Connecticut 2019 Regular Session

Connecticut Senate Bill SB00919 Compare Versions

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7+General Assembly Raised Bill No. 919
8+January Session, 2019
9+LCO No. 4096
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11+
12+Referred to Committee on PUBLIC HEALTH
13+
14+
15+Introduced by:
16+(PH)
117
218
319
4-Senate Bill No. 919
5-
6-Public Act No. 19-97
7-
8-
9-AN ACT REMOVING THE TERM "HOMEMAKER" IN REFERENCE
10-TO HOME HEALTH AIDE AGENCIES AND SERVICE S.
20+AN ACT REMOVING THE TER M "HOMEMAKER" IN REF ERENCE TO
21+HOME HEALTH AIDE AGE NCIES AND SERVICES.
1122 Be it enacted by the Senate and House of Representatives in General
1223 Assembly convened:
1324
14-Section 1. Section 17b-242 of the general statutes is repealed and the
15-following is substituted in lieu thereof (Effective July 1, 2019):
16-(a) The Department of Social Services shall determine the rates to be
17-paid to home health care agencies and [homemaker-home] home
18-health aide agencies by the state or any town in the state for persons
19-aided or cared for by the state or any such town. For the period from
20-February 1, 1991, to January 31, 1992, inclusive, payment for each
21-service to the state shall be based upon the rate for such service as
22-determined by the Office of Health Care Access, except that for those
23-providers whose Medicaid rates for the year ending January 31, 1991,
24-exceed the median rate, no increase shall be allowed. For those
25-providers whose rates for the year ending January 31, 1991, are below
26-the median rate, increases shall not exceed the lower of the prior rate
27-increased by the most recent annual increase in the consumer price
28-index for urban consumers or the median rate. In no case shall any
29-such rate exceed the eightieth percentile of rates in effect January 31,
30-1991, nor shall any rate exceed the charge to the general public for
31-similar services. Rates effective February 1, 1992, shall be based upon Senate Bill No. 919
25+Section 1. Section 17b-242 of the general statutes is repealed and the 1
26+following is substituted in lieu thereof (Effective July 1, 2019): 2
27+(a) The Department of Social Services shall determine the rates to be 3
28+paid to home health care agencies and [homemaker-home] home 4
29+health aide agencies by the state or any town in the state for persons 5
30+aided or cared for by the state or any such town. For the period from 6
31+February 1, 1991, to January 31, 1992, inclusive, payment for each 7
32+service to the state shall be based upon the rate for such service as 8
33+determined by the Office of Health Care Access, except that for those 9
34+providers whose Medicaid rates for the year ending January 31, 1991, 10
35+exceed the median rate, no increase shall be allowed. For those 11
36+providers whose rates for the year ending January 31, 1991, are below 12
37+the median rate, increases shall not exceed the lower of the prior rate 13
38+increased by the most recent annual increase in the consumer price 14
39+index for urban consumers or the median rate. In no case shall any 15
40+such rate exceed the eightieth percentile of rates in effect January 31, 16 Raised Bill No. 919
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33-Public Act No. 19-97 2 of 13
3442
35-rates as determined by the Office of Health Care Access, except that
36-increases shall not exceed the prior year's rate increased by the most
37-recent annual increase in the consumer price index for urban
38-consumers and rates effective February 1, 1992, shall remain in effect
39-through June 30, 1993. Rates effective July 1, 1993, shall be based upon
40-rates as determined by the Office of Health Care Access except if the
41-Medicaid rates for any service for the period ending June 30, 1993,
42-exceed the median rate for such service, the increase effective July 1,
43-1993, shall not exceed one per cent. If the Medicaid rate for any service
44-for the period ending June 30, 1993, is below the median rate, the
45-increase effective July 1, 1993, shall not exceed the lower of the prior
46-rate increased by one and one-half times the most recent annual
47-increase in the consumer price index for urban consumers or the
48-median rate plus one per cent. The Commissioner of Social Services
49-shall establish a fee schedule for home health services to be effective on
50-and after July 1, 1994. The commissioner may annually modify such
51-fee schedule if such modification is needed to ensure that the
52-conversion to an administrative services organization is cost neutral to
53-home health care agencies and [homemaker-home] home health aide
54-agencies in the aggregate and ensures patient access. Utilization may
55-be a factor in determining cost neutrality. The commissioner shall
56-increase the fee schedule for home health services provided under the
57-Connecticut home-care program for the elderly established under
58-section 17b-342, effective July 1, 2000, by two per cent over the fee
59-schedule for home health services for the previous year. The
60-commissioner may increase any fee payable to a home health care
61-agency or [homemaker-home] home health aide agency upon the
62-application of such an agency evidencing extraordinary costs related to
63-(1) serving persons with AIDS; (2) high-risk maternal and child health
64-care; (3) escort services; or (4) extended hour services. In no case shall
65-any rate or fee exceed the charge to the general public for similar
66-services. A home health care agency or [homemaker-home] home
67-health aide agency which, due to any material change in Senate Bill No. 919
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47+1991, nor shall any rate exceed the charge to the general public for 17
48+similar services. Rates effective February 1, 1992, shall be based upon 18
49+rates as determined by the Office of Health Care Access, except that 19
50+increases shall not exceed the prior year's rate increased by the most 20
51+recent annual increase in the consumer price index for urban 21
52+consumers and rates effective February 1, 1992, shall remain in effect 22
53+through June 30, 1993. Rates effective July 1, 1993, shall be based upon 23
54+rates as determined by the Office of Health Care Access except if the 24
55+Medicaid rates for any service for the period ending June 30, 1993, 25
56+exceed the median rate for such service, the increase effective July 1, 26
57+1993, shall not exceed one per cent. If the Medicaid rate for any service 27
58+for the period ending June 30, 1993, is below the median rate, the 28
59+increase effective July 1, 1993, shall not exceed the lower of the prior 29
60+rate increased by one and one-half times the most recent annual 30
61+increase in the consumer price index for urban consumers or the 31
62+median rate plus one per cent. The Commissioner of Social Services 32
63+shall establish a fee schedule for home health services to be effective on 33
64+and after July 1, 1994. The commissioner may annually modify such 34
65+fee schedule if such modification is needed to ensure that the 35
66+conversion to an administrative services organization is cost neutral to 36
67+home health care agencies and [homemaker-home] home health aide 37
68+agencies in the aggregate and ensures patient access. Utilization may 38
69+be a factor in determining cost neutrality. The commissioner shall 39
70+increase the fee schedule for home health services provided under the 40
71+Connecticut home-care program for the elderly established under 41
72+section 17b-342, effective July 1, 2000, by two per cent over the fee 42
73+schedule for home health services for the previous year. The 43
74+commissioner may increase any fee payable to a home health care 44
75+agency or [homemaker-home] home health aide agency upon the 45
76+application of such an agency evidencing extraordinary costs related to 46
77+(1) serving persons with AIDS; (2) high-risk maternal and child health 47
78+care; (3) escort services; or (4) extended hour services. In no case shall 48
79+any rate or fee exceed the charge to the general public for similar 49
80+services. A home health care agency or [homemaker-home] home 50
81+health aide agency which, due to any material change in 51 Raised Bill No. 919
7082
71-circumstances, is aggrieved by a rate determined pursuant to this
72-subsection may, within ten days of receipt of written notice of such
73-rate from the Commissioner of Social Services, request in writing a
74-hearing on all items of aggrievement. The commissioner shall, upon
75-the receipt of all documentation necessary to evaluate the request,
76-determine whether there has been such a change in circumstances and
77-shall conduct a hearing if appropriate. The Commissioner of Social
78-Services shall adopt regulations, in accordance with chapter 54, to
79-implement the provisions of this subsection. The commissioner may
80-implement policies and procedures to carry out the provisions of this
81-subsection while in the process of adopting regulations, provided
82-notice of intent to adopt the regulations is published in the Connecticut
83-Law Journal not later than twenty days after the date of implementing
84-the policies and procedures. Such policies and procedures shall be
85-valid for not longer than nine months.
86-(b) The Department of Social Services shall monitor the rates
87-charged by home health care agencies and [homemaker-home] home
88-health aide agencies. Such agencies shall file annual cost reports and
89-service charge information with the department.
90-(c) The home health services fee schedule shall include a fee for the
91-administration of medication, which shall apply when the purpose of a
92-nurse's visit is limited to the administration of medication.
93-Administration of medication may include, but is not limited to, blood
94-pressure checks, glucometer readings, pulse rate checks and similar
95-indicators of health status. The fee for medication administration shall
96-include administration of medications while the nurse is present, the
97-pre-pouring of additional doses that the client will self-administer at a
98-later time and the teaching of self-administration. The department
99-shall not pay for medication administration in addition to any other
100-nursing service at the same visit. The department may establish prior
101-authorization requirements for this service. Before implementing such Senate Bill No. 919
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105-change, the Commissioner of Social Services shall consult with the
106-chairpersons of the joint standing committees of the General Assembly
107-having cognizance of matters relating to public health and human
108-services. The commissioner shall monitor Medicaid home health care
109-savings achieved through the implementation of nurse delegation of
110-medication administration pursuant to section 19a-492e, as amended
111-by this act. If, by January 1, 2016, the commissioner determines that the
112-rate of savings is not adequate to meet the annualized savings
113-assumed in the budget for the biennium ending June 30, 2017, the
114-department may reduce rates for medication administration as
115-necessary to achieve the savings assumed in the budget. Prior to any
116-rate reduction, the department shall report to the joint standing
117-committees of the General Assembly having cognizance of matters
118-relating to appropriations and the budgets of state agencies and
119-human services provider specific cost and utilization trend data for
120-those patients receiving medication administration. Should the
121-department determine it necessary to reduce medication
122-administration rates under this section, it shall examine the possibility
123-of establishing a separate Medicaid supplemental rate or a pay-for-
124-performance program for those providers, as determined by the
125-commissioner, who have established successful nurse delegation
126-programs.
127-(d) The home health services fee schedule established pursuant to
128-subsection (c) of this section shall include rates for psychiatric nurse
129-visits.
130-(e) The Department of Social Services, when processing or auditing
131-claims for reimbursement submitted by home health care agencies and
132-[homemaker-home] home health aide agencies shall, in accordance
133-with the provisions of chapter 15, accept electronic records and records
134-bearing the electronic signature of a licensed physician or licensed
135-practitioner of a healthcare profession that has been submitted to the Senate Bill No. 919
88+circumstances, is aggrieved by a rate determined pursuant to this 52
89+subsection may, within ten days of receipt of written notice of such 53
90+rate from the Commissioner of Social Services, request in writing a 54
91+hearing on all items of aggrievement. The commissioner shall, upon 55
92+the receipt of all documentation necessary to evaluate the request, 56
93+determine whether there has been such a change in circumstances and 57
94+shall conduct a hearing if appropriate. The Commissioner of Social 58
95+Services shall adopt regulations, in accordance with chapter 54, to 59
96+implement the provisions of this subsection. The commissioner may 60
97+implement policies and procedures to carry out the provisions of this 61
98+subsection while in the process of adopting regulations, provided 62
99+notice of intent to adopt the regulations is published in the Connecticut 63
100+Law Journal not later than twenty days after the date of implementing 64
101+the policies and procedures. Such policies and procedures shall be 65
102+valid for not longer than nine months. 66
103+(b) The Department of Social Services shall monitor the rates 67
104+charged by home health care agencies and [homemaker-home] home 68
105+health aide agencies. Such agencies shall file annual cost reports and 69
106+service charge information with the department. 70
107+(c) The home health services fee schedule shall include a fee for the 71
108+administration of medication, which shall apply when the purpose of a 72
109+nurse's visit is limited to the administration of medication. 73
110+Administration of medication may include, but is not limited to, blood 74
111+pressure checks, glucometer readings, pulse rate checks and similar 75
112+indicators of health status. The fee for medication administration shall 76
113+include administration of medications while the nurse is present, the 77
114+pre-pouring of additional doses that the client will self-administer at a 78
115+later time and the teaching of self-administration. The department 79
116+shall not pay for medication administration in addition to any other 80
117+nursing service at the same visit. The department may establish prior 81
118+authorization requirements for this service. Before implementing such 82
119+change, the Commissioner of Social Services shall consult with the 83
120+chairpersons of the joint standing committees of the General Assembly 84 Raised Bill No. 919
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137-Public Act No. 19-97 5 of 13
138122
139-home health care agency or [homemaker home-health] home health
140-aide agency.
141-(f) If the electronic record or signature that has been transmitted to a
142-home health care agency or [homemaker-home] home health aide
143-agency is illegible or the department is unable to determine the
144-validity of such electronic record or signature, the department shall
145-review additional evidence of the accuracy or validity of the record or
146-signature, including, but not limited to, (1) the original of the record or
147-signature, or (2) a written statement, made under penalty of false
148-statement, from (A) the licensed physician or licensed practitioner of a
149-health care profession who signed such record, or (B) if such licensed
150-physician or licensed practitioner of a health care profession is
151-unavailable, the medical director of the agency verifying the accuracy
152-or validity of such record or signature, and the department shall make
153-a determination whether the electronic record or signature is valid.
154-(g) The Department of Social Services, when auditing claims
155-submitted by home health care agencies and [homemaker-home] home
156-health aide agencies, shall consider any signature from a licensed
157-physician or licensed practitioner of a health care profession that may
158-be required on a plan of care for home health services, to have been
159-provided in timely fashion if (1) the document bearing such signature
160-was signed prior to the time when such agency seeks reimbursement
161-from the department for services provided, and (2) verbal or telephone
162-orders from the licensed physician or licensed practitioner of a health
163-care profession were received prior to the commencement of services
164-covered by the plan of care and such orders were subsequently
165-documented. Nothing in this subsection shall be construed as limiting
166-the powers of the Commissioner of Public Health to enforce the
167-provisions of sections 19-13-D73 and 19-13-D74 of the regulations of
168-Connecticut state agencies and 42 CFR 484.18(c).
169-(h) For purposes of this section, "licensed practitioner of a healthcare Senate Bill No. 919
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127+having cognizance of matters relating to public health and human 85
128+services. The commissioner shall monitor Medicaid home health care 86
129+savings achieved through the implementation of nurse delegation of 87
130+medication administration pursuant to section 19a-492e, as amended 88
131+by this act. If, by January 1, 2016, the commissioner determines that the 89
132+rate of savings is not adequate to meet the annualized savings 90
133+assumed in the budget for the biennium ending June 30, 2017, the 91
134+department may reduce rates for medication administration as 92
135+necessary to achieve the savings assumed in the budget. Prior to any 93
136+rate reduction, the department shall report to the joint standing 94
137+committees of the General Assembly having cognizance of matters 95
138+relating to appropriations and the budgets of state agencies and 96
139+human services provider specific cost and utilization trend data for 97
140+those patients receiving medication administration. Should the 98
141+department determine it necessary to reduce medication 99
142+administration rates under this section, it shall examine the possibility 100
143+of establishing a separate Medicaid supplemental rate or a pay-for-101
144+performance program for those providers, as determined by the 102
145+commissioner, who have established successful nurse delegation 103
146+programs. 104
147+(d) The home health services fee schedule established pursuant to 105
148+subsection (c) of this section shall include rates for psychiatric nurse 106
149+visits. 107
150+(e) The Department of Social Services, when processing or auditing 108
151+claims for reimbursement submitted by home health care agencies and 109
152+[homemaker-home] home health aide agencies shall, in accordance 110
153+with the provisions of chapter 15, accept electronic records and records 111
154+bearing the electronic signature of a licensed physician or licensed 112
155+practitioner of a healthcare profession that has been submitted to the 113
156+home health care agency or [homemaker home-health] home health 114
157+aide agency. 115
158+(f) If the electronic record or signature that has been transmitted to a 116
159+home health care agency or [homemaker-home] home health aide 117 Raised Bill No. 919
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173-profession" has the same meaning as "licensed practitioner" in section
174-21a-244a.
175-Sec. 2. Subsection (a) of section 19a-490 of the general statutes is
176-repealed and the following is substituted in lieu thereof (Effective July
177-1, 2019):
178-(a) "Institution" means a hospital, short-term hospital special
179-hospice, hospice inpatient facility, residential care home, nursing home
180-facility, home health care agency, [homemaker-home] home health
181-aide agency, behavioral health facility, assisted living services agency,
182-substance abuse treatment facility, outpatient surgical facility,
183-outpatient clinic, an infirmary operated by an educational institution
184-for the care of students enrolled in, and faculty and employees of, such
185-institution; a facility engaged in providing services for the prevention,
186-diagnosis, treatment or care of human health conditions, including
187-facilities operated and maintained by any state agency; and a
188-residential facility for persons with intellectual disability licensed
189-pursuant to section 17a-227 and certified to participate in the Title XIX
190-Medicaid program as an intermediate care facility for individuals with
191-intellectual disability. "Institution" does not include any facility for the
192-care and treatment of persons with mental illness or substance use
193-disorder operated or maintained by any state agency, except Whiting
194-Forensic Hospital;
195-Sec. 3. Subsections (d) to (f), inclusive, of section 19a-490 of the
196-general statutes are repealed and the following is substituted in lieu
197-thereof (Effective July 1, 2019):
198-(d) "Home health care agency" means a public or private
199-organization, or a subdivision thereof, engaged in providing
200-professional nursing services and the following services, available
201-twenty-four hours per day, in the patient's home or a substantially
202-equivalent environment: [Homemaker-home] Home health aide Senate Bill No. 919
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206-services as defined in this section, physical therapy, speech therapy,
207-occupational therapy or medical social services. The agency shall
208-provide professional nursing services and at least one additional
209-service directly and all others directly or through contract. An agency
210-shall be available to enroll new patients seven days a week, twenty-
211-four hours per day;
212-(e) ["Homemaker-home health aide agency"] "Home health aide
213-agency" means a public or private organization, except a home health
214-care agency, which provides in the patient's home or a substantially
215-equivalent environment supportive services which may include, but
216-are not limited to, assistance with personal hygiene, dressing, feeding
217-and incidental household tasks essential to achieving adequate
218-household and family management. Such supportive services shall be
219-provided under the supervision of a registered nurse and, if such
220-nurse determines appropriate, shall be provided by a social worker,
221-physical therapist, speech therapist or occupational therapist. Such
222-supervision may be provided directly or through contract;
223-(f) ["Homemaker-home health aide services"] "Home health aide
224-services" as defined in this section shall not include services provided
225-to assist individuals with activities of daily living when such
226-individuals have a disease or condition that is chronic and stable as
227-determined by a physician licensed in the state; [of Connecticut;]
228-Sec. 4. Subsection (k) of section 19a-490 of the general statutes is
229-repealed and the following is substituted in lieu thereof (Effective July
230-1, 2019):
231-(k) "Home health agency" means an agency licensed as a home
232-health care agency or a [homemaker-home] home health aide agency;
233-Sec. 5. Section 19a-490g of the general statutes is repealed and the
234-following is substituted in lieu thereof (Effective July 1, 2019): Senate Bill No. 919
166+agency is illegible or the department is unable to determine the 118
167+validity of such electronic record or signature, the department shall 119
168+review additional evidence of the accuracy or validity of the record or 120
169+signature, including, but not limited to, (1) the original of the record or 121
170+signature, or (2) a written statement, made under penalty of false 122
171+statement, from (A) the licensed physician or licensed practitioner of a 123
172+health care profession who signed such record, or (B) if such licensed 124
173+physician or licensed practitioner of a health care profession is 125
174+unavailable, the medical director of the agency verifying the accuracy 126
175+or validity of such record or signature, and the department shall make 127
176+a determination whether the electronic record or signature is valid. 128
177+(g) The Department of Social Services, when auditing claims 129
178+submitted by home health care agencies and [homemaker-home] home 130
179+health aide agencies, shall consider any signature from a licensed 131
180+physician or licensed practitioner of a health care profession that may 132
181+be required on a plan of care for home health services, to have been 133
182+provided in timely fashion if (1) the document bearing such signature 134
183+was signed prior to the time when such agency seeks reimbursement 135
184+from the department for services provided, and (2) verbal or telephone 136
185+orders from the licensed physician or licensed practitioner of a health 137
186+care profession were received prior to the commencement of services 138
187+covered by the plan of care and such orders were subsequently 139
188+documented. Nothing in this subsection shall be construed as limiting 140
189+the powers of the Commissioner of Public Health to enforce the 141
190+provisions of sections 19-13-D73 and 19-13-D74 of the regulations of 142
191+Connecticut state agencies and 42 CFR 484.18(c). 143
192+(h) For purposes of this section, "licensed practitioner of a healthcare 144
193+profession" has the same meaning as "licensed practitioner" in section 145
194+21a-244a. 146
195+Sec. 2. Subsection (a) of section 19a-490 of the general statutes is 147
196+repealed and the following is substituted in lieu thereof (Effective July 148
197+1, 2019): 149 Raised Bill No. 919
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236-Public Act No. 19-97 8 of 13
237199
238-The Department of Public Health shall develop and produce a
239-consumer guide of bilingual information on home health care agencies
240-and [homemaker-home] home health aide agencies.
241-Sec. 6. Subsections (h) and (i) of section 19a-491 of the general
242-statutes are repealed and the following is substituted in lieu thereof
243-(Effective July 1, 2019):
244-(h) The commissioner may require as a condition of the licensure of
245-home health care agencies and [homemaker-home] home health aide
246-agencies that each agency meet minimum service quality standards. In
247-the event the commissioner requires such agencies to meet minimum
248-service quality standards as a condition of their licensure, the
249-commissioner shall adopt regulations, in accordance with the
250-provisions of chapter 54, to define such minimum service quality
251-standards, which shall (1) allow for training of [homemaker-home]
252-home health aides by adult continuing education, (2) require a
253-registered nurse to visit and assess each patient receiving [homemaker-
254-home] home health aide services as often as necessary based on the
255-patient's condition, but not less than once every sixty days, and (3)
256-require the assessment prescribed by subdivision (2) of this subsection
257-to be completed while the [homemaker-home] home health aide is
258-providing services in the patient's home.
259-(i) No person acting individually or jointly with any other person
260-shall establish, conduct, operate or maintain a home health care agency
261-or [homemaker-home] home health aide agency without maintaining
262-professional liability insurance or other indemnity against liability for
263-professional malpractice. The amount of insurance which such person
264-shall maintain as insurance or indemnity against claims for injury or
265-death for professional malpractice shall be not less than one million
266-dollars for one person, per occurrence, with an aggregate of not less
267-than three million dollars. Senate Bill No. 919
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204+(a) "Institution" means a hospital, short-term hospital special 150
205+hospice, hospice inpatient facility, residential care home, nursing home 151
206+facility, home health care agency, [homemaker-home] home health 152
207+aide agency, behavioral health facility, assisted living services agency, 153
208+substance abuse treatment facility, outpatient surgical facility, 154
209+outpatient clinic, an infirmary operated by an educational institution 155
210+for the care of students enrolled in, and faculty and employees of, such 156
211+institution; a facility engaged in providing services for the prevention, 157
212+diagnosis, treatment or care of human health conditions, including 158
213+facilities operated and maintained by any state agency; and a 159
214+residential facility for persons with intellectual disability licensed 160
215+pursuant to section 17a-227 and certified to participate in the Title XIX 161
216+Medicaid program as an intermediate care facility for individuals with 162
217+intellectual disability. "Institution" does not include any facility for the 163
218+care and treatment of persons with mental illness or substance use 164
219+disorder operated or maintained by any state agency, except Whiting 165
220+Forensic Hospital; 166
221+Sec. 3. Subsections (d) to (f), inclusive, of section 19a-490 of the 167
222+general statutes are repealed and the following is substituted in lieu 168
223+thereof (Effective July 1, 2019): 169
224+(d) "Home health care agency" means a public or private 170
225+organization, or a subdivision thereof, engaged in providing 171
226+professional nursing services and the following services, available 172
227+twenty-four hours per day, in the patient's home or a substantially 173
228+equivalent environment: [Homemaker-home] Home health aide 174
229+services as defined in this section, physical therapy, speech therapy, 175
230+occupational therapy or medical social services. The agency shall 176
231+provide professional nursing services and at least one additional 177
232+service directly and all others directly or through contract. An agency 178
233+shall be available to enroll new patients seven days a week, twenty-179
234+four hours per day; 180
235+(e) ["Homemaker-home health aide agency"] "Home health aide 181
236+agency" means a public or private organization, except a home health 182 Raised Bill No. 919
270237
271-Sec. 7. Section 19a-492d of the general statutes is repealed and the
272-following is substituted in lieu thereof (Effective July 1, 2019):
273-On and after October 1, 2007, a nurse who is employed by an agency
274-licensed by the Department of Public Health as a home health care
275-agency or a [homemaker-home] home health aide agency may
276-administer influenza and pneumococcal vaccines to persons in their
277-homes, after an assessment for contraindications, without a physician's
278-order in accordance with a physician-approved agency policy that
279-includes an anaphylaxis protocol. In the event of an adverse reaction to
280-the vaccine, such nurse may also administer epinephrine or other
281-anaphylaxis medication without a physician's order in accordance with
282-the physician-approved agency policy. For purposes of this section,
283-"nurse" means an advanced practice registered nurse, registered nurse
284-or practical nurse licensed under chapter 378.
285-Sec. 8. Section 19a-492e of the general statutes is repealed and the
286-following is substituted in lieu thereof (Effective July 1, 2019):
287-(a) For purposes of this section "home health care agency" has the
288-same meaning as provided in section 19a-490, as amended by this act.
289-Notwithstanding the provisions of chapter 378, a registered nurse may
290-delegate the administration of medications that are not administered
291-by injection to [homemaker-home] home health aides who have
292-obtained certification and recertification every three years thereafter
293-for medication administration in accordance with regulations adopted
294-pursuant to subsection (b) of this section, unless the prescribing
295-practitioner specifies that a medication shall only be administered by a
296-licensed nurse. Any [homemaker-home] home health aide who
297-obtained certification in the administration of medications on or before
298-June 30, 2015, shall obtain recertification on or before July 1, 2018.
299-(b) (1) The Commissioner of Public Health shall adopt regulations,
300-in accordance with the provisions of chapter 54, to carry out the Senate Bill No. 919
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304-provisions of this section. Such regulations shall require each home
305-health care agency that serves clients requiring assistance with
306-medication administration to (A) adopt practices that increase and
307-encourage client choice, dignity and independence; (B) establish
308-policies and procedures to ensure that a registered nurse may delegate
309-allowed tasks of nursing care, to include medication administration, to
310-[homemaker-home] home health aides when the registered nurse
311-determines that it is in the best interest of the client and the
312-[homemaker-home] home health aide has been deemed competent to
313-perform the task; (C) designate [homemaker-home] home health aides
314-to obtain certification and recertification for the administration of
315-medication; and (D) ensure that such [homemaker-home] home health
316-aides receive such certification and recertification.
317-(2) The regulations shall establish certification and recertification
318-requirements for medication administration and the criteria to be used
319-by home health care agencies that provide services for clients requiring
320-assistance with medication administration in determining (A) which
321-[homemaker-home] home health aides shall obtain such certification
322-and recertification, and (B) education and skill training requirements,
323-including ongoing training requirements for such certification and
324-recertification.
325-(3) Education and skill training requirements for initial certification
326-and recertification shall include, but not be limited to, initial
327-orientation, training in client rights and identification of the types of
328-medication that may be administered by unlicensed personnel,
329-behavioral management, personal care, nutrition and food safety, and
330-health and safety in general.
331-(c) Each home health care agency shall ensure that, on or before
332-January 1, 2013, delegation of nursing care tasks in the home care
333-setting is allowed within such agency and that policies are adopted to
334-employ [homemaker-home] home health aides for the purposes of Senate Bill No. 919
243+care agency, which provides in the patient's home or a substantially 183
244+equivalent environment supportive services which may include, but 184
245+are not limited to, assistance with personal hygiene, dressing, feeding 185
246+and incidental household tasks essential to achieving adequate 186
247+household and family management. Such supportive services shall be 187
248+provided under the supervision of a registered nurse and, if such 188
249+nurse determines appropriate, shall be provided by a social worker, 189
250+physical therapist, speech therapist or occupational therapist. Such 190
251+supervision may be provided directly or through contract; 191
252+(f) ["Homemaker-home health aide services"] "Home health aide 192
253+services" as defined in this section shall not include services provided 193
254+to assist individuals with activities of daily living when such 194
255+individuals have a disease or condition that is chronic and stable as 195
256+determined by a physician licensed in the state; [of Connecticut;] 196
257+Sec. 4. Subsection (k) of section 19a-490 of the general statutes is 197
258+repealed and the following is substituted in lieu thereof (Effective July 198
259+1, 2019): 199
260+(k) "Home health agency" means an agency licensed as a home 200
261+health care agency or a [homemaker-home] home health aide agency; 201
262+Sec. 5. Section 19a-490g of the general statutes is repealed and the 202
263+following is substituted in lieu thereof (Effective July 1, 2019): 203
264+The Department of Public Health shall develop and produce a 204
265+consumer guide of bilingual information on home health care agencies 205
266+and [homemaker-home] home health aide agencies. 206
267+Sec. 6. Subsections (h) and (i) of section 19a-491 of the general 207
268+statutes are repealed and the following is substituted in lieu thereof 208
269+(Effective July 1, 2019): 209
270+(h) The commissioner may require as a condition of the licensure of 210
271+home health care agencies and [homemaker-home] home health aide 211
272+agencies that each agency meet minimum service quality standards. In 212 Raised Bill No. 919
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338-allowing nurses to delegate such tasks.
339-(d) A registered nurse licensed pursuant to the provisions of chapter
340-378 who delegates the task of medication administration to a
341-[homemaker-home] home health aide pursuant to this section shall not
342-be subject to disciplinary action based on the performance of the
343-[homemaker-home] home health aide to whom tasks are delegated,
344-unless the [homemaker-home] home health aide is acting pursuant to
345-specific instructions from the registered nurse or the registered nurse
346-fails to leave instructions when the nurse should have done so,
347-provided the registered nurse: (1) Documented in the patient's care
348-plan that the medication administration could be properly and safely
349-performed by the [homemaker-home] home health aide to whom it is
350-delegated, (2) provided initial direction to the [homemaker-home]
351-home health aide, and (3) provided ongoing supervision of the
352-[homemaker-home] home health aide, including the periodic
353-assessment and evaluation of the patient's health and safety related to
354-medication administration.
355-(e) A registered nurse who delegates the provision of nursing care
356-to another person pursuant to this section shall not be subject to an
357-action for civil damages for the performance of the person to whom
358-nursing care is delegated unless the person is acting pursuant to
359-specific instructions from the nurse or the nurse fails to leave
360-instructions when the nurse should have done so.
361-(f) No person may coerce a registered nurse into compromising
362-patient safety by requiring the nurse to delegate the administration of
363-medication if the nurse's assessment of the patient documents a need
364-for a nurse to administer medication and identifies why the need
365-cannot be safely met through utilization of assistive technology or
366-administration of medication by certified [homemaker-home] home
367-health aides. No registered nurse who has made a reasonable
368-determination based on such assessment that delegation may Senate Bill No. 919
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279+the event the commissioner requires such agencies to meet minimum 213
280+service quality standards as a condition of their licensure, the 214
281+commissioner shall adopt regulations, in accordance with the 215
282+provisions of chapter 54, to define such minimum service quality 216
283+standards, which shall (1) allow for training of [homemaker-home] 217
284+home health aides by adult continuing education, (2) require a 218
285+registered nurse to visit and assess each patient receiving [homemaker-219
286+home] home health aide services as often as necessary based on the 220
287+patient's condition, but not less than once every sixty days, and (3) 221
288+require the assessment prescribed by subdivision (2) of this subsection 222
289+to be completed while the [homemaker-home] home health aide is 223
290+providing services in the patient's home. 224
291+(i) No person acting individually or jointly with any other person 225
292+shall establish, conduct, operate or maintain a home health care agency 226
293+or [homemaker-home] home health aide agency without maintaining 227
294+professional liability insurance or other indemnity against liability for 228
295+professional malpractice. The amount of insurance which such person 229
296+shall maintain as insurance or indemnity against claims for injury or 230
297+death for professional malpractice shall be not less than one million 231
298+dollars for one person, per occurrence, with an aggregate of not less 232
299+than three million dollars. 233
300+Sec. 7. Section 19a-492d of the general statutes is repealed and the 234
301+following is substituted in lieu thereof (Effective July 1, 2019): 235
302+On and after October 1, 2007, a nurse who is employed by an agency 236
303+licensed by the Department of Public Health as a home health care 237
304+agency or a [homemaker-home] home health aide agency may 238
305+administer influenza and pneumococcal vaccines to persons in their 239
306+homes, after an assessment for contraindications, without a physician's 240
307+order in accordance with a physician-approved agency policy that 241
308+includes an anaphylaxis protocol. In the event of an adverse reaction to 242
309+the vaccine, such nurse may also administer epinephrine or other 243
310+anaphylaxis medication without a physician's order in accordance with 244
311+the physician-approved agency policy. For purposes of this section, 245 Raised Bill No. 919
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372-compromise patient safety shall be subject to any employer reprisal or
373-disciplinary action pursuant to chapter 378 for refusing to delegate or
374-refusing to provide the required training for such delegation. The
375-Department of Social Services, in consultation with the Department of
376-Public Health and home health care agencies, shall develop protocols
377-for documentation pursuant to the requirements of this subsection.
378-The Department of Social Services shall notify all licensed home health
379-care agencies of such protocols prior to the implementation of this
380-section.
381-(g) The Commissioner of Public Health may implement policies and
382-procedures necessary to administer the provisions of this section while
383-in the process of adopting such policies and procedures as regulations,
384-provided notice of intent to adopt regulations is published in the
385-Connecticut Law Journal not later than twenty days after the date of
386-implementation. Policies and procedures implemented pursuant to
387-this section shall be valid until the time final regulations are adopted.
388-Sec. 9. Subsection (a) of section 19a-495 of the general statutes is
389-repealed and the following is substituted in lieu thereof (Effective July
390-1, 2019):
391-(a) The Department of Public Health shall, after consultation with
392-the appropriate public and voluntary hospital planning agencies,
393-establish classifications of institutions. The department shall, in the
394-Public Health Code, adopt, amend, promulgate and enforce such
395-regulations based upon reasonable standards of health, safety and
396-comfort of patients and demonstrable need for such institutions, with
397-respect to each classification of institutions to be licensed under
398-sections 19a-490 to 19a-503, inclusive, as amended by this act,
399-including their special facilities, as will further the accomplishment of
400-the purposes of said sections in promoting safe, humane and adequate
401-care and treatment of individuals in institutions. The department shall
402-adopt such regulations, in accordance with chapter 54, concerning Senate Bill No. 919
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406-home health care agencies and [homemaker-home] home health aide
407-agencies.
408-Sec. 10. Subdivision (2) of subsection (a) of section 19a-905 of the
409-general statutes is repealed and the following is substituted in lieu
410-thereof (Effective July 1, 2019):
411-(2) "Health care facility or institution" means a hospital, nursing
412-home, rest home, home health care agency, [homemaker-home] home
413-health aide agency, emergency medical services organization, assisted
414-living services agency, outpatient surgical facility and an infirmary
415-operated by an educational institution for the care of students enrolled
416-in, and faculty and employees of, such institution.
417-Sec. 11. Subdivision (7) of section 20-670 of the general statutes is
418-repealed and the following is substituted in lieu thereof (Effective July
419-1, 2019):
420-(7) "Homemaker-companion agency" means (A) any public or
421-private organization that employs one or more persons and is engaged
422-in the business of providing companion services or homemaker
423-services, or (B) any registry. "Homemaker-companion agency" shall
424-not include a home health care agency, as defined in subsection (d) of
425-section 19a-490, as amended by this act, or a [homemaker-home] home
426-health aide agency, as defined in subsection (e) of section 19a-490.
318+"nurse" means an advanced practice registered nurse, registered nurse 246
319+or practical nurse licensed under chapter 378. 247
320+Sec. 8. Section 19a-492e of the general statutes is repealed and the 248
321+following is substituted in lieu thereof (Effective July 1, 2019): 249
322+(a) For purposes of this section "home health care agency" has the 250
323+same meaning as provided in section 19a-490, as amended by this act. 251
324+Notwithstanding the provisions of chapter 378, a registered nurse may 252
325+delegate the administration of medications that are not administered 253
326+by injection to [homemaker-home] home health aides who have 254
327+obtained certification and recertification every three years thereafter 255
328+for medication administration in accordance with regulations adopted 256
329+pursuant to subsection (b) of this section, unless the prescribing 257
330+practitioner specifies that a medication shall only be administered by a 258
331+licensed nurse. Any [homemaker-home] home health aide who 259
332+obtained certification in the administration of medications on or before 260
333+June 30, 2015, shall obtain recertification on or before July 1, 2018. 261
334+(b) (1) The Commissioner of Public Health shall adopt regulations, 262
335+in accordance with the provisions of chapter 54, to carry out the 263
336+provisions of this section. Such regulations shall require each home 264
337+health care agency that serves clients requiring assistance with 265
338+medication administration to (A) adopt practices that increase and 266
339+encourage client choice, dignity and independence; (B) establish 267
340+policies and procedures to ensure that a registered nurse may delegate 268
341+allowed tasks of nursing care, to include medication administration, to 269
342+[homemaker-home] home health aides when the registered nurse 270
343+determines that it is in the best interest of the client and the 271
344+[homemaker-home] home health aide has been deemed competent to 272
345+perform the task; (C) designate [homemaker-home] home health aides 273
346+to obtain certification and recertification for the administration of 274
347+medication; and (D) ensure that such [homemaker-home] home health 275
348+aides receive such certification and recertification. 276
349+(2) The regulations shall establish certification and recertification 277 Raised Bill No. 919
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356+requirements for medication administration and the criteria to be used 278
357+by home health care agencies that provide services for clients requiring 279
358+assistance with medication administration in determining (A) which 280
359+[homemaker-home] home health aides shall obtain such certification 281
360+and recertification, and (B) education and skill training requirements, 282
361+including ongoing training requirements for such certification and 283
362+recertification. 284
363+(3) Education and skill training requirements for initial certification 285
364+and recertification shall include, but not be limited to, initial 286
365+orientation, training in client rights and identification of the types of 287
366+medication that may be administered by unlicensed personnel, 288
367+behavioral management, personal care, nutrition and food safety, and 289
368+health and safety in general. 290
369+(c) Each home health care agency shall ensure that, on or before 291
370+January 1, 2013, delegation of nursing care tasks in the home care 292
371+setting is allowed within such agency and that policies are adopted to 293
372+employ [homemaker-home] home health aides for the purposes of 294
373+allowing nurses to delegate such tasks. 295
374+(d) A registered nurse licensed pursuant to the provisions of chapter 296
375+378 who delegates the task of medication administration to a 297
376+[homemaker-home] home health aide pursuant to this section shall not 298
377+be subject to disciplinary action based on the performance of the 299
378+[homemaker-home] home health aide to whom tasks are delegated, 300
379+unless the [homemaker-home] home health aide is acting pursuant to 301
380+specific instructions from the registered nurse or the registered nurse 302
381+fails to leave instructions when the nurse should have done so, 303
382+provided the registered nurse: (1) Documented in the patient's care 304
383+plan that the medication administration could be properly and safely 305
384+performed by the [homemaker-home] home health aide to whom it is 306
385+delegated, (2) provided initial direction to the [homemaker-home] 307
386+home health aide, and (3) provided ongoing supervision of the 308
387+[homemaker-home] home health aide, including the periodic 309
388+assessment and evaluation of the patient's health and safety related to 310 Raised Bill No. 919
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395+medication administration. 311
396+(e) A registered nurse who delegates the provision of nursing care 312
397+to another person pursuant to this section shall not be subject to an 313
398+action for civil damages for the performance of the person to whom 314
399+nursing care is delegated unless the person is acting pursuant to 315
400+specific instructions from the nurse or the nurse fails to leave 316
401+instructions when the nurse should have done so. 317
402+(f) No person may coerce a registered nurse into compromising 318
403+patient safety by requiring the nurse to delegate the administration of 319
404+medication if the nurse's assessment of the patient documents a need 320
405+for a nurse to administer medication and identifies why the need 321
406+cannot be safely met through utilization of assistive technology or 322
407+administration of medication by certified [homemaker-home] home 323
408+health aides. No registered nurse who has made a reasonable 324
409+determination based on such assessment that delegation may 325
410+compromise patient safety shall be subject to any employer reprisal or 326
411+disciplinary action pursuant to chapter 378 for refusing to delegate or 327
412+refusing to provide the required training for such delegation. The 328
413+Department of Social Services, in consultation with the Department of 329
414+Public Health and home health care agencies, shall develop protocols 330
415+for documentation pursuant to the requirements of this subsection. 331
416+The Department of Social Services shall notify all licensed home health 332
417+care agencies of such protocols prior to the implementation of this 333
418+section. 334
419+(g) The Commissioner of Public Health may implement policies and 335
420+procedures necessary to administer the provisions of this section while 336
421+in the process of adopting such policies and procedures as regulations, 337
422+provided notice of intent to adopt regulations is published in the 338
423+Connecticut Law Journal not later than twenty days after the date of 339
424+implementation. Policies and procedures implemented pursuant to 340
425+this section shall be valid until the time final regulations are adopted. 341
426+Sec. 9. Subsection (a) of section 19a-495 of the general statutes is 342 Raised Bill No. 919
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433+repealed and the following is substituted in lieu thereof (Effective July 343
434+1, 2019): 344
435+(a) The Department of Public Health shall, after consultation with 345
436+the appropriate public and voluntary hospital planning agencies, 346
437+establish classifications of institutions. The department shall, in the 347
438+Public Health Code, adopt, amend, promulgate and enforce such 348
439+regulations based upon reasonable standards of health, safety and 349
440+comfort of patients and demonstrable need for such institutions, with 350
441+respect to each classification of institutions to be licensed under 351
442+sections 19a-490 to 19a-503, inclusive, as amended by this act, 352
443+including their special facilities, as will further the accomplishment of 353
444+the purposes of said sections in promoting safe, humane and adequate 354
445+care and treatment of individuals in institutions. The department shall 355
446+adopt such regulations, in accordance with chapter 54, concerning 356
447+home health care agencies and [homemaker-home] home health aide 357
448+agencies. 358
449+Sec. 10. Subdivision (2) of subsection (a) of section 19a-905 of the 359
450+general statutes is repealed and the following is substituted in lieu 360
451+thereof (Effective July 1, 2019): 361
452+(2) "Health care facility or institution" means a hospital, nursing 362
453+home, rest home, home health care agency, [homemaker-home] home 363
454+health aide agency, emergency medical services organization, assisted 364
455+living services agency, outpatient surgical facility and an infirmary 365
456+operated by an educational institution for the care of students enrolled 366
457+in, and faculty and employees of, such institution. 367
458+Sec. 11. Subdivision (7) of section 20-670 of the general statutes is 368
459+repealed and the following is substituted in lieu thereof (Effective July 369
460+1, 2019): 370
461+(7) "Homemaker-companion agency" means (A) any public or 371
462+private organization that employs one or more persons and is engaged 372
463+in the business of providing companion services or homemaker 373 Raised Bill No. 919
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470+services, or (B) any registry. "Homemaker-companion agency" shall 374
471+not include a home health care agency, as defined in subsection (d) of 375
472+section 19a-490, as amended by this act, or a [homemaker-home] home 376
473+health aide agency, as defined in subsection (e) of section 19a-490. 377
474+This act shall take effect as follows and shall amend the following
475+sections:
476+
477+Section 1 July 1, 2019 17b-242
478+Sec. 2 July 1, 2019 19a-490(a)
479+Sec. 3 July 1, 2019 19a-490(d) to (f)
480+Sec. 4 July 1, 2019 19a-490(k)
481+Sec. 5 July 1, 2019 19a-490g
482+Sec. 6 July 1, 2019 19a-491(h) and (i)
483+Sec. 7 July 1, 2019 19a-492d
484+Sec. 8 July 1, 2019 19a-492e
485+Sec. 9 July 1, 2019 19a-495(a)
486+Sec. 10 July 1, 2019 19a-905(a)(2)
487+Sec. 11 July 1, 2019 20-670(7)
488+
489+PH Joint Favorable
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