commissioner of [Rehabilitation] Aging and Disability Services
may, within available appropriations, contract with public or private
entities, individuals or private enterprises for the instruction of Substitute House Bill No. 7163
Public Act No. 19-157 18 of 81
persons who are blind.
Sec. 22. Section 10-297 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Commissioner of [Rehabilitation] Aging and Disability Services
is authorized to aid in securing employment for persons who are
legally blind. Said commissioner may aid persons who are legally
blind in such way as said commissioner deems expedient, expending
for such purpose such sum as the General Assembly appropriates.
Sec. 23. Section 10-297a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Commissioner of [Rehabilitation] Aging and Disability Services
may make grants, within available appropriations, to the Connecticut
Radio Information Service, Inc., for the purchase of receivers and for
costs related to the operation of said service.
Sec. 24. Section 10-298 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) The Commissioner of [Rehabilitation] Aging and Disability
Services shall prepare and maintain a register of persons who are blind
in this state which shall describe their condition, cause of blindness
and capacity for education and rehabilitative training. The
commissioner may register cases of persons who are liable to become
visually impaired or blind, and may take such measures in cooperation
with other authorities as the commissioner deems advisable for the
prevention of blindness or conservation of eyesight and, in appropriate
cases, for the education of children and for the vocational guidance of
adults whose eyesight approaches visual impairment or blindness. The
commissioner shall establish criteria for low vision care and maintain a
list of ophthalmologists and optometrists that are exclusively
authorized to receive agency funds through established and existing Substitute House Bill No. 7163
Public Act No. 19-157 19 of 81
state fee schedules for the delivery of specifically defined low vision
services that increase the capacity of eligible recipients of such services
to maximize the use of their remaining vision.
(b) The Commissioner of [Rehabilitation] Aging and Disability
Services may accept and receive any bequest or gift of money or
personal property and, subject to the consent of the Governor and
Attorney General as provided in section 4b-22, any devise or gift of
real property made to the Commissioner of [Rehabilitation] Aging and
Disability Services, and may hold and use such money or property for
the purposes, if any, specified in connection with such bequest, devise
or gift.
(c) The Commissioner of [Rehabilitation] Aging and Disability
Services shall provide the Department of Motor Vehicles with the
names of all individuals sixteen years of age or older who, on or after
October 1, 2005, have been determined to be blind by a physician, an
advanced practice registered nurse or an optometrist, as provided in
section 10-305, as amended by this act. The Commissioner of
[Rehabilitation] Aging and Disability Services shall provide
simultaneous written notification to any individual whose name is
being transmitted by the Commissioner of [Rehabilitation] Aging and
Disability Services to the Department of Motor Vehicles. The
Commissioner of [Rehabilitation] Aging and Disability Services shall
update the list of names provided to the Department of Motor Vehicles
on a quarterly basis. The list shall also contain the address and date of
birth for each individual reported, as shown on the records of the
Department of [Rehabilitation] Aging and Disability Services. The
Department of Motor Vehicles shall maintain such list on a
confidential basis, in accordance with the provisions of section 14-46d.
The Commissioner of [Rehabilitation] Aging and Disability Services
shall enter into a memorandum of understan ding with the
Commissioner of Motor Vehicles to effectuate the purposes of this Substitute House Bill No. 7163
Public Act No. 19-157 20 of 81
subsection.
Sec. 25. Section 10-303 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) The authority in charge of any building or property owned,
operated or leased by the state or any municipality therein shall grant
to the Department of [Rehabilitation] Aging and Disability Services a
permit to operate in such building or on such property a food service
facility, a vending machine or a stand for the vending of newspapers,
periodicals, confections, tobacco products, food and such other articles
as such authority approves when, in the opinion of such authority,
such facility, machine or stand is desirable in such location. Any
person operating such a stand in any such location on October 1, 1945,
shall be permitted to continue such operation, but upon such person's
ceasing such operation such authority shall grant a permit for
continued operation to the Department of [Rehabilitation] Aging and
Disability Services. The department may establish a training facility at
any such location.
(b) Pursuant to the Randolph-Sheppard Vending Stand Act, 49 Stat.
1559 (1936), 20 USC 107, as amended from t ime to time, the
Department of [Rehabilitation] Aging and Disability Services is
authorized to maintain a nonlapsing account and to accrue interest
thereon for federal vending machine income which, in accordance with
federal regulations, shall be used for the payment of fringe benefits to
the vending facility operators by the Department of [Rehabilitation]
Aging and Disability Services.
(c) The Department of [Rehabilitation] Aging and Disability Services
may maintain a nonlapsing account and accrue interest thereon for
state and local vending machine income which shall be used for the
payment of fringe benefits, training and support to vending facilities
operators, to provide entrepreneurial and independent-living training Substitute House Bill No. 7163
Public Act No. 19-157 21 of 81
and equipment to children who are blind or visually impaired and
adults who are blind and for other vocational rehabilitation programs
and services for adults who are blind.
(d) The Department of [Rehabilitation] Aging and Disability
Services may disburse state and local vending machine income to
student or client activity funds, as defined in section 4-52.
Sec. 26. Section 10-305 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
Each physician, advanced practice registered nurse and optometrist
shall report in writing to the Department of [Rehabilitation] Aging and
Disability Services not later than thirty days after a person who is blind
comes under his or her private or institutional care within this state.
The report of such person shall include the name, address, Social
Security number, date of birth, date of diagnosis of blindness and
degree of vision. Such reports shall not be open to public inspection.
Sec. 27. Section 10-306 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Department of [Rehabilitation] Aging and Disability Services
may maintain a vocational rehabilitation program as authorized under
the Federal Rehabilitation Act of 1973, 29 USC 791 et seq., for the
purpose of providing and coordinating the full scope of necessary
services to assist persons who are legally blind and who receive
services from the department to prepare for, enter into and maintain
employment consistent with the purposes of said act.
Sec. 28. Section 10-307 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Department of [Rehabilitation] Aging and Disability Services is
empowered to receive any federal funds made available to this state Substitute House Bill No. 7163
Public Act No. 19-157 22 of 81
under which vocational rehabilitation is provided for a person whose
visual acuity has been impaired and to expend such funds for the
purpose or purposes for which they are made available. The State
Treasurer shall be the custodian of such funds.
Sec. 29. Section 10-308 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Department of [Rehabilitation] Aging and Disability Services
may cooperate, pursuant to agreements, with the federal government
in carrying out the purposes of any federal statutes pertaining to
vocational rehabilitation, and is authorized to adopt such methods of
administration as are found by the federal government to be necessary
for the proper and efficient operation of such agreements or plans for
vocational rehabilitation and to comply with such conditions as may
be necessary to secure the full benefits of such federal statutes.
Sec. 30. Section 10-308a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Department of [Rehabilitation] Aging and Disability Services
shall adopt regulations, in accordance with chapter 54, to determine
the order to be followed in selecting those eligible persons to whom
vocational rehabilitation services will be provided, in accordance with
federal regulations.
Sec. 31. Section 10-309 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Department of [Rehabilitation] Aging and Disability Services
may place in remunerative occupations persons whose capacity to earn
a living has been lost or impaired by lessened visual acuity and who,
in the opinion of the Commissioner of [Rehabilitation] Aging and
Disability Services, are susceptible of placement, and may make such
regulations as are necessary for the administration of the provisions of Substitute House Bill No. 7163
Public Act No. 19-157 23 of 81
this section and sections 10-306 to 10-308a, inclusive, as amended by
this act.
Sec. 32. Section 10-311a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The case records of the Department of [Rehabilitation] Aging and
Disability Services maintained for the purposes of this chapter shall be
confidential and the names and addresses of recipients of assistance
under this chapter shall not be published or used for purposes not
directly connected with the administration of this chapter, except as
necessary to carry out the provisions of sections 10-298, as amended by
this act, and 17b-6.
Sec. 33. Subdivision (4) of subsection (a) of section 12-217oo of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2019):
(4) "New qualifying employee" means a person who (A) is receiving
vocational rehabilitation services from the Department of
[Rehabilitation] Aging and Disability Services, and (B) is hired by the
employer to fill a new job after May 6, 2010, during the employer's
income years commencing on or after January 1, 2010, and prior to
January 1, 2012. A new qualifying employee does not include a person
receiving vocational rehabilitation services pursuant to subparagraph
(A) of this subdivision and who was employed in this state by a related
person with respect to the employer during the prior twelve months;
Sec. 34. Subdivision (7) of subsection (a) of section 12-217pp of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2019):
(7) "Qualifying employee" means a new employee who, at the time
of hiring by the taxpayer: Substitute House Bill No. 7163
Public Act No. 19-157 24 of 81
(A) (i) Is receiving unemployment compensation, or (ii) has
exhausted unemployment compensation benefits and has not had an
intervening full-time job; or
(B) Is (i) receiving vocational rehabilitation services from the
Department of [Rehabilitation] Aging and Disability Services, (ii)
receiving employment services from the Department of Mental Health
and Addiction Services, or (iii) participating in employment
opportunities and day services, as defined in section 17a-226, operated
or funded by the Department of Developmental Services;
Sec. 35. Subdivision (1) of subsection (e) of section 12-217pp of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2019):
(e) (1) To be eligible to claim the credit, a taxpayer shall apply to the
commissioner in accordance with the provisions of this section. The
application shall be on a form provided by the commissioner and shall
contain sufficient information as required by the commissioner,
including, but not limited to, the activities that the taxpayer primarily
engages in, the North American Industrial Classification System code
of the taxpayer, the current number of employees employed by the
taxpayer as of the application date, and if applicable, the name and
position or job title of the new, qualifying or veteran employee. The
commissioner shall consult with the Labor Commissioner, the
Commissioner of [Rehabilitation] Aging and Disability Services, the
Commissioner of Veterans Affairs, the Commissioner of Mental Health
and Addiction Services or the Commissioner of Developmental
Services, as applicable, for any verification the commissioner deems
necessary of unemployment compensation or vocational rehabilitation
services received by a qualifying employee, or of service in the armed
forces of the United States by a veteran employee. The commissioner
may impose a fee for such application as the commissioner deems
appropriate. Substitute House Bill No. 7163
Public Act No. 19-157 25 of 81
Sec. 36. Section 14-11b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) There shall be within the Department of [Rehabilitation] Aging
and Disability Services a unit for the purpose of evaluating and
training persons with disabilities in the operation of motor vehicles.
There shall be assigned to the driver training unit for persons with
disabilities such staff as is necessary for the orderly administration of
the driver training program for persons with disabilities. The
personnel assigned to the driver training unit for persons with
disabilities shall, while engaged in the evaluation or instruction of a
person with disabilities, have the authority and immunities with
respect to such activities as are granted under the general statutes to
motor vehicle inspectors. The Commissioner of Motor Vehicles may
permit a person whose license has been withdrawn as a result of a
condition that makes such person eligible for evaluation and training
under this section to operate a motor vehicle while accompanied by
personnel assigned to the driver training unit for persons with
disabilities. When a person with disabilities has successfully completed
the driver training program for persons with disabilities, the
Department of [Rehabilitation] Aging and Disability Services shall
certify such completion in writing to the Commissioner of Motor
Vehicles and shall recommend any license restrictions or limitations to
be placed on the license of such person. The Commissioner of Motor
Vehicles may accept such certification in lieu of the driving skills
portion of the examination prescribed under subsection (e) of section
14-36. If such person with disabilities has met all other requirements
for obtaining a license, the Commissioner of Motor Vehicles shall issue
a license with such restrictions recommended by the Department of
[Rehabilitation] Aging and Disability Services.
(b) Any resident of this state who has a serious physical or mental
disability which does not render the resident incapable of operating a Substitute House Bill No. 7163
Public Act No. 19-157 26 of 81
motor vehicle and who must utilize special equipment in order to
operate a motor vehicle and who cannot obtain instruction in the
operation of a motor vehicle through any alternate program, including,
but not limited to, other state, federal or privately operated drivers'
schools shall be eligible for instruction under the Department of
[Rehabilitation] Aging and Disability Services driver training program
for persons with disabilities.
Sec. 37. Subsection (b) of section 14-253a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(b) The Commissioner of Motor Vehicles shall accept applications
and renewal applications for removable windshield placards from (1)
any person who is blind, as defined in section 1-1f; (2) any person with
disabilities; (3) any parent or guardian of any person who is blind or
any person with disabilities, if such person is under eighteen years of
age at the time of application; (4) any parent or guardian of any person
who is blind or any person with disabilities, if such person is unable to
request or complete an application; and (5) any organization which
meets criteria established by the commissioner and which certifies to
the commissioner's satisfaction that the vehicle for which a placard is
requested is primarily used to transport persons who are blind or
persons with disabilities. Except as provided in subsection (c) of this
section, on and after October 1, 2011, the commissioner shall not accept
applications for special license plates, but shall accept renewal
applications for such plates that were issued prior to October 1, 2011.
No person shall be issued a placard in accordance with this section
unless such person is the holder of a valid motor vehicle operator's
license, or identification card issued in accordance with the provisions
of section 1-1h. The commissioner is authorized to adopt regulations
for the issuance of placards to persons who, by reason of hardship, do
not hold or cannot obtain an operator's license or identification card. Substitute House Bill No. 7163
Public Act No. 19-157 27 of 81
The commissioner shall maintain a record of each placard issued to
any such person. Such applications and renewal applications shall be
on a form prescribed by the commissioner. The application and
renewal application shall include: (A) Certification by a licensed
physician, a physician assistant, an advanced practice registered nurse
licensed in accordance with the provisions of chapter 378, or a member
of the driver training unit for persons with disabilities established
pursuant to section 14-11b, as amended by this act, that the applicant
meets the definition of a person with a disability which limits or
impairs the ability to walk, as defined in 23 CFR Section 1235.2; or (B)
certification by a psychiatrist who is employed by, or under contract
with, the United States Department of Veterans Affairs that the
applicant (i) is a veteran, as defined in subsection (a) of section 27-103,
who has post-traumatic stress disorder certified as service-connected
by the United States Department of Veterans Affairs, and (ii) meets the
definition of a person with a disability which limits or impairs the
ability to walk, as defined in 23 CFR Section 1235.2. In the case of
persons who are blind, the application or renewal application shall
include certification of legal blindness made by the Department of
[Rehabilitation] Aging and Disability Services, an ophthalmologist or
an optometrist. Any person who makes a certification required by this
subsection shall sign the application or renewal application under
penalty of false statement pursuant to section 53a-157b. The
commissioner, in said commissioner's discretion, may accept the
discharge papers of a disabled veteran, as defined in section 14-254, in
lieu of such certification. The Commissioner of Motor Vehicles may
require additional certification at the time of the original application or
at any time thereafter. If a person who has been requested to submit
additional certification fails to do so within thirty days of the request,
or if such additional certification is deemed by the Commissioner of
Motor Vehicles to be unfavorable to the applicant, the commissioner
may refuse to issue or, if already issued, suspend or revoke such
special license plate or placard. The commissioner shall not issue more Substitute House Bill No. 7163
Public Act No. 19-157 28 of 81
than one placard per applicant. The fee for the issuance of a temporary
removable windshield placard shall be five dollars. Any person whose
application has been denied or whose special license plate or placard
has been suspended or revoked shall be afforded an opportunity for a
hearing in accordance with the provisions of chapter 54.
Sec. 38. Subsection (a) of section 17a-215d of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) There is established the Autism Spectrum Disorder Advisory
Council. The council shall consist of the following members: (1) The
Commissioner of Social Services, or the commissioner's designee; (2)
the Commissioner of Children and Families, or the commissioner's
designee; (3) the Commissioner of Education, or the commissioner's
designee; (4) the Commissioner of Mental Health and Addiction
Services, or the commissioner's designee; (5) the Commissioner of
Public Health, or the commissioner's designee; (6) the Commissioner of
[Rehabilitation] Aging and Disability Services, or the commissioner's
designee; (7) the Commissioner of Developmental Services, or the
commissioner's designee; (8) the Commissioner of Early Childhood, or
the commissioner's designee; (9) the Secretary of the Office of Policy
and Management, or the secretary's designee; (10) two persons with
autism spectrum disorder, one each appointed by the Governor and
the speaker of the House of Representatives; (11) two persons who are
parents or guardians of a child with autism spectrum disorder, one
each appointed by the Governor and the minority leader of the Senate;
(12) two persons who are parents or guardians of an adult with autism
spectrum disorder, one each appointed by the president pro tempore
of the Senate and the majority leader of the House of Representatives;
(13) two persons who are advocates for persons with autism spectrum
disorder, one each appointed by the Governor and the speaker of the
House of Representatives; (14) two persons who are licensed Substitute House Bill No. 7163
Public Act No. 19-157 29 of 81
professionals working in the field of autism spectrum disorder, one
each appointed by the Governor and the majority leader of the Senate;
(15) two persons who provide services for persons with autism
spectrum disorder, one each appointed by the Governor and the
minority leader of the House of Representatives; (16) two persons who
shall be representatives of an institution of higher education in the
state with experience in the field of autism spectrum disorder, one
each appointed by the Governor and the president pro tempore of the
Senate; (17) the executive director of the nonprofit entity designated by
the Governor in accordance with section 46a-10b to serve as the
Connecticut protection and advocacy system, or the executive
director's designee; and (18) one person who is a physician who treats
or diagnoses persons with autism spectrum disorder, appointed by the
Governor.
Sec. 39. Subdivision (9) of section 17a-248 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(9) "Participating agencies" includes, but is not limited to, the
Departments of Education, Social Services, Public Health, Children
and Families and Developmental Services, the Office of Early
Childhood, the Insurance Department and the Department of
[Rehabilitation] Aging and Disability Services.
Sec. 40. Subsection (a) of section 17a-302 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) The Department of [Rehabilitation] Aging and Disability
Services shall be responsible for the administration of programs which
provide nutritionally sound diets to needy older persons and for the
expansion of such programs when possible. Such programs shall be
continued in such a manner as to fully utilize congregate feeding and Substitute House Bill No. 7163
Public Act No. 19-157 30 of 81
nutrition education of older citizens who qualify for such program.
Sec. 41. Section 17a-302a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Department of [Rehabilitation] Aging and Disability Services
shall hold quarterly meetings with nutrition service stakeholders to (1)
develop recommendations to address complexities in the
administrative processes of nutrition services programs, (2) establish
quality control benchmarks in such programs, and (3) help move
toward greater quality, efficiency and transparency in the elderly
nutrition program. Stakeholders shall include, but need not be limited
to, (A) one representative of each of the following: (i) Area agencies on
aging, (ii) access agencies, (iii) the Commission on Women, Children
and Seniors, and (iv) nutrition providers, and (B) one or more
representatives of (i) food security programs, (ii) contractors, (iii)
nutrition host sites, and (iv) consumers.
Sec. 42. Section 17a-303a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) The Department of [Rehabilitation] Aging and Disability
Services shall establish, within available appropriations, a fall
prevention program. Within such program, the department shall:
(1) Promote and support research to: (A) Improve the identification,
diagnosis, treatment and rehabilitation of older persons and others
who have a high risk of falling; (B) improve data collection and
analysis to identify risk factors for falls and factors that reduce the
likelihood of falls; (C) design, implement and evaluate the most
effective fall prevention interventions; (D) improve intervention
strategies that have been proven effective in reducing falls by tailoring
such strategies to specific populations of older persons; (E) maximize
the dissemination of proven, effective fall prevention interventions; (F) Substitute House Bill No. 7163
Public Act No. 19-157 31 of 81
assess the risk of falls occurring in various settings; (G) identify
barriers to the adoption of proven interventions with respect to the
prevention of falls among older persons; (H) develop, implement and
evaluate the most effective approaches to reducing falls among high-
risk older persons living in communities and long-term care and
assisted living facilities; and (I) evaluate the effectiveness of
community programs designed to prevent falls among older persons;
(2) Establish, in consultation with the Commissioner of Public
Health, a professional education program in fall prevention, evaluation
and management for physicians, allied health professionals and other
health care providers who provide services for older persons in this
state. The Commissioner of [Rehabilitation] Aging and Disability
Services may contract for the establishment of such program through
(A) a request for proposal process, (B) a competitive grant program, or
(C) cooperative agreements with qualified organizations, institutions
or consortia of qualified organizations and institutions;
(3) Oversee and support demonstration and research projects to be
carried out by organizations, institutions or consortia of organizations
and institutions deemed qualified by the Commissioner of
[Rehabilitation] Aging and Disability Services. Such demonstration
and research projects may be in the following areas:
(A) Targeted fall risk screening and referral programs;
(B) Programs designed for community-dwelling older persons that
use fall intervention approaches, including physical activity,
medication assessment and reduction of medication when possible,
vision enhancement and home-modification strategies;
(C) Programs that target new fall victims who are at a high risk for
second falls and that are designed to maximize independence and
quality of life for older persons, particularly those older persons with Substitute House Bill No. 7163
Public Act No. 19-157 32 of 81
functional limitations; and
(D) Private sector and public-private partnerships to develop
technologies to prevent falls among older persons and prevent or
reduce injuries when falls occur; and
(4) Award grants to, or enter into contracts or cooperative
agreements with, organizations, institutions or consortia of
organizations and institutions deemed qualified by the Commissioner
of [Rehabilitation] Aging and Disability Services to design, implement
and evaluate fall prevention programs using proven intervention
strategies in residential and institutional settings.
(b) In awarding any grants or entering into any contracts or
agreements pursuant to this section, after October 1, 2017, the
Commissioner of [Rehabilitation] Aging and Disability Services shall
determine appropriate data and program outcome measures,
including fall prevention program outcome measures, as applicable,
that the recipient organization, institution or consortia of organizations
and institutions shall collect and report to the commissioner and the
frequency of such reports.
Sec. 43. Section 17a-304 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The state shall be divided into five elderly planning and service
areas, in accordance with federal law and regulations, each having an
area agency on aging to carry out the mandates of the federal Older
Americans Act of 1965, as amended. The area agencies shall (1)
represent older persons within their geographic areas, (2) develop an
area plan for approval by the Department of [Rehabilitation] Aging
and Disability Services and upon such approval administer the plan,
(3) coordinate and assist local public and nonprofit, private agencies in
the development of programs, (4) receive and distribute federal and Substitute House Bill No. 7163
Public Act No. 19-157 33 of 81
state funds for such purposes, in accordance with applicable law, and
(5) carry out any additional duties and functions required by federal
law and regulations.
Sec. 44. Section 17a-305 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) The Department of [Rehabilitation] Aging and Disability
Services shall equitably allocate, in accordance with federal law,
federal funds received under Title IIIB and IIIC of the Older Americans
Act to the five area agencies on aging established pursuant to section
17a-304, as amended by this act. The department, before seeking
federal approval to spend any amount above that allotted for
administrative expenses under said act, shall inform the joint standing
committees of the General Assembly having cognizance of matters
relating to aging and human services that it is seeking such approval.
(b) Sixty per cent of the state funds appropriated to the five area
agencies on aging for elderly nutrition and social services shall be
allocated in the same proportion as allocations made pursuant to
subsection (a) of this section. Forty per cent of all state funds
appropriated to the five area agencies on aging for elderly nutrition
and social services used for purposes other than the required
nonfederal matching funds shall be allocated at the discretion of the
Commissioner of [Rehabilitation] Aging and Disability Services, in
consultation with the five area agencies on aging, based on their need
for such funds. Any state funds appropriated to the five area agencies
on aging for administrative expenses shall be allocated equally.
(c) The Department of [Rehabilitation] Aging and Disability
Services, in consultation with the five area agencies on aging, shall
review the method of allocation set forth in subsection (a) of this
section and shall report any findings or recommendations to the joint
standing committees of the General Assembly having cognizance of Substitute House Bill No. 7163
Public Act No. 19-157 34 of 81
matters relating to appropriations and the budgets of state agencies
and human services.
(d) An area agency may request a person participating in the elderly
nutrition program to pay a voluntary fee for meals furnished, except
that no eligible person shall be denied a meal due to an inability to pay
such fee.
Sec. 45. Section 17a-306 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Department of [Rehabilitation] Aging and Disability Services
shall adopt regulations, in accordance with the provisions of chapter
54, to carry out the purposes, programs and services authorized
pursuant to the Older Americans Act of 1965, as amended from time to
time. The department may operate under any new policy necessary to
conform to a requirement of a federal or joint state and federal
program while it is in the process of adopting the policy in regulation
form, provided the department posts such policy on the eRegulations
System not later than twenty days after adopting the policy. Such
policy shall be valid until the time final regulations are effective.
Sec. 46. Section 17a-310 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Department of [Rehabilitation] Aging and Disability Services
may make a grant to any city, town or borough or public or private
agency, organization or institution for the following purposes: (1) For
community planning and coordination of programs carrying out the
purposes of the Older Americans Act of 1965, as amended; (2) for
demonstration programs or activities particularly valuable in carrying
out such purposes; (3) for training of special personnel needed to carry
out such programs and activities; (4) for establishment of new or
expansion of existing programs to carry out such purposes, including Substitute House Bill No. 7163
Public Act No. 19-157 35 of 81
establishment of new or expansion of existing centers of service for
older persons, providing recreational, cultural and other leisure time
activities, and informational, transportation, referral and preretirement
and postretirement counseling services for older persons and assisting
such persons in providing volunteer community or civic services,
except that no costs of construction, other than for minor alterations
and repairs, shall be included in such establishment or expansion; and
(5) for programs to develop or demonstrate approaches, methods and
techniques for achieving or improving coordination of community
services for older or aging persons and such other programs and
services as may be allowed under Title III of the Older Americans Act
of 1965, as amended, or to evaluate these approaches, techniques and
methods, as well as others which may assist older or aging persons to
enjoy wholesome and meaningful living and to continue to contribute
to the strength and welfare of the state and nation.
Sec. 47. Section 17a-313 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Department of [Rehabilitation] Aging and Disability Services
may use moneys appropriated for the purposes of section 17a-310, as
amended by this act, for the expenses of administering the grant
program under said section, provided the total of such moneys so used
shall not exceed five per cent of the moneys so appropriated.
Sec. 48. Section 17a-314 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) As used in this section:
(1) "CHOICES" means Connecticut's programs for health insurance
assistance, outreach, information and referral, counseling and
eligibility screening; and
(2) "CHOICES health insurance assistance program" means the Substitute House Bill No. 7163
Public Act No. 19-157 36 of 81
federally recognized state health insurance assistance program funded
pursuant to P.L. 101-508 and administered by the Department of
[Rehabilitation] Aging and Disability Services, in conjunction with the
area agencies on aging and the Center for Medicare Advocacy, that
provides free information and assistance related to health insurance
issues and concerns of older persons and other Medicare beneficiaries
in Connecticut.
(b) The Department of [Rehabilitation] Aging and Disability
Services shall administer the CHOICES health insurance assistance
program, which shall be a comprehensive Medicare advocacy program
that provides assistance to Connecticut residents who are Medicare
beneficiaries.
(c) The program shall provide: (1) Toll-free telephone access for
consumers to obtain advice and information on Medicare benefits,
including prescription drug benefits available through the Medicare
Part D program, the Medicare appeals process, health insurance
matters applicable to Medicare beneficiaries and long-term care
options available in the state at least five days per week during normal
business hours; (2) information, advice and representation, where
appropriate, concerning the Medicare appeals process, by a qualified
attorney or paralegal at least five days per week during normal
business hours; (3) information through appropriate means and
format, including written materials, to Medicare beneficiaries, their
families, senior citizens and organizations regarding Medicare
benefits, including prescription drug benefits available through
Medicare Part D and other pharmaceutical drug company programs
and long-term care options available in the state; (4) information
concerning Medicare plans and services, private insurance policies and
federal and state-funded programs that are available to beneficiaries to
supplement Medicare coverage; (5) information permitting Medicare
beneficiaries to compare and evaluate their options for delivery of Substitute House Bill No. 7163
Public Act No. 19-157 37 of 81
Medicare and supplemental insurance services; (6) information
concerning the procedure to appeal a denial of care and the procedure
to request an expedited appeal of a denial of care; and (7) any other
information the program or the Commissioner of Rehabilitation
Services deems relevant to Medicare beneficiaries.
(d) The Commissioner of [Rehabilitation] Aging and Disability
Services may include any additional functions necessary to conform to
federal grant requirements.
(e) All hospitals, as defined in section 19a-490, which treat persons
covered by Medicare Part A shall: (1) Notify incoming patients covered
by Medicare of the availability of the services established pursuant to
subsection (c) of this section, (2) post or cause to be posted in a
conspicuous place therein the toll-free number established pursuant to
subsection (c) of this section, and (3) provide each Medicare patient
with the toll-free number and information on how to access the
CHOICES program.
(f) The Commissioner of [Rehabilitation] Aging and Disability
Services may adopt regulations, in accordance with chapter 54, as
necessary to implement the provisions of this section.
Sec. 49. Subsection (a) of section 17a-316a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) The Commissioner of [Rehabilitation] Aging and Disability
Services shall develop and administer a program to provide a single,
coordinated system of information and access for individuals seeking
long-term support, including in-home, community-based and
institutional services. The program shall be the state Aging and
Disability Resource Center Program in accordance with the federal
Older Americans Act Amendments of 2006, P.L. 109-365 and shall be Substitute House Bill No. 7163
Public Act No. 19-157 38 of 81
administered as part of the Department of [Rehabilitation] Aging and
Disability Services' CHOICES program in accordance with subdivision
(1) of subsection (a) of section 17a-314, as amended by this act.
Consumers served by the program shall include, but not be limited to,
those sixty years of age or older and those eighteen years of age or
older with disabilities and caregivers.
Sec. 50. Subsections (a) and (b) of section 17a-405 of the general
statutes are repealed and the following is substituted in lieu thereof
(Effective October 1, 2019):
(a) As used in this chapter:
(1) "State agency" means the Department of [Rehabilitation] Aging
and Disability Services.
(2) "Office" or "Office of the Long-Term Care Ombudsman" means
the organizational unit which is headed by the State Long-Term Care
Ombudsman established in this section.
(3) "State Ombudsman" means the individual who heads the office
established in this section.
(4) "Program" means the long-term care ombudsman program
established in this section.
(5) "Representative of the office" includes a regional ombudsman, a
residents' advocate or an employee of the Office of the Long-Term
Care Ombudsman who is individually designated by the State
Ombudsman.
(6) "Resident" means an individual who resides in a long-term care
facility.
(7) "Long-term care facility" means any skilled nursing facility, as
defined in Section 1819(a) of the Social Security Act, (42 USC 1395i- Substitute House Bill No. 7163
Public Act No. 19-157 39 of 81
3(a)) any nursing facility, as defined in Section 1919(a) of the Social
Security Act, (42 USC 1396r(a)) a board and care facility as defined in
Section 102(19) of the federal Older Americans Act, (42 USC 3002(19))
and for purposes of ombudsman program coverage, an institution
regulated by the state pursuant to Section 1616(e) of the Social Security
Act, (42 USC 1382e(e)) and any other adult care home similar to a
facility or nursing facility or board and care home.
(8) "Commissioner" means the Commissioner of [Rehabilitation]
Aging and Disability Services.
(9) "Applicant" means an individual who has applied for admission
to a long-term care facility.
(10) "Resident representative" means (A) an individual chosen by
the resident to act on behalf of the resident in order to support the
resident in decision making, accessing medical, social or other personal
information of the resident, managing financial matters, or receiving
notifications; (B) a person authorized by state or federal law to act on
behalf of the resident in order to support the resident in decision
making, accessing medical, social or other personal information of the
resident, managing financial matters, or receiving notifications; (C) a
legal representative, as used in Section 712 of the Older Americans Act;
or (D) the court-appointed guardian or conservator of a resident.
(b) There is established an independent Office of the Long-Term
Care Ombudsman within the Department of [Rehabilitation] Aging
and Disability Services. The Commissioner of [Rehabilitation] Aging
and Disability Services shall appoint a State Ombudsman who shall be
selected from among individuals with expertise and experience in the
fields of long-term care and advocacy to head the office and the State
Ombudsman shall appoint regional ombudsmen. In the event the State
Ombudsman or a regional ombudsman is unable to fulfill the duties of
the office, the commissioner shall appoint an acting State Ombudsman Substitute House Bill No. 7163
Public Act No. 19-157 40 of 81
and the State Ombudsman shall appoint an acting regional
ombudsman.
Sec. 51. Section 17a-407 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
No person may perform any functions as a residents' advocate until
the person has successfully completed a course of training required by
the State Ombudsman. Any residents' advocate who fails to complete
such a course within a reasonable time after appointment may be
removed by the State Ombudsman or the regional ombudsman for the
region in which such residents' advocate serves. The Commissioner of
[Rehabilitation] Aging and Disability Services, after consultation with
the State Ombudsman, shall adopt regulations, in accordance with the
provisions of chapter 54, to carry out the provisions of this section.
Such regulations shall include, but not be limited to, the course of
training required by this section.
Sec. 52. Subsection (c) of section 17a-411 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(c) The Commissioner of [Rehabilitation] Aging and Disability
Services shall have authority to seek funding for the purposes
contained in this section from public and private sources, including,
but not limited to, any federal or state funded programs.
Sec. 53. Section 17a-416 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Commissioner of [Rehabilitation] Aging and Disability Services,
after consultation with the State Ombudsman, shall adopt regulations
in accordance with the provisions of chapter 54, to carry out the
provisions of sections 17a-405 to 17a-417, inclusive, as amended by this
act, 19a-531 and 19a-532. Substitute House Bill No. 7163
Public Act No. 19-157 41 of 81
Sec. 54. Section 17a-417 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Commissioner of [Rehabilitation] Aging and Disability Services
shall require the State Ombudsman to:
(1) Prepare an annual report:
(A) Describing the activities carried out by the office in the year for
which the report is prepared;
(B) Containing and analyzing the data collected under section 17a-
418;
(C) Evaluating the problems experienced by and the complaints
made by or on behalf of residents;
(D) Containing recommendations for (i) improving the quality of
the care and life of the residents, and (ii) protecting the health, safety,
welfare and rights of the residents;
(E) (i) Analyzing the success of the program including success in
providing services to residents of long-term care facilities; and (ii)
identifying barriers that prevent the optimal operation of the program;
and
(F) Providing policy, regulatory and legislative recommendations to
solve identified problems, to resolve the complaints, to improve the
quality of the care and life of residents, to protect the health, safety,
welfare and rights of residents and to remove the barriers that prevent
the optimal operation of the program.
(2) Analyze, comment on and monitor the development and
implementation of federal, state and local laws, regulations and other
government policies and actions that pertain to long-term care facilities
and services, and to the health, safety, welfare and rights of residents Substitute House Bill No. 7163
Public Act No. 19-157 42 of 81
in the state, and recommend any changes in such laws, regulations and
policies as the office determines to be appropriate.
(3) (A) Provide such information as the office determines to be
necessary to public and private agencies, legislators and other persons,
regarding (i) the problems and concerns of older individuals residing
in long-term care facilities; and (ii) recommendations related to the
problems and concerns; and (B) make available to the public and
submit to the federal assistant secretary for aging, the Governor, the
General Assembly, the Department of Public Health and other
appropriate governmental entities, each report prepared under
subdivision (1) of this section.
Sec. 55. Subsection (c) of section 17a-422 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(c) Not later than June 30, 2005, the Long-Term Care Ombudsman
shall submit a report on the pilot program to the Commissioners of
[Rehabilitation] Aging and Disability Services and Public Health, to the
joint standing committees of the General Assembly having cognizance
of matters relating to human services, public health and
appropriations, and to the select committee of the General Assembly
having cognizance of matters relating to aging. The report shall be
submitted in accordance with section 11-4a.
Sec. 56. Subsection (b) of section 17a-667 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(b) The council shall consist of the following members: (1) The
Secretary of the Office of Policy and Management, or the secretary's
designee; (2) the Commissioners of Children and Families, Consumer
Protection, Correction, Education, Mental Health and Addiction Substitute House Bill No. 7163
Public Act No. 19-157 43 of 81
Services, Public Health, Emergency Services and Public Protection,
[Rehabilitation] Aging and Disability Services and Social Services, and
the Insurance Commissioner, or their designees; (3) the Chief Court
Administrator, or the Chief Court Administrator's designee; (4) the
chairperson of the Board of Regents for Higher Education, or the
chairperson's designee; (5) the president of The University of
Connecticut, or the president's designee; (6) the Chief State's Attorney,
or the Chief State's Attorney's designee; (7) the Chief Public Defender,
or the Chief Public Defender's designee; and (8) the cochairpersons
and ranking members of the joint standing committees of the General
Assembly having cognizance of matters relating to public health,
criminal justice and appropriations, or their designees. The
Commissioner of Mental Health and Addiction Services and the
Commissioner of Children and Families shall be cochairpersons of the
council and may jointly appoint up to seven individuals to the council
as follows: (A) Two individuals in recovery from a substance use
disorder or representing an advocacy group for individuals with a
substance use disorder; (B) a provider of community-based substance
abuse services for adults; (C) a provider of community-based
substance abuse services for adolescents; (D) an addiction medicine
physician; (E) a family member of an individual in recovery from a
substance use disorder; and (F) an emergency medicine physician
currently practicing in a Connecticut hospital. The cochairpersons of
the council may establish subcommittees and working groups and
may appoint individuals other than members of the council to serve as
members of the subcommittees or working groups. Such individuals
may include, but need not be limited to: (i) Licensed alcohol and drug
counselors; (ii) pharmacists; (iii) municipal police chiefs; (iv)
emergency medical services personnel; and (v) representatives of
organizations that provide education, prevention, intervention,
referrals, rehabilitation or support services to individuals with
substance use disorder or chemical dependency. Substitute House Bill No. 7163
Public Act No. 19-157 44 of 81
Sec. 57. Subsection (b) of section 17b-4 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(b) The Department of Social Services, in conjunction with the
Department of Public Health and the Department of [Rehabilitation]
Aging and Disability Services, may adopt regulations in accordance
with the provisions of chapter 54 to establish requirements with
respect to the submission of reports concerning financial solvency and
quality of care by nursing homes for the purpose of determining the
financial viability of such homes, identifying homes that appear to be
experiencing financial distress and examining the underlying reasons
for such distress. Such reports shall be submitted to the Nursing Home
Financial Advisory Committee established under section 17b-339.
Sec. 58. Subdivision (11) of subsection (c) of section 17b-28 of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2019):
(11) The Commissioners of Social Services, Children and Families,
Public Health, Developmental Services, [Rehabilitation] Aging and
Disability Services and Mental Health and Addiction Services, or their
designees, who shall be ex-officio nonvoting members;
Sec. 59. Section 17b-251 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Department of [Rehabilitation] Aging and Disability Services
shall establish an outreach program to educate consumers as to: (1)
The need for long-term care; (2) mechanisms for financing such care;
(3) the availability of long-term care insurance; and (4) the asset
protection provided under sections 17b-252 to 17b-254, inclusive, and
38a-475, as amended by this act. The Department of [Rehabilitation]
Aging and Disability Services shall provide public information to assist Substitute House Bill No. 7163
Public Act No. 19-157 45 of 81
individuals in choosing appropriate insurance coverage.
Sec. 60. Subsection (c) of section 17b-337 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(c) The Long-Term Care Planning Committee shall consist of: (1)
The chairpersons and ranking members of the joint st anding
committees of the General Assembly having cognizance of matters
relating to human services, public health, elderly services and long-
term care; (2) the Commissioner of Social Services, or the
commissioner's designee; (3) one member of the Office of Policy and
Management appointed by the Secretary of the Office of Policy and
Management; (4) one member from the Department of Public Health
appointed by the Commissioner of Public Health; (5) one member
from the Department of Housing appointed by the Commissioner of
Housing; (6) one member from the Department of Developmental
Services appointed by the Commissioner of Developmental Services;
(7) one member from the Department of Mental Health and Addiction
Services appointed by the Commissioner of Mental Health and
Addiction Services; (8) one member from the Department of
Transportation appointed by the Commissioner of Transportation; (9)
one member from the Department of Children and Families appointed
by the Commissioner of Children and Families; and (10) one member
from the Health Systems Planning Unit of the Office of Health Strategy
appointed by the executive director of the Office of Health Strategy;
and (11) one member from the Department of [Rehabilitation] Aging
and Disability Services appointed by the Commissioner of
[Rehabilitation] Aging and Disability Services. The committee shall
convene no later than ninety days after June 4, 1998. Any vacancy shall
be filled by the appointing authority. The chairperson shall be elected
from among the members of the committee. The committee shall seek
the advice and participation of any person, organization or state or Substitute House Bill No. 7163
Public Act No. 19-157 46 of 81
federal agency it deems necessary to carry out the provisions of this
section.
Sec. 61. Subsection (b) of section 17b-349e of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(b) The Commissioner of [Rehabilitation] Aging and Disability
Services shall operate a program, within available appropriations, to
provide respite care services for caretakers of individuals with
Alzheimer's disease, provided such individuals with Alzheimer's
disease meet the requirements set forth in subsection (c) of this section.
Such respite care services may include, but need not be limited to (1)
homemaker services; (2) adult day care; (3) temporary care in a
licensed medical facility; (4) home-health care; (5) companion services;
or (6) personal care assistant services. Such respite care services may be
administered directly by the Department of [Rehabilitation] Aging and
Disability Services, or through contracts for services with providers of
such services, or by means of direct subsidy to caretakers of
individuals with Alzheimer's disease to purchase such services.
Sec. 62. Subsection (d) of section 17b-352 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(d) Any facility acting pursuant to subdivision (3) of subsection (b)
of this section shall provide written notice, at the same time it submits
its letter of intent, to all patients, guardians or conservators, if any, or
legally liable relatives or other responsible parties, if known, and shall
post such notice in a conspicuous location at the facility. The facility's
written notice shall be accompanied by an informational letter issued
jointly from the Office of the Long-Term Care Ombudsman and the
Department of [Rehabilitation] Aging and Disability Services on
patients' rights and services available as they relate to the letter of Substitute House Bill No. 7163
Public Act No. 19-157 47 of 81
intent. The notice shall state the following: (1) The projected date the
facility will be submitting its certificate of need application, (2) that
only the Department of Social Services has the authority to either
grant, modify or deny the application, (3) that the Department of Social
Services has up to ninety days to grant, modify or deny the certificate
of need application, (4) a brief description of the reason or reasons for
submitting a request for permission, (5) that no patient shall be
involuntarily transferred or discharged within or from a facility
pursuant to state and federal law because of the filing of the certificate
of need application, (6) that all patients have a right to appeal any
proposed transfer or discharge, and (7) the name, mailing address and
telephone number of the Office of the Long-Term Care Ombudsman
and local legal aid office.
Sec. 63. Section 17b-607 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) The Commissioner of [Rehabilitation] Aging and Disability
Services is authorized to establish and administer a fund to be known
as the Assistive Technology Revolving Fund. Said fund shall be used
by said commissioner to make loans to persons with disabilities, senior
citizens or the family members of persons with disabilities or senior
citizens for the purchase of assistive technology and adaptive
equipment and services. Each such loan shall be made for a term of not
more than ten years. Any loans made under this section after July 1,
2013, shall bear interest at a fixed rate not to exceed six per cent. Said
commissioner is authorized to expend any funds necessary for the
reasonable direct expenses relating to the administration of said fund.
Said commissioner shall adopt regulations, in accordance with the
provisions of chapter 54, to implement the purposes of this section.
(b) The State Bond Commission shall have power from time to time
to authorize the issuance of bonds of the state in one or more series in
accordance with section 3-20 and in a principal amount necessary to Substitute House Bill No. 7163
Public Act No. 19-157 48 of 81
carry out the purposes of this section, but not in excess of an aggregate
amount of one million dollars. All of said bonds shall be payable at
such place or places as may be determined by the Treasurer pursuant
to section 3-19 and shall bear such date or dates, mature at such time or
times, not exceeding five years from their respective dates, bear
interest at such rate or different or varying rates and payable at such
time or times, be in such denominations, be in such form with or
without interest coupons attached, carry such registration and transfer
privileges, be payable in such medium of payment and be subject to
such terms of redemption with or without premium as, irrespective of
the provisions of said section 3-20, may be provided by the
authorization of the State Bond Commission or fixed in accordance
therewith. The proceeds of the sale of such bonds shall be deposited in
the Assistive Technology Revolving Fund created by this section. Such
bonds shall be general obligations of the state and the full faith and
credit of the state of Connecticut are pledged for the payment of the
principal of and interest on such bonds as the same become due.
Accordingly, and as part of the contract of the state with the holders of
such bonds, appropriation of all amounts necessary for punctual
payment of such principal and interest is hereby made and the
Treasurer shall pay such principal and interest as the same become
due. Net earnings on investments or reinvestments of proceeds,
accrued interest and premiums on the issuance of such bonds, after
payment therefrom of expenses incurred by the Treasurer or State
Bond Commission in connection with their issuance, shall be deposited
in the General Fund of the state.
(c) The Connecticut Tech Act Project, within the Department of
[Rehabilitation] Aging and Disability Services and as authorized by 29
USC 3001, may provide assistive technology evaluation and training
services upon the request of any person or any public or private entity,
to the extent persons who provide assistive technology services are
available. The project may charge a fee to any person or entity Substitute House Bill No. 7163
Public Act No. 19-157 49 of 81
receiving such assistive technology evaluation and training services to
reimburse the department for its costs. The Commissioner of
[Rehabilitation] Aging and Disability Services shall establish fees at
reasonable rates that will cover the department's direct and indirect
costs.
Sec. 64. Section 17b-612 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Department of [Rehabilitation] Aging and Disability Services
shall establish a program to assist public school students with
disabilities in preparing for and obtaining competitive employment
and to strengthen the linkage between vocational rehabilitation
services and public schools. Under the program, the Department of
[Rehabilitation] Aging and Disability Services shall provide, within the
limits of available appropriations, vocational evaluations and other
appropriate transitional services and shall provide vocational
rehabilitation counselors to school districts throughout the state. The
counselors shall, if requested, assist those persons planning in-school
skill development programs. The counselors shall, with planning and
placement team members, develop transition plans and individual
education and work rehabilitation plans for students with disabilities
who will no longer be eligible for continued public school services.
Students whose termination date for receipt of public school services is
most immediate shall be given priority.
Sec. 65. Section 17b-614 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) The Department of [Rehabilitation] Aging and Disability
Services shall establish and maintain a state-wide network of centers
for independent living.
(b) Not more than five per cent of the amount appropriated in any Substitute House Bill No. 7163
Public Act No. 19-157 50 of 81
fiscal year for the purposes of this section may be used by the
Department of [Rehabilitation] Aging and Disability Services to
provide state-wide administration, evaluation and technical assistance
relating to the implementation of this section.
Sec. 66. Subsection (b) of section 17b-615 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(b) The council shall meet regularly with the Commissioner of
[Rehabilitation] Aging and Disability Services and shall perform the
following duties: (1) Issue an annual report by January first, with
recommendations regarding independent living services and centers,
to the Governor and the chairpersons of the joint standing committee
of the General Assembly having cognizance of matters relating to
human services, and (2) consult with, advise and make
recommendations to the Department of [Rehabilitation] Aging and
Disability Services concerning independent living and related policy,
management and budgetary issues.
Sec. 67. Section 17b-650a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) There is created a Department of [Rehabilitation] Aging and
Disability Services. The Department of [Rehabilitation] Aging and
Disability Services shall be responsible for providing the following: (1)
Services to persons who are deaf or hard of hearing; (2) services for
persons who are blind or visually impaired; (3) rehabilitation services
in accordance with the provisions of the general statutes concerning
the Department of [Rehabilitation] Aging and Disability Services; and
(4) services for older persons and their families. The Department of
[Rehabilitation] Aging and Disability Services shall constitute a
successor authority to the [Bureau of Rehabilitative] Department of
Rehabilitation Services in accordance with the provisions of sections 4- Substitute House Bill No. 7163
Public Act No. 19-157 51 of 81
38d, 4-38e and 4-39.
(b) The department head shall be the Commissioner of
[Rehabilitation] Aging and Disability Services, who shall be appointed
by the Governor in accordance with the provisions of sections 4-5 to 4-
8, inclusive, as amended by this act, and shall have the powers and
duties described in said sections. The Commissioner of [Rehabilitation]
Aging and Disability Services shall appoint such persons as may be
necessary to administer the provisions of public act 11-44 and the
Commissioner of Administrative Services shall fix the compensation of
such persons in accordance with the provisions of section 4-40. The
Commissioner of [Rehabilitation] Aging and Disability Services may
create such sections within the Department of [Rehabilitation] Aging
and Disability Services as will facilitate such administration, including
a disability determinations section for which one hundred per cent
federal funds may be accepted for the operation of such section in
conformity with applicable state and federal regulations. The
Commissioner of [Rehabilitation] Aging and Disability Services may
adopt regulations, in accordance with the provisions of chapter 54, to
implement the purposes of the department as established by statute.
(c) The Commissioner of [Rehabilitation] Aging and Disability
Services shall, annually, in accordance with section 4-60, submit to the
Governor a report in electronic format on the activities of the
Department of [Rehabilitation] Aging and Disability Services relating
to services provided by the department to persons who (1) are blind or
visually impaired, (2) are deaf or hard of hearing, (3) receive vocational
rehabilitation services, or (4) are older persons or their families. The
report shall include the data the department provides to the federal
government that relates to the evaluation standards and performance
indicators for the vocational rehabilitation services program. The
commissioner shall submit the report in electronic format, in
accordance with the provisions of section 11-4a, to the joint standing Substitute House Bill No. 7163
Public Act No. 19-157 52 of 81
committees of the General Assembly having cognizance of matters
relating to human services and appropriations and the budgets of state
agencies.
(d) The functions, powers, duties and personnel of the former
Department on Aging, or any subsequent division or portion of a
division with similar functions, powers, duties and personnel, shall be
transferred to the Department of [Rehabilitation] Aging and Disability
Services pursuant to the provisions of sections 4-38d, 4-38e and 4-39.
(e) The Department of [Rehabilitation] Aging and Disability Services
shall constitute a successor department to the former Department on
Aging, in accordance with the provisions of sections 4-38d, 4-38e and
4-39. Wherever the words "Commissioner on Aging" are used in the
general statutes, the words "Commissioner of [Rehabilitation] Aging
and Disability Services" shall be substituted in lieu thereof. Wherever
the words "Department on Aging" are used in the general statutes, the
words "Department of [Rehabilitation] Aging and Disability Services"
shall be substituted in lieu thereof. Any order or regulation of the
former Department on Aging that is in force on the effective date of
this section shall continue in force and effect as an order or regulation
of the Department of [Rehabilitation] Aging and Disability Services
until amended, repealed or superseded pursuant to law.
(f) The Governor may, with the approval of the Finance Advisory
Committee, transfer funds between the Department of Social Services
and the Department of [Rehabilitation] Aging and Disability Services
pursuant to subsection (b) of section 4-87 during the fiscal year ending
June 30, 2018.
(g) The Department of [Rehabilitation] Aging and Disability
Services is designated as the State Unit on Aging to administer,
manage, design and advocate for benefits, programs and services for
older persons and their families pursuant to the Older Americans Act. Substitute House Bill No. 7163
Public Act No. 19-157 53 of 81
The department shall study continuously the conditions and needs of
older persons in this state in relation to nutrition, transportation, home
care, housing, income, employment, health, recreation and other
matters. The department shall be responsible, in cooperation with
federal, state, local and area planning agencies on aging, for the overall
planning, development and administration of a comprehensive and
integrated social service delivery system for older persons. The
Department of [Rehabilitation] Aging and Disability Services is
designated as the state agency for the administration of nutritional
programs for elderly persons described in section 17a-302, as amended
by this act, the fall prevention program described in section 17a-303a,
as amended by this act, the CHOICES program described in section
17a-314, as amended by this act, the Aging and Disability Resource
Center Program described in section 17a-316a, as amended by this act,
and the Alzheimer's respite program described in section 17b-349e, as
amended by this act.
Sec. 68. Section 17b-650e of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Department of [Rehabilitation] Aging and Disability Services
may provide necessary services to persons who are deaf or hard of
hearing, including, but not limited to, nonreimbursable interpreter
services and message relay services for persons using
telecommunication devices for persons who are deaf.
Sec. 69. Section 17b-651a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Commissioner of [Rehabilitation] Aging and Disability Services
shall inquire into the criminal history of any applicant, who is not at
the time of application employed by the Department of
[Rehabilitation] Aging and Disability Services, for a position of
employment with the department's disability determination services Substitute House Bill No. 7163
Public Act No. 19-157 54 of 81
unit. Such inquiry shall be conducted in accordance with the
provisions of section 31-51i. The commissioner shall require each such
applicant to state whether the applicant has ever been convicted of a
crime, whether criminal charges are pending against the applicant at
the time of application, and, if so, to identify the charges and court in
which such charges are pending. Each such applicant offered a
position of employment with the department's disability
determination services unit shall be required to submit to
fingerprinting and state and national criminal history records checks,
as provided in section 29-17a.
Sec. 70. Section 17b-653 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) Vocational rehabilitation services shall be provided, with or
without public cost, directly or through public or private
instrumentalities, as part of an individual plan for employment for a
person with disabilities determined to be eligible by the Department of
[Rehabilitation] Aging and Disability Services, in accordance with Title
I of the Rehabilitation Act, 29 USC 701 et seq., as amended from time to
time. Nothing in this section shall be construed to mean that an
individual's ability or inability to share in the cost of vocational
rehabilitation services may be taken into account during the
determination of eligibility for such services.
(b) If vocational rehabilitation services cannot be provided for all
eligible persons with disabilities who apply for such services, the
Department of [Rehabilitation] Aging and Disability Services shall
determine, in accordance with Title I of the Rehabilitation Act of 1973,
29 USC 701 et seq., and federal regulations, as amended from time to
time, the order to be followed in selecting those to whom such services
will be provided.
(c) Nothing in section 17b-650 or subsection (a) of this section shall Substitute House Bill No. 7163
Public Act No. 19-157 55 of 81
be construed to preclude provision of vocational rehabilitation
services, with or without public cost, to a person with a disability
under an extended evaluation for a total period not in excess of
eighteen months, in accordance with Title I of the Rehabilitation Act of
1973, 29 USC 701 et seq., as amended from time to time.
(d) The Commissioner of [Rehabilitation] Aging and Disability
Services may adopt regulations in accordance with the provisions of
chapter 54 to establish standards and procedures governing the
provision of vocational rehabilitation services and, where appropriate,
a means test to determine, based upon the financial need of each
eligible person with disabilities, the extent to which such services will
be provided at public cost. Any funds received by the Department of
[Rehabilitation] Aging and Disability Services from individuals or
third parties for the provision of vocational rehabilitation services shall
be used by the department to provide such services. The regulations
may also prescribe the procedures to be used when payment is made
by individuals required to contribute to the cost of vocational
rehabilitation services. Regulations developed to implement a means
test shall include, but not be limited to: (1) An exemption for any
individual with an income of less than one hundred per cent of the
state median income and assets which are less than five thousand
dollars; (2) an exemption for services covered in an individual plan for
employment in effect at the time of implementation of the means test;
(3) an exclusion from an individual's income of the costs of necessary
and reasonable disability-related expenses including, but not limited
to, personal attendant services and medications for which payment is
unavailable to the individual through other benefits or resources; (4)
an exclusion from the individual's assets of the value of the
individual's primary residence and motor vehicle; (5) a method by
which the Commissioner of [Rehabilitation] Aging and Disability
Services may reduce the level of required contributions by an
individual in the case of undue hardship; and (6) a requirement that Substitute House Bill No. 7163
Public Act No. 19-157 56 of 81
the Department of [Rehabilitation] Aging and Disability Services notify
an individual of the results of the means test analysis within thirty
days of receipt of necessary financial information from the individual.
Such means test shall not apply to services covered under a
determination of financial need made by an institution of higher
education. The Department of [Rehabilitation] Aging and Disability
Services shall develop the regulations in consultation with
representatives of providers of vocational rehabilitation services and
recipients of such services or their representatives.
Sec. 71. Section 17b-654 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) Any applicant for or recipient of vocational rehabilitation
services may request an informal review of any decision made by the
Department of [Rehabilitation] Aging and Disability Services pursuant
to section 17b-653, as amended by this act.
(b) Regardless of whether a person requests an informal review
under subsection (a) of this section, any applicant for or recipient of
vocational rehabilitation services who is aggrieved by a decision made
by the Department of [Rehabilitation] Aging and Disability Services
pursuant to section 17b-653, as amended by this act, may request an
administrative hearing, by making written request to the
Commissioner of [Rehabilitation] Aging and Disability Services.
(c) An individual who is aggrieved by a final agency decision made
pursuant to subsection (b) of this section may appeal therefrom in
accordance with section 4-183. Such appeals shall be privileged cases
to be heard by the court as soon after the return day as shall be
practicable.
Sec. 72. Section 17b-655 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019): Substitute House Bill No. 7163
Public Act No. 19-157 57 of 81
(a) In carrying out sections 17b-650 to 17b-663, inclusive, the
Department of [Rehabilitation] Aging and Disability Services shall
cooperate with other departments, agencies and institutions, both
public and private, in providing for the vocational rehabilitation of
persons with disabilities, in studying the problems involved therein
and in establishing, developing and providing such programs,
facilities and services as it deems necessary or desirable.
Notwithstanding any other provision of the general statutes, the
Department of [Rehabilitation] Aging and Disability Services shall not
be required to pay that portion of the cost of a program of
postsecondary education or training which is properly designated as
expected parental or family contribution in accordance with state and
federal law regarding eligibility for student financial aid.
(b) Subject to the approval of all real estate acquisitions by the
Commissioner of Administrative Services and the State Properties
Review Board, in carrying out said sections, the Department of
[Rehabilitation] Aging and Disability Services may (1) establish,
operate, foster and promote the establishment of rehabilitation
facilities and make grants to public and other nonprofit and
nonsectarian organizations for such purposes; (2) assist persons with
significant disabilities to establish and operate small businesses; and
(3) make studies, investigations, demonstrations and reports, and
provide training and instruction, including the establishment and
maintenance of such research fellowships and traineeships with such
stipends and allowances as may be deemed necessary, in matters
relating to vocational rehabilitation.
(c) The Commissioner of [Rehabilitation] Aging and Disability
Services shall develop and maintain a program of public education
and information. The program shall include, but not be limited to,
education of the public concerning services available from the
Department of [Rehabilitation] Aging and Disability Services, its Substitute House Bill No. 7163
Public Act No. 19-157 58 of 81
policies and goals, an outreach effort to discover persons with
disabilities, including such persons who are minorities as defined in
subsection (a) of section 32-9n, who may benefit from the services it
offers and the dissemination of printed materials to persons at their
initial meeting with staff of the department, including a statement of
such person's rights. Each state agency providing services to persons
with disabilities shall furnish to each person applying for such
services, at the time of initial application, a written summary of all
state programs for persons with disabilities. Such summary shall be
developed by the Department of Social Services as the lead agency for
services to persons with disabilities pursuant to section 17b-606. The
Department of Social Services shall distribute sufficient copies of the
summary to all state agencies providing services to persons with
disabilities in order that such copies may be furnished in accordance
with this subsection.
Sec. 73. Section 17b-657 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Department of [Rehabilitation] Aging and Disability Services is
authorized to provide such medical, diagnostic, physical restoration,
training and other rehabilitation services as may be needed to enable
persons with disabilities to attain the maximum degree of self care. The
powers herein delegated and authorized to the Department of
[Rehabilitation] Aging and Disability Services shall be in addition to
those authorized by any other law and shall become effective upon
authorization of federal grant-in-aid funds for participation in the cost
of independent living rehabilitation services for persons with
disabilities. The Department of [Rehabilitation] Aging and Disability
Services shall be authorized to cooperate with whatever federal agency
is directed to administer the federal aspects of such program and to
comply with such requirements and conditions as may be established
for the receipt and disbursement of federal grant-in-aid funds which Substitute House Bill No. 7163
Public Act No. 19-157 59 of 81
may be made available to the state of Connecticut in carrying out such
program.
Sec. 74. Section 17b-658 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Department of [Rehabilitation] Aging and Disability Services is
authorized to cooperate with the federal government in carrying out
the purposes of any federal statutes pertaining to vocational
rehabilitation, to adopt such methods of administration as it finds
necessary for the proper and efficient operation of agreements or plans
for vocational rehabilitation and to comply with such conditions as
may be necessary to secure the full benefits of such federal statutes to
this state.
Sec. 75. Section 17b-659 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The State Treasurer is designated as the custodian of all funds
received from the federal government for the purpose of carrying out
any federal statutes pertaining to vocational rehabilitation or any
agreements authorized by sections 17b-650 to 17b-663, inclusive, and
shall make disbursements from such funds and from all state funds
available for vocational rehabilitation purposes upon certification by
the Commissioner of [Rehabilitation] Aging and Disability Services.
Sec. 76. Section 17b-660 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Commissioner of [Rehabilitation] Aging and Disability Services
is authorized to accept and use gifts made unconditionally by will or
otherwise for carrying out the purposes of the general statutes
concerning the Department of [Rehabilitation] Aging and Disability
Services. Gifts made under such conditions as in the judgment of the
Commissioner of [Rehabilitation] Aging and Disability Services are Substitute House Bill No. 7163
Public Act No. 19-157 60 of 81
proper and consistent with the provisions of said sections may be so
accepted and shall be held, invested, reinvested and used in
accordance with the conditions of the gift.
Sec. 77. Section 17b-661 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
Notwithstanding any other provision of the general statutes, the
Department of [Rehabilitation] Aging and Disability Services may,
within the limits of appropriations, purchase (1) wheelchairs and
placement equipment directly and without the issuance of a purchase
order, provided the cost of such purchases shall not be in excess of
twenty thousand dollars per unit, and (2) adaptive equipment,
including equipment to modify vehicles for persons with disabilities
directly and without the issuance of a purchase order, provided the
cost of such purchases of adaptive equipment shall not be in excess of
one hundred twenty thousand dollars per unit. All such purchases
shall be made in the open market, but shall, when possible, be based
on at least three competitive bids. Such bids shall be solicited by
sending notice to prospective suppliers and by posting notice on the
Internet web site of the Department of [Rehabilitation] Aging and
Disability Services. Each bid shall be opened publicly at the time stated
in the notice soliciting such bid. Acceptance of a bid by the Department
of [Rehabilitation] Aging and Disability Services shall be based on
standard specifications as may be adopted by said department.
Sec. 78. Section 17b-666 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) The Department of [Rehabilitation] Aging and Disability
Services may receive state and federal funds to administer, within
available appropriations, an employment opportunities program to
serve individuals with the most significant disabilities who do not
meet the eligibility requirements of supported employment programs Substitute House Bill No. 7163
Public Act No. 19-157 61 of 81
administered by the Departments of Developmental Services, Social
Services and Mental Health and Addiction Services. For the purposes
of this section, "individuals with the most significant disabilities"
means those individuals who (1) have serious employment limitations
in a total of three or more functional areas including, but not limited
to, mobility, communication, self-care, interpersonal skills, work
tolerance or work skills, or (2) will require significant ongoing
disability-related services on the job in order to maintain employment.
(b) The employment opportunities program shall provide extended
services, as defined in 34 CFR 361.5(b)(19), that are necessary for
individuals with the most significant disabilities to maintain supported
employment. Such services shall include coaching and other related
services that allow participants to obtain and maintain employment
and maximize economic self-sufficiency.
(c) The Department of [Rehabilitation] Aging and Disability Services
shall adopt regulations, in accordance with chapter 54, to implement
the provisions of this section.
Sec. 79. Section 21a-3a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Department of Consumer Protection, in collaboration with the
Department of [Rehabilitation] Aging and Disability Services, shall
conduct a public awareness campaign, within available funding, to
educate elderly consumers and caregivers on ways to resist aggressive
marketing tactics and scams.
Sec. 80. Section 23-15c of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) Not later than December 1, 2015, and annually thereafter, any
person who has a contractual agreement with the Department of
[Rehabilitation] Aging and Disability Services for the operation in any Substitute House Bill No. 7163
Public Act No. 19-157 62 of 81
state park of any food service facility, vending machine or stand for the
vending of goods shall report to the Department of [Rehabilitation]
Aging and Disability Services the amount of revenue that such person
generated during the calendar year as a result of such contract. Not
later than January 1, 2016, and each year thereafter, the Department of
[Rehabilitation] Aging and Disability Services shall compile any
reports received pursuant to this subsection and transmit such reports
to the Commissioner of Energy and Environmental Protection.
(b) On or before January 30, 2016, and each year thereafter, the
Commissioner of Energy and Environmental Protection shall compile
the following information: (1) The number of food service facilities,
vending machines and stands for the vending of goods that are located
in the state parks and the location of the respective parks that have
such facilities, machines or stands, (2) the amount of revenues
generated from such food service facilities, vending machines and
stands for the vending of goods, as reported to the commissioner by
the Department of [Rehabilitation] Aging and Disability Services
pursuant to subsection (a) of this section, (3) the contractual agreement
or provision of law that provides for the payment of any portion of
such revenues to the state or that prohibits or limits the payment of
such revenues to the state, (4) the amount of such revenues paid to the
state in the subject calendar year, and (5) the manner in which such
revenues were used by the state, if identifiable by the commissioner.
Sec. 81. Section 26-29 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
No fee shall be charged for any sport fishing license issued under
this chapter to any person who is blind, and such license shall be a
lifetime license not subject to the expiration provisions of section 26-35.
Proof of such blindness shall be furnished, in the case of a veteran, by
the United States Department of Veterans Affairs and, in the case of
any other person, by the Department of [Rehabilitation] Aging and Substitute House Bill No. 7163
Public Act No. 19-157 63 of 81
Disability Services. For the purpose of this section, a person shall be
blind only if his or her central visual acuity does not exceed 20/200 in
the better eye with correcting lenses, or if his or her visual acuity is
greater than 20/200 but is accompanied by a limitation in the fields of
vision such that the widest diameter of the visual field subtends an
angle no greater than twenty degrees.
Sec. 82. Subsection (d) of section 31-280 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(d) The chairman and the Comptroller, as soon as practicable after
August first in each year, shall ascertain the total amount of expenses
incurred by the commission, including, in addition to the direct cost of
personnel services, the cost of maintenance and operation, rentals for
space occupied in state leased offices and all other direct and indirect
costs, incurred by the commission and the expenses incurred by the
Department of [Rehabilitation] Aging and Disability Services in
providing rehabilitation services for employees suffering compensable
injuries in accordance with the provisions of section 31-283a, as
amended by this act, during the preceding fiscal year in connection
with the administration of the Workers' Compensation Act and the
total noncontributory payments required to be made to the Treasurer
towards commissioners' retirement salaries as provided in sections 51-
49, 51-50, 51-50a and 51-50b. An itemized statement of the expenses as
so ascertained shall be available for public inspection in the office of
the chairman of the Workers' Compensation Commission for thirty
days after notice to all insurance carriers, and to all employers
permitted to pay compensation directly affected thereby.
Sec. 83. Section 31-283a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) The Department of [Rehabilitation] Aging and Disability Substitute House Bill No. 7163
Public Act No. 19-157 64 of 81
Services shall provide rehabilitation programs for employees with
compensable injuries within the provisions of this chapter, which
injuries prevented such employees from performing their customary
or most recent work. The Commissioner of [Rehabilitation] Aging and
Disability Services shall establish rehabilitation programs which shall
best suit the needs of such employees and shall make the programs
available in convenient locations throughout the state. After
consultation with the Labor Commissioner, the Commissioner of
[Rehabilitation] Aging and Disability Services may establish fees for
the programs, so as to provide the most effective rehabilitation
programs at a minimum rate. In order to carry out the provisions of
this section, the Commissioner of [Rehabilitation] Aging and Disability
Services shall adopt regulations, in accordance with the provisions of
chapter 54, and, subject to the provisions of chapter 67, provide for the
employment of necessary assistants.
(b) The Commissioner of [Rehabilitation] Aging and Disability
Services shall be authorized to (1) enter into agreements with other
state or federal agencies to carry out the purposes of this section and
expend money for that purpose, and (2) on behalf of the state of
Connecticut, develop matching programs or activities to secure federal
grants or funds for the purposes of this section and may pledge or use
funds supplied from the administrative costs fund, as provided in
section 31-345, as amended by this act, to finance the state's share of
the programs or activities.
Sec. 84. Subsection (a) of section 31-296 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) If an employer and an injured employee, or in case of fatal injury
the employee's legal representative or dependent, at a date not earlier
than the expiration of the waiting period, reach an agreement in regard
to compensation, such agreement shall be submitted in writing to the Substitute House Bill No. 7163
Public Act No. 19-157 65 of 81
commissioner by the employer with a statement of the time, place and
nature of the injury upon which it is based; and, if such commissioner
finds such agreement to conform to the provisions of this chapter in
every regard, the commissioner shall so approve it. A copy of the
agreement, with a statement of the commissioner's approval, shall be
delivered to each of the parties and thereafter it shall be as binding
upon both parties as an award by the commissioner. The
commissioner's statement of approval shall also inform the employee
or the employee's dependent, as the case may be, of any rights the
individual may have to an annual cost-of-living adjustment or to
participate in a rehabilitation program administered by the
Department of [Rehabilitation] Aging and Disability Services under
the provisions of this chapter. The commissioner shall retain the
original agreement, with the commissioner's approval thereof, in the
commissioner's office and, if an application is made to the superior
court for an execution, the commissioner shall, upon the request of
said court, file in the court a certified copy of the agreement and
statement of approval.
Sec. 85. Section 31-300 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
As soon as may be after the conclusion of any hearing, but no later
than one hundred twe nty days after such conclusion, the
commissioner shall send to each party a written copy of the
commissioner's findings and award. The commissioner shall, as part of
the written award, inform the employee or the employee's dependent,
as the case may be, of any rights the individual may have to an annual
cost-of-living adjustment or to participate in a rehabilitation program
administered by the Department of [Rehabilitation] Aging and
Disability Services under the provisions of this chapter. The
commissioner shall retain the original findings and award in said
commissioner's office. If no appeal from the decision is taken by either Substitute House Bill No. 7163
Public Act No. 19-157 66 of 81
party within twenty days thereafter, such award shall be final and may
be enforced in the same manner as a judgment of the Superior Court.
The court may issue execution upon any uncontested or final award of
a commissioner in the same manner as in cases of judgments rendered
in the Superior Court; and, upon the filing of an application to the
court for an execution, the commissioner in whose office the award is
on file shall, upon the request of the clerk of said court, send to the
clerk a certified copy of such findings and award. In cases where,
through the fault or neglect of the employer or insurer, adjustments of
compensation have been unduly delayed, or where through such fault
or neglect, payments have been unduly delayed, the commissioner
may include in the award interest at the rate prescribed in section 37-
3a and a reasonable attorney's fee in the case of undue delay in
adjustments of compensation and may include in the award in the case
of undue delay in payments of compensation, interest at twelve per
cent per annum and a reasonable attorney's fee. Payments not
commenced within thirty-five days after the filing of a written notice of
claim shall be presumed to be unduly delayed unless a notice to
contest the claim is filed in accordance with section 31-297. In cases
where there has been delay in either adjustment or payment, which
delay has not been due to the fault or neglect of the employer or
insurer, whether such delay was caused by appeals or otherwise, the
commissioner may allow interest at such rate, not to exceed the rate
prescribed in section 37-3a, as may be fair and reasonable, taking into
account whatever advantage the employer or insurer, as the case may
be, may have had from the use of the money, the burden of showing
that the rate in such case should be less than the rate prescribed in
section 37-3a to be upon the employer or insurer. In cases where the
claimant prevails and the commissioner finds that the employer or
insurer has unreasonably contested liability, the commissioner may
allow to the claimant a reasonable attorney's fee. No employer or
insurer shall discontinue or reduce payment on account of total or
partial incapacity under any such award, if it is claimed by or on Substitute House Bill No. 7163
Public Act No. 19-157 67 of 81
behalf of the injured person that such person's incapacity still
continues, unless such employer or insurer notifies the commissioner
and the employee of such proposed discontinuance or reduction in the
manner prescribed in section 31-296, as amended by this act, and the
commissioner specifically approves such discontinuance or reduction
in writing. The commissioner shall render the decision within fourteen
days of receipt of such notice and shall forward to all parties to the
claim a copy of the decision not later than seven days after the decision
has been rendered. If the decision of the commissioner finds for the
employer or insurer, the injured person shall return any wrongful
payments received from the day designated by the commissioner as
the effective date for the discontinuance or reduction of benefits. Any
employee whose benefits for total incapacity are discontinued under
the provisions of this section and who is entitled to receive benefits for
partial incapacity as a result of an award, shall receive those benefits
commencing the day following the designated effective date for the
discontinuance of benefits for total incapacity. In any case where the
commissioner finds that the employer or insurer has discontinued or
reduced any such payment without having given such notice and
without the commissioner having approved such discontinuance or
reduction in writing, the commissioner shall allow the claimant a
reasonable attorney's fee together with interest at the rate prescribed in
section 37-3a on the discontinued or reduced payments.
Sec. 86. Subdivision (2) of subsection (b) of section 31-345 of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2019):
(2) The chairman of the Workers' Compensation Commission shall
annually, on or after July first of each fiscal year, determine an amount
sufficient in the chairman's judgment to meet the expenses incurred by
the Workers' Compensation Commission and the Department of
[Rehabilitation] Aging and Disability Services in providing Substitute House Bill No. 7163
Public Act No. 19-157 68 of 81
rehabilitation services for employees suffering compensable injuries in
accordance with section 31-283a, as amended by this act. Such
expenses shall include (A) the costs of the Division of Workers'
Rehabilitation and the programs established by its director, for fiscal
years prior to the fiscal year beginning July 1, 2011, (B) the costs of the
Division of Worker Education and the programs established by its
director, and (C) funding for the occupational health clinic program
created pursuant to sections 31-396 to 31-402, inclusive. The Treasurer
shall thereupon assess upon and collect from each employer, other
than the state and any municipality participating for purposes of its
liability under this chapter as a member in an interlocal risk
management agency pursuant to chapter 113a, the proportion of such
expenses, based on the immediately preceding fiscal year, that the total
compensation and payment for hospital, medical and nursing care
made by such self-insured employer or private insurance carrier acting
on behalf of any such employer bore to the total compensation and
payments for the immediately preceding fiscal year for hospital,
medical and nursing care made by such insurance carriers and
self-insurers. For the fiscal years ending June 30, 2000, and June 30,
2001, such assessments shall not exceed five per cent of such total
compensation and payments made by such insurance carriers and self-
insurers. For the fiscal years ending June 30, 2002, and June 30, 2003,
such assessments shall not exceed four and one-half per cent of such
total compensation and payments made by such insurance carriers and
self-insurers. For any fiscal year ending on or after June 30, 2004, such
assessment shall not exceed four per cent of such total compensation
and payments made by such insurance carriers and self-insurers. Such
assessments and expenses shall not exceed the budget estimates
submitted in accordance with subsection (c) of section 31-280. For each
fiscal year, such assessment shall be reduced pro rata by the amount of
any surplus from the assessments of prior fiscal years. Said surplus
shall be determined in accordance with subdivision (3) of this
subsection. Such assessments shall be made in one annual assessment Substitute House Bill No. 7163
Public Act No. 19-157 69 of 81
upon receipt of the chairman's expense determination by the
Treasurer. All assessments shall be paid not later than sixty days
following the date of the assessment by the Treasurer. Any employer
who fails to pay such assessment to the Treasurer within the time
prescribed by this subdivision shall pay interest to the Treasurer on the
assessment at the rate of eight per cent per annum from the date the
assessment is due until the date of payment. All assessments received
by the Treasurer pursuant to this subdivision to meet the expenses of
the Workers' Compensation Commission shall be deposited in the
Workers' Compensation Administration Fund established under
section 31-344a. All assessments received by the Treasurer pursuant to
this subdivision to meet the expenses incurred by the Department of
[Rehabilitation] Aging and Disability Services in providing
rehabilitation services for employees suffering compensable injuries in
accordance with section 31-283a, as amended by this act, shall be
deposited in the Workers' Compensation Administration Fund. The
Treasurer is hereby authorized to make credits or rebates for
overpayments made under this subsection by any employer for any
fiscal year.
Sec. 87. Subsection (a) of section 31-349b of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) Any employee who has suffered a compensable injury under the
provisions of this chapter, and who is receiving benefits for such injury
from the Second Injury Fund pursuant to the provisions of section 31-
349, may file a written request with the commissioner in the district
where the original claim was filed for a hearing to determine whether
the employee's injury constitutes a permanent vocational disability.
The hearing shall be held within sixty days of the date the request was
filed. Upon the request of the commissioner and prior to the
conclusion of such hearing, the Commissioner of [Rehabilitation] Substitute House Bill No. 7163
Public Act No. 19-157 70 of 81
Aging and Disability Services shall, after receiving such information
on the case which the commissioner deems necessary, submit written
recommendations concerning the case to the commissioner for his
consideration. The commissioner shall issue his decision, in writing,
within ten days after the conclusion of the hearing. If the commissioner
determines that the employee's injury is a permanent vocational
disability, the employee shall be issued a certificate of disability by the
commissioner. Such certificate shall be effective for a stated period of
time of from one to five years, as determined by the commissioner. The
decision of the commissioner may be appealed in accordance with the
provisions of section 31-301.
Sec. 88. Subdivision (4) of subsection (a) of section 38a-47 of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2019):
(4) The amount appropriated to the Department of [Rehabilitation]
Aging and Disability Services for the fall prevention program
established in section 17a-303a, as amended by this act, from the
Insurance Fund for the fiscal year.
Sec. 89. Subsection (b) of section 38a-48 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(b) On or before July thirty-first, annually, the Insurance
Commissioner and the Office of the Healthcare Advocate shall render
to each domestic insurance company or other domestic entity liable for
payment under section 38a-47, as amended by this act: (1) A statement
that includes (A) the amount appropriated to the Insurance
Department, the Office of the Healthcare Advocate and the Office of
Health Strategy from the Insurance Fund established under section
38a-52a for the fiscal year beginning July first of the same year, (B) the
cost of fringe benefits for department and office personnel for such Substitute House Bill No. 7163
Public Act No. 19-157 71 of 81
year, as estimated by the Comptroller, (C) the estimated expenditures
on behalf of the department and the offices from the Capital
Equipment Purchase Fund pursuant to section 4a-9 for such year, not
including such estimated expenditures made on behalf of the Health
Systems Planning Unit of the Office of Health Strategy, and (D) the
amount appropriated to the Department of [Rehabilitation] Aging and
Disability Services for the fall prevention program established in
section 17a-303a, as amended by this act, from the Insurance Fund for
the fiscal year; (2) a statement of the total taxes imposed on all
domestic insurance companies and domestic insurance entities under
chapter 207 on business done in this state during the preceding
calendar year; and (3) the proposed assessment against that company
or entity, calculated in accordance with the provisions of subsection (c)
of this section, provided for the purposes of this calculation the
amount appropriated to the Insurance Department, the Office of the
Healthcare Advocate and the Office of Health Strategy from the
Insurance Fund plus the cost of fringe benefits for department and
office personnel and the estimated expenditures on behalf of the
department and the office from the Capital Equipment Purchase Fund
pursuant to section 4a-9, not including such expenditures made on
behalf of the Health Systems Planning Unit of the Office of Health
Strategy shall be deemed to be the actual expenditures of the
department and the office, and the amount appropriated to the
Department of [Rehabilitation] Aging and Disability Services from the
Insurance Fund for the fiscal year for the fall prevention program
established in section 17a-303a, as amended by this act, shall be
deemed to be the actual expenditures for the program.
Sec. 90. Subsection (g) of section 38a-48 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(g) If the actual expenditures for the fall prevention program Substitute House Bill No. 7163
Public Act No. 19-157 72 of 81
established in section 17a-303a, as amended by this act, are less than
the amount allocated, the Commissioner of [Rehabilitation] Aging and
Disability Services shall notify the Insurance Commissioner and the
Healthcare Advocate. Immediately following the close of the fiscal
year, the Insurance Commissioner and the Healthcare Advocate shall
recalculate the proposed assessment for each domestic insurance
company or other domestic entity in accordance with subsection (c) of
this section using the actual expenditures made during the fiscal year
by the Insurance Department, the Office of the Healthcare Advocate
and the Office of Health Strategy from the Insurance Fund, the actual
expenditures made on behalf of the department and the offices from
the Capital Equipment Purchase Fund pursuant to section 4a-9, not
including such expenditures made on behalf of the Health Systems
Planning Unit of the Office of Health Strategy, and the actual
expenditures for the fall prevention program. On or before July thirty-
first, the Insurance Commissioner and the Healthcare Advocate shall
render to each such domestic insurance company and other domestic
entity a statement showing the difference between their respective
recalculated assessments and the amount they have previously paid.
On or before August thirty-first, the Insurance Commissioner and the
Healthcare Advocate, after receiving any objections to such statements,
shall make such adjustments which in their opinion may be indicated,
and shall render an adjusted assessment, if any, to the affected
companies.
Sec. 91. Section 38a-475 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Insurance Department shall only precertify long-term care
insurance policies that (1) alert the purchaser to the availability of
consumer information and public education provided by the
Department of [Rehabilitation] Aging and Disability Services pursuant
to section 17b-251, as amended by this act; (2) offer the option of home Substitute House Bill No. 7163
Public Act No. 19-157 73 of 81
and community-based services in addition to nursing home care; (3) in
all home care plans, include case management services delivered by an
access agency approved by the Office of Policy and Management and
the Department of Social Services as meeting the requirements for such
agency as defined in regulations adopted pursuant to subsection (e) of
section 17b-342, which services shall include, but need not be limited
to, the development of a comprehensive individualized assessment
and care plan and, as needed, the coordination of appropriate services
and the monitoring of the delivery of such services; (4) provide
inflation protection; (5) provide for the keeping of records and an
explanation of benefit reports on insurance payments which count
toward Medicaid resource exclusion; and (6) provide the management
information and reports necessary to document the extent of Medicaid
resource protection offered and to evaluate the Connecticut
Partnership for Long-Term Care. No policy shall be precertified if it
requires prior hospitalization or a prior stay in a nursing home as a
condition of providing benefits. The commissioner may adopt
regulations, in accordance with chapter 54, to carry out the
precertification provisions of this section.
Sec. 92. Subsection (a) of section 46a-28 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) The Advisory Board for Persons Who are Deaf or Hard of
Hearing shall consist of the following sixteen members appointed by
the Governor: (1) The consultant appointed by the State Board of
Education in accordance with section 10-316a, or the consultant's
designee; (2) the president of the Connecticut Council of Organizations
Serving the Deaf, or the president's designee; (3) the president of the
Connecticut Association of the Deaf, or the president's designee; (4) the
president of the Connecticut Registry of Interpreters for the Deaf, or
the president's designee; (5) the Commissioner of [Rehabilitation] Substitute House Bill No. 7163
Public Act No. 19-157 74 of 81
Aging and Disability Services, or the commissioner's designee; (6) the
executive director of the American School for the Deaf, or the executive
director's designee; (7) a parent of a student in a predominantly oral
education program; (8) a parent of a student at the American School
for the Deaf; (9) a person who is deaf; (10) a person who is hard of
hearing; (11) a person who is deaf and blind; (12) an interpreting
professional who serves deaf or hard of hearing persons; (13) a
healthcare professional who works with persons who are deaf or hard
of hearing; (14) the Governor's liaison to the disability community; (15)
an educator who works with children who are deaf or hard of hearing;
and (16) the director of the Connecticut Chapter of We the Deaf
People. The Commissioner of [Rehabilitation] Aging and Disability
Services, the Governor's liaison to the disability community and a
member chosen by the majority of the board shall be the chairpersons
of the advisory board.
Sec. 93. Subsection (a) of section 46a-29 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) The Commissioner of [Rehabilitation] Aging and Disability
Services may request and shall receive from any department, division,
board, bureau, commission or agency of the state or of any political
subdivision thereof such assistance and data as will enable the
Department of [Rehabilitation] Aging and Disability Services to
properly carry out its activities under sections 17b-650e, as amended
by this act, and 46a-30 to 46a-33b, inclusive, as amended by this act,
and to effectuate the purposes therein set forth.
Sec. 94. Section 46a-30 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) The Commissioner of [Rehabilitation] Aging and Disability
Services may receive moneys from any source, including gifts, grants, Substitute House Bill No. 7163
Public Act No. 19-157 75 of 81
bequests and reimbursements which moneys may be expended for the
purposes designated by the donor or to effectuate the provisions of
sections 17b-650e, as amended by this act, and 46a-29 to 46a-33b,
inclusive, as amended by this act.
(b) The Commissioner of [Rehabilitation] Aging and Disability
Services is empowered to expend its appropriation and receipts to
initiate and support the provisions of said sections by contract or other
arrangement and to contract for and engage consultants.
Sec. 95. Subsections (b) to (e), inclusive, of section 46a-33a of the
general statutes are repealed and the following is substituted in lieu
thereof (Effective October 1, 2019):
(b) All persons providing interpreting services shall register,
annually, with the Department of [Rehabilitation] Aging and Disability
Services. Such registration shall be on a form prescribed or furnished
by the Commissioner of [Rehabilitation] Aging and Disability Services
and shall include the registrant's name, address, phone number, place
of employment as interpreter and interpreter certification or
credentials. The department shall issue identification cards for those
who register in accordance with this section.
(c) No person shall provide interpreting services unless such person
is registered with the Department of [Rehabilitation] Aging and
Disability Services according to the provisions of this section and (1)
has passed the National Registry of Interpreters for the Deaf written
generalist test or the National Association of the Deaf-National
Registry of Interpreters for the Deaf certification knowledge
examination, holds a level three certification provided by the National
Association of the Deaf, documents the achievement of two continuing
education units per year for a maximum of five years of training
approved by the Commissioner of [Rehabilitation] Aging and
Disability Services, and on or before the fifth anniversary of having Substitute House Bill No. 7163
Public Act No. 19-157 76 of 81
passed the National Registry of Interpreters for the Deaf written
generalist test or the National Association of the Deaf-National
Registry of Interpreters for the Deaf certification knowledge
examination, has passed the National Registry of Interpreters for the
Deaf performance examination or the National Association of the
Deaf-National Registry of Interpreters for the Deaf national interpreter
certification examination, (2) has passed the National Registry of
Interpreters for the Deaf written generalist test or the National
Association of the Deaf-National Registry of Interpreters for the Deaf
certification knowledge examination and is a graduate of an accredited
interpreter training program and documents the achievement of two
continuing education units per year for a maximum of five years of
training approved by the commissioner, and on or before the fifth
anniversary of having passed the National Registry of Interpreters for
the Deaf written generalist test or the National Association of the Deaf-
National Registry of Interpreters for the Deaf certification knowledge
examination, has passed the National Registry of Interpreters for the
Deaf performance examination or the National Association of the
Deaf-National Registry of Interpreters for the Deaf national interpreter
certification examination, (3) holds a level four or higher certification
from the National Association of the Deaf, (4) holds certification by the
National Registry of Interpreters for the Deaf, (5) for situations
requiring an oral interpreter only, holds oral certification from the
National Registry of Interpreters for the Deaf, (6) for situations
requiring a cued speech transliterator only, holds certification from the
National Training, Evaluation and Certification Unit and has passed
the National Registry of Interpreters for the Deaf written generalist
test, (7) holds a reverse skills certificate or is a certified deaf interpreter
under the National Registry of Interpreters for the Deaf, or (8) holds a
National Association of the Deaf-National Registry of Interpreters for
the Deaf national interpreting certificate.
(d) No person shall provide interpreting services in a medical Substitute House Bill No. 7163
Public Act No. 19-157 77 of 81
setting unless such person is registered with the Department of
[Rehabilitation] Aging and Disability Services according to the
provisions of this section and (1) holds a comprehensive skills
certificate from the National Registry of Interpreters for the Deaf, (2)
holds a certificate of interpretation or a certificate of transliteration
from the National Registry of Interpreters for the Deaf, (3) holds a level
four or higher certification from the National Association of the Deaf,
(4) holds a reverse skills certificate or is a certified deaf interpreter
under the National Registry of Interpreters for the Deaf, (5) for
situations requiring an oral interpreter only, holds oral certification
from the National Registry of Interpreters for the Deaf, (6) for
situations requiring a cued speech transliterator only, holds
certification from the National Training, Evaluation and Certification
Unit and has passed the National Registry of Interpreters for the Deaf
written generalist test, or (7) holds a National Association of the Deaf-
National Registry of Interpreters for the Deaf national interpreting
certificate.
(e) No person shall provide interpreting services in a legal setting
unless such person is registered with the Department of
[Rehabilitation] Aging and Disability Services according to the
provisions of this section and (1) holds a comprehensive skills
certificate from the National Registry of Interpreters for the Deaf, (2)
holds a certificate of interpretation and a certificate of transliteration
from the National Registry of Interpreters for the Deaf, (3) holds a level
five certification from the National Association of the Deaf, (4) holds a
reverse skills certificate or is a certified deaf interpreter under the
National Registry of Interpreters for the Deaf, (5) for situations
requiring an oral interpreter only, holds oral certification from the
National Registry of Interpreters for the Deaf, (6) for situations
requiring a cued speech transliterator only, holds certification from the
National Training, Evaluation and Certification Unit and has passed
the National Registry of Interpreters for the Deaf written generalist Substitute House Bill No. 7163
Public Act No. 19-157 78 of 81
test, or (7) holds a National Association of the Deaf-National Registry
of Interpreters for the Deaf national interpreting certificate.
Sec. 96. Section 46a-33b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
Upon the request of any person or any public or private entity, the
Department of [Rehabilitation] Aging and Disability Services may
provide interpreting services to assist such person or entity to the
extent such persons who provide interpreting services are available.
Any person or entity receiving interpreting services through the
department shall reimburse the department for such services at a rate
set by the Commissioner of [Rehabilitation] Aging and Disability
Services. The commissioner may adopt regulations in accordance with
the provisions of chapter 54 to establish the manner of rate setting.
Sec. 97. Section 46a-33c of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
For purposes of this section, "state agency" has the same meaning as
provided in section 9-612 and "interpreting" has the same meaning as
provided in section 46a-33a, as amended by this act. Any state agency
that is unable to fulfill a request for interpreting services with its own
interpreting staff shall first request such services from the Department
of [Rehabilitation] Aging and Disability Services and may seek such
services elsewhere if (1) the department is unable to fulfill the request
in two business days, or (2) the agency shows good cause that it needs
such services immediately. The provisions of this section shall not (A)
apply to the Department of [Rehabilitation] Aging and Disability
Services if the department needs interpreting services related to an
internal matter and the use of department interpreters may raise
confidentiality concerns, or (B) affect any preexisting contract for
interpreting services. Interpreting services provided by a state agency
shall be in accordance with the provisions of section 46a-33a, as Substitute House Bill No. 7163
Public Act No. 19-157 79 of 81
amended by this act.
Sec. 98. Section 17b-343 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2019):
The Commissioner of Social Services shall establish annually the
maximum allowable rate to be paid by agencies for homemaker
services, chore person services, companion services, respite care, meals
on wheels, adult day care services, case management and assessment
services, transportation, mental health counseling and elderly foster
care. [, except that the maximum allowable rates in effect July 1, 1990,
shall remain in effect during the fiscal years ending June 30, 1992, and
June 30, 1993.] The Commissioner of Social Services shall prescribe
uniform forms on which agencies providing such services shall report
their costs for such services. Such rates shall be determined on the
basis of a reasonable payment for necessary services rendered. The
maximum allowable rates established by the Commissioner of Social
Services for the Connecticut home-care program for the elderly
established under section 17b-342 shall constitute the rates required
under this section until revised in accordance with this section. The
Commissioner of Social Services shall establish a fee schedule, to be
effective on and after July 1, 1994, for homemaker services, chore
person services, companion services, respite care, meals on wheels,
adult day care services, case management and assessment services,
transportation, mental health counseling and elderly foster care. The
commissioner may annually increase [any fee in] the fee schedule
based on an increase in the cost of services. The commissioner shall
increase the fee schedule effective July 1, 2000, by not less than five per
cent, for adult day care services. The commissioner shall increase the
fee schedule effective July 1, 2011, by four dollars per person, per day
for adult day care services. Effective July 1, 2020, and annually
thereafter, the commissioner may increase the fee schedule for meals
on wheels providers serving participants in the Connecticut home-care Substitute House Bill No. 7163
Public Act No. 19-157 80 of 81
program for the elderly by, at a minimum, the cost -of-living
adjustment as measured by the consumer price ind ex. The
commissioner may increase any fee payable to a meals on wheels
provider upon the application of such provider evidencing
extraordinary costs related to delivery of meals on wheels in sparsely
populated rural regions of the state. Nothing contained in this section
shall authorize a payment by the state to any agency for such services
in excess of the amount charged by such agency for such services to
the general public.
Sec. 99. Subsection (c) of section 17a-305 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July
1, 2019):
(c) The Department of Rehabilitation Services, in consultation with
the five area agencies on aging, shall review the method of allocation
set forth in subsection (a) of this section and shall report any findings
or recommendations, as well as data on service levels and costs, to the
joint standing committees of the General Assembly having cognizance
of matters relating to appropriations and the budgets of state agencies
and human services. Providers of meals under the department's
elderly nutrition program shall annually provide the department with
data on service levels and costs.
Sec. 100. Subsection (b) of section 19a-127l of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July
1, 2019):
(b) In carrying out its responsibilities under subsection (a) of this
section, the department shall develop the following for the quality of
care program:
(1) Comparable performance measures to be reported;
(2) Selection of patient satisfaction survey measures and Substitute House Bill No. 7163
Public Act No. 19-157 81 of 81
instruments;
(3) Methods and format of standardized data collection;
(4) Format for a public quality performance measurement report;
(5) Human resources and quality measurements;
(6) Medical error reduction methods;
(7) Systems for sharing and implementing universally accepted best
practices;
(8) Systems for reporting outcome data;
(9) Systems for continuum of care;
(10) Recommendations concerning the use of an ISO 9000 quality
auditing program;
(11) Recommendations concerning the types of statutory protection
needed prior to collecting any data or information under this section
and sections 19a-127m and 19a-127n; [and]
(12) Recommendations concerning the collection and analysis of
data on patient malnutrition for the purposes of improving quality of
care; and
[(12)] (13) Any other issues that the department deems appropriate.