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3 | 3 | | LCO No. 4635 1 of 3 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 895 |
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6 | 6 | | January Session, 2019 |
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7 | 7 | | LCO No. 4635 |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on HUMAN SERVICES |
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12 | 12 | | |
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13 | 13 | | Introduced by: |
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14 | 14 | | (HS) |
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18 | 18 | | |
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19 | 19 | | AN ACT CONCERNING ME DICAID COVERAGE OF IN-HOME |
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20 | 20 | | COUNSELING PROVIDED BY A HOME HEALTH CAR E AGENCY. |
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21 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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22 | 22 | | Assembly convened: |
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23 | 23 | | |
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24 | 24 | | Section 1. Subsection (a) of section 17b-242 of the general statutes is 1 |
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25 | 25 | | repealed and the following is substituted in lieu thereof (Effective July 2 |
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26 | 26 | | 1, 2019): 3 |
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27 | 27 | | (a) The Department of Social Services shall determine the rates to be 4 |
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28 | 28 | | paid to home health care agencies and homemaker-home health aide 5 |
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29 | 29 | | agencies by the state or any town in the state for persons aided or 6 |
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30 | 30 | | cared for by the state or any such town. [For the period from February 7 |
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31 | 31 | | 1, 1991, to January 31, 1992, inclusive, payment for each service to the 8 |
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32 | 32 | | state shall be based upon the rate for such service as determined by the 9 |
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33 | 33 | | Office of Health Care Access, except that for those providers whose 10 |
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34 | 34 | | Medicaid rates for the year ending January 31, 1991, exceed the median 11 |
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35 | 35 | | rate, no increase shall be allowed. For those providers whose rates for 12 |
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36 | 36 | | the year ending January 31, 1991, are below the median rate, increases 13 |
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37 | 37 | | shall not exceed the lower of the prior rate increased by the most 14 |
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38 | 38 | | recent annual increase in the consumer price index for urban 15 Raised Bill No. 895 |
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41 | 41 | | |
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42 | 42 | | LCO No. 4635 2 of 3 |
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43 | 43 | | |
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44 | 44 | | consumers or the median rate. In no case shall any such rate exceed the 16 |
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45 | 45 | | eightieth percentile of rates in effect January 31, 1991, nor shall any rate 17 |
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46 | 46 | | exceed the charge to the general public for similar services. Rates 18 |
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47 | 47 | | effective February 1, 1992, shall be based upon rates as determined by 19 |
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48 | 48 | | the Office of Health Care Access, except that increases shall not exceed 20 |
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49 | 49 | | the prior year's rate increased by the most recent annual increase in the 21 |
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50 | 50 | | consumer price index for urban consumers and rates effective 22 |
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51 | 51 | | February 1, 1992, shall remain in effect through June 30, 1993. Rates 23 |
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52 | 52 | | effective July 1, 1993, shall be based upon rates as determined by the 24 |
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53 | 53 | | Office of Health Care Access except if the Medicaid rates for any 25 |
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54 | 54 | | service for the period ending June 30, 1993, exceed the median rate for 26 |
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55 | 55 | | such service, the increase effective July 1, 1993, shall not exceed one 27 |
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56 | 56 | | per cent. If the Medicaid rate for any service for the period ending June 28 |
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57 | 57 | | 30, 1993, is below the median rate, the increase effective July 1, 1993, 29 |
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58 | 58 | | shall not exceed the lower of the prior rate increased by one and one-30 |
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59 | 59 | | half times the most recent annual increase in the consumer price index 31 |
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60 | 60 | | for urban consumers or the median rate plus one per cent.] The 32 |
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61 | 61 | | Commissioner of Social Services shall establish a fee schedule for home 33 |
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62 | 62 | | health services to be effective on and after July 1, 1994. The 34 |
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63 | 63 | | commissioner may annually modify such fee schedule if such 35 |
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64 | 64 | | modification is needed to ensure that the conversion to an 36 |
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65 | 65 | | administrative services organization is cost neutral to home health care 37 |
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66 | 66 | | agencies and homemaker-home health aide agencies in the aggregate 38 |
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67 | 67 | | and ensures patient access. Utilization may be a factor in determining 39 |
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68 | 68 | | cost neutrality. The commissioner shall increase the fee schedule for 40 |
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69 | 69 | | home health services provided under the Connecticut home-care 41 |
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70 | 70 | | program for the elderly established under section 17b-342, effective 42 |
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71 | 71 | | July 1, 2000, by two per cent over the fee schedule for home health 43 |
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72 | 72 | | services for the previous year. The commissioner may increase any fee 44 |
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73 | 73 | | payable to a home health care agency or homemaker-home health aide 45 |
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74 | 74 | | agency upon the application of such an agency evidencing 46 |
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75 | 75 | | extraordinary costs related to (1) serving persons with AIDS; (2) high-47 |
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76 | 76 | | risk maternal and child health care; (3) escort services; or (4) extended 48 |
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77 | 77 | | hour services. In no case shall any rate or fee exceed the charge to the 49 |
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78 | 78 | | general public for similar services. The commissioner shall include in 50 Raised Bill No. 895 |
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81 | 81 | | |
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82 | 82 | | LCO No. 4635 3 of 3 |
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83 | 83 | | |
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84 | 84 | | the fee schedule rates to be paid under the medical assistance program 51 |
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85 | 85 | | for behavioral health counseling provided to a medical assistance 52 |
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86 | 86 | | beneficiary in his or her home by a social worker employed by a home 53 |
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87 | 87 | | health care agency who is licensed pursuant to chapter 383b. A home 54 |
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88 | 88 | | health care agency or homemaker-home health aide agency which, due 55 |
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89 | 89 | | to any material change in circumstances, is aggrieved by a rate 56 |
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90 | 90 | | determined pursuant to this subsection may, within ten days of receipt 57 |
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91 | 91 | | of written notice of such rate from the Commissioner of Social Services, 58 |
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92 | 92 | | request in writing a hearing on all items of aggrievement. The 59 |
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93 | 93 | | commissioner shall, upon the receipt of all documentation necessary to 60 |
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94 | 94 | | evaluate the request, determine whether there has been such a change 61 |
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95 | 95 | | in circumstances and shall conduct a hearing if appropriate. The 62 |
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96 | 96 | | Commissioner of Social Services shall adopt regulations, in accordance 63 |
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97 | 97 | | with chapter 54, to implement the provisions of this subsection. The 64 |
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98 | 98 | | commissioner may implement policies and procedures to carry out the 65 |
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99 | 99 | | provisions of this subsection while in the process of adopting 66 |
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100 | 100 | | regulations, provided notice of intent to adopt the regulations is 67 |
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101 | 101 | | [published in the Connecticut Law Journal not later than twenty days 68 |
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102 | 102 | | after the date of] posted on the eRegulations System prior to the date 69 |
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103 | 103 | | of adopting the regulations and implementing the policies and 70 |
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104 | 104 | | procedures. Such policies and procedures shall be valid for not longer 71 |
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105 | 105 | | than nine months. 72 |
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106 | 106 | | This act shall take effect as follows and shall amend the following |
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107 | 107 | | sections: |
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108 | 108 | | |
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109 | 109 | | Section 1 July 1, 2019 17b-242(a) |
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110 | 110 | | |
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111 | 111 | | Statement of Purpose: |
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112 | 112 | | To provide Medicaid coverage for behavioral counseling provided to |
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113 | 113 | | Medicaid beneficiaries in their homes by licensed social workers |
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114 | 114 | | employed by home health care agencies. |
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115 | 115 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, |
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116 | 116 | | except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is |
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117 | 117 | | not underlined.] |
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118 | 118 | | |
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