14 | | - | Section 1. Section 17b-242 of the general statutes is repealed and the |
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15 | | - | following is substituted in lieu thereof (Effective July 1, 2019): |
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16 | | - | (a) The Department of Social Services shall determine the rates to be |
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17 | | - | paid to home health care agencies and [homemaker-home] home |
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18 | | - | health aide agencies by the state or any town in the state for persons |
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19 | | - | aided or cared for by the state or any such town. For the period from |
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20 | | - | February 1, 1991, to January 31, 1992, inclusive, payment for each |
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21 | | - | service to the state shall be based upon the rate for such service as |
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22 | | - | determined by the Office of Health Care Access, except that for those |
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23 | | - | providers whose Medicaid rates for the year ending January 31, 1991, |
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24 | | - | exceed the median rate, no increase shall be allowed. For those |
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25 | | - | providers whose rates for the year ending January 31, 1991, are below |
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26 | | - | the median rate, increases shall not exceed the lower of the prior rate |
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27 | | - | increased by the most recent annual increase in the consumer price |
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28 | | - | index for urban consumers or the median rate. In no case shall any |
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29 | | - | such rate exceed the eightieth percentile of rates in effect January 31, |
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30 | | - | 1991, nor shall any rate exceed the charge to the general public for |
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31 | | - | similar services. Rates effective February 1, 1992, shall be based upon Senate Bill No. 919 |
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| 25 | + | Section 1. Section 17b-242 of the general statutes is repealed and the 1 |
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| 26 | + | following is substituted in lieu thereof (Effective July 1, 2019): 2 |
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| 27 | + | (a) The Department of Social Services shall determine the rates to be 3 |
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| 28 | + | paid to home health care agencies and [homemaker-home] home 4 |
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| 29 | + | health aide agencies by the state or any town in the state for persons 5 |
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| 30 | + | aided or cared for by the state or any such town. For the period from 6 |
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| 31 | + | February 1, 1991, to January 31, 1992, inclusive, payment for each 7 |
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| 32 | + | service to the state shall be based upon the rate for such service as 8 |
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| 33 | + | determined by the Office of Health Care Access, except that for those 9 |
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| 34 | + | providers whose Medicaid rates for the year ending January 31, 1991, 10 |
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| 35 | + | exceed the median rate, no increase shall be allowed. For those 11 |
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| 36 | + | providers whose rates for the year ending January 31, 1991, are below 12 |
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| 37 | + | the median rate, increases shall not exceed the lower of the prior rate 13 |
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| 38 | + | increased by the most recent annual increase in the consumer price 14 |
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| 39 | + | index for urban consumers or the median rate. In no case shall any 15 |
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| 40 | + | such rate exceed the eightieth percentile of rates in effect January 31, 16 Raised Bill No. 919 |
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35 | | - | rates as determined by the Office of Health Care Access, except that |
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36 | | - | increases shall not exceed the prior year's rate increased by the most |
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37 | | - | recent annual increase in the consumer price index for urban |
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38 | | - | consumers and rates effective February 1, 1992, shall remain in effect |
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39 | | - | through June 30, 1993. Rates effective July 1, 1993, shall be based upon |
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40 | | - | rates as determined by the Office of Health Care Access except if the |
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41 | | - | Medicaid rates for any service for the period ending June 30, 1993, |
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42 | | - | exceed the median rate for such service, the increase effective July 1, |
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43 | | - | 1993, shall not exceed one per cent. If the Medicaid rate for any service |
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44 | | - | for the period ending June 30, 1993, is below the median rate, the |
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45 | | - | increase effective July 1, 1993, shall not exceed the lower of the prior |
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46 | | - | rate increased by one and one-half times the most recent annual |
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47 | | - | increase in the consumer price index for urban consumers or the |
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48 | | - | median rate plus one per cent. The Commissioner of Social Services |
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49 | | - | shall establish a fee schedule for home health services to be effective on |
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50 | | - | and after July 1, 1994. The commissioner may annually modify such |
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51 | | - | fee schedule if such modification is needed to ensure that the |
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52 | | - | conversion to an administrative services organization is cost neutral to |
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53 | | - | home health care agencies and [homemaker-home] home health aide |
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54 | | - | agencies in the aggregate and ensures patient access. Utilization may |
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55 | | - | be a factor in determining cost neutrality. The commissioner shall |
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56 | | - | increase the fee schedule for home health services provided under the |
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57 | | - | Connecticut home-care program for the elderly established under |
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58 | | - | section 17b-342, effective July 1, 2000, by two per cent over the fee |
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59 | | - | schedule for home health services for the previous year. The |
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60 | | - | commissioner may increase any fee payable to a home health care |
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61 | | - | agency or [homemaker-home] home health aide agency upon the |
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62 | | - | application of such an agency evidencing extraordinary costs related to |
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63 | | - | (1) serving persons with AIDS; (2) high-risk maternal and child health |
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64 | | - | care; (3) escort services; or (4) extended hour services. In no case shall |
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65 | | - | any rate or fee exceed the charge to the general public for similar |
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66 | | - | services. A home health care agency or [homemaker-home] home |
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67 | | - | health aide agency which, due to any material change in Senate Bill No. 919 |
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| 43 | + | LCO 4096 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00919- |
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| 44 | + | R01-SB.docx } |
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| 45 | + | 2 of 13 |
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69 | | - | Public Act No. 19-97 3 of 13 |
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| 47 | + | 1991, nor shall any rate exceed the charge to the general public for 17 |
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| 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 |
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| 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 |
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| 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 |
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| 60 | + | rate increased by one and one-half times the most recent annual 30 |
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| 61 | + | increase in the consumer price index for urban consumers or the 31 |
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| 62 | + | median rate plus one per cent. The Commissioner of Social Services 32 |
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| 63 | + | shall establish a fee schedule for home health services to be effective on 33 |
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| 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 |
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| 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 |
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| 70 | + | increase the fee schedule for home health services provided under the 40 |
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| 71 | + | Connecticut home-care program for the elderly established under 41 |
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| 72 | + | section 17b-342, effective July 1, 2000, by two per cent over the fee 42 |
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| 73 | + | schedule for home health services for the previous year. The 43 |
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| 74 | + | commissioner may increase any fee payable to a home health care 44 |
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| 75 | + | agency or [homemaker-home] home health aide agency upon the 45 |
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| 76 | + | application of such an agency evidencing extraordinary costs related to 46 |
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| 77 | + | (1) serving persons with AIDS; (2) high-risk maternal and child health 47 |
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| 78 | + | care; (3) escort services; or (4) extended hour services. In no case shall 48 |
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| 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 |
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| 81 | + | health aide agency which, due to any material change in 51 Raised Bill No. 919 |
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105 | | - | change, the Commissioner of Social Services shall consult with the |
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106 | | - | chairpersons of the joint standing committees of the General Assembly |
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107 | | - | having cognizance of matters relating to public health and human |
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108 | | - | services. The commissioner shall monitor Medicaid home health care |
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109 | | - | savings achieved through the implementation of nurse delegation of |
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110 | | - | medication administration pursuant to section 19a-492e, as amended |
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111 | | - | by this act. If, by January 1, 2016, the commissioner determines that the |
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112 | | - | rate of savings is not adequate to meet the annualized savings |
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113 | | - | assumed in the budget for the biennium ending June 30, 2017, the |
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114 | | - | department may reduce rates for medication administration as |
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115 | | - | necessary to achieve the savings assumed in the budget. Prior to any |
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116 | | - | rate reduction, the department shall report to the joint standing |
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117 | | - | committees of the General Assembly having cognizance of matters |
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118 | | - | relating to appropriations and the budgets of state agencies and |
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119 | | - | human services provider specific cost and utilization trend data for |
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120 | | - | those patients receiving medication administration. Should the |
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121 | | - | department determine it necessary to reduce medication |
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122 | | - | administration rates under this section, it shall examine the possibility |
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123 | | - | of establishing a separate Medicaid supplemental rate or a pay-for- |
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124 | | - | performance program for those providers, as determined by the |
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125 | | - | commissioner, who have established successful nurse delegation |
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126 | | - | programs. |
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127 | | - | (d) The home health services fee schedule established pursuant to |
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128 | | - | subsection (c) of this section shall include rates for psychiatric nurse |
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129 | | - | visits. |
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130 | | - | (e) The Department of Social Services, when processing or auditing |
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131 | | - | claims for reimbursement submitted by home health care agencies and |
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132 | | - | [homemaker-home] home health aide agencies shall, in accordance |
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133 | | - | with the provisions of chapter 15, accept electronic records and records |
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134 | | - | bearing the electronic signature of a licensed physician or licensed |
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135 | | - | practitioner of a healthcare profession that has been submitted to the Senate Bill No. 919 |
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| 88 | + | circumstances, is aggrieved by a rate determined pursuant to this 52 |
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| 89 | + | subsection may, within ten days of receipt of written notice of such 53 |
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| 90 | + | rate from the Commissioner of Social Services, request in writing a 54 |
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| 91 | + | hearing on all items of aggrievement. The commissioner shall, upon 55 |
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| 92 | + | the receipt of all documentation necessary to evaluate the request, 56 |
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| 93 | + | determine whether there has been such a change in circumstances and 57 |
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| 94 | + | shall conduct a hearing if appropriate. The Commissioner of Social 58 |
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| 95 | + | Services shall adopt regulations, in accordance with chapter 54, to 59 |
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| 96 | + | implement the provisions of this subsection. The commissioner may 60 |
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| 97 | + | implement policies and procedures to carry out the provisions of this 61 |
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| 98 | + | subsection while in the process of adopting regulations, provided 62 |
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| 99 | + | notice of intent to adopt the regulations is published in the Connecticut 63 |
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| 100 | + | Law Journal not later than twenty days after the date of implementing 64 |
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| 101 | + | the policies and procedures. Such policies and procedures shall be 65 |
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| 102 | + | valid for not longer than nine months. 66 |
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| 103 | + | (b) The Department of Social Services shall monitor the rates 67 |
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| 104 | + | charged by home health care agencies and [homemaker-home] home 68 |
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| 105 | + | health aide agencies. Such agencies shall file annual cost reports and 69 |
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| 106 | + | service charge information with the department. 70 |
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| 107 | + | (c) The home health services fee schedule shall include a fee for the 71 |
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| 108 | + | administration of medication, which shall apply when the purpose of a 72 |
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| 109 | + | nurse's visit is limited to the administration of medication. 73 |
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| 110 | + | Administration of medication may include, but is not limited to, blood 74 |
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| 111 | + | pressure checks, glucometer readings, pulse rate checks and similar 75 |
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| 112 | + | indicators of health status. The fee for medication administration shall 76 |
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| 113 | + | include administration of medications while the nurse is present, the 77 |
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| 114 | + | pre-pouring of additional doses that the client will self-administer at a 78 |
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| 115 | + | later time and the teaching of self-administration. The department 79 |
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| 116 | + | shall not pay for medication administration in addition to any other 80 |
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| 117 | + | nursing service at the same visit. The department may establish prior 81 |
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| 118 | + | authorization requirements for this service. Before implementing such 82 |
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| 119 | + | change, the Commissioner of Social Services shall consult with the 83 |
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| 120 | + | chairpersons of the joint standing committees of the General Assembly 84 Raised Bill No. 919 |
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206 | | - | services as defined in this section, physical therapy, speech therapy, |
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207 | | - | occupational therapy or medical social services. The agency shall |
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208 | | - | provide professional nursing services and at least one additional |
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209 | | - | service directly and all others directly or through contract. An agency |
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210 | | - | shall be available to enroll new patients seven days a week, twenty- |
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211 | | - | four hours per day; |
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212 | | - | (e) ["Homemaker-home health aide agency"] "Home health aide |
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213 | | - | agency" means a public or private organization, except a home health |
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214 | | - | care agency, which provides in the patient's home or a substantially |
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215 | | - | equivalent environment supportive services which may include, but |
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216 | | - | are not limited to, assistance with personal hygiene, dressing, feeding |
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217 | | - | and incidental household tasks essential to achieving adequate |
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218 | | - | household and family management. Such supportive services shall be |
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219 | | - | provided under the supervision of a registered nurse and, if such |
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220 | | - | nurse determines appropriate, shall be provided by a social worker, |
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221 | | - | physical therapist, speech therapist or occupational therapist. Such |
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222 | | - | supervision may be provided directly or through contract; |
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223 | | - | (f) ["Homemaker-home health aide services"] "Home health aide |
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224 | | - | services" as defined in this section shall not include services provided |
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225 | | - | to assist individuals with activities of daily living when such |
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226 | | - | individuals have a disease or condition that is chronic and stable as |
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227 | | - | determined by a physician licensed in the state; [of Connecticut;] |
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228 | | - | Sec. 4. Subsection (k) of section 19a-490 of the general statutes is |
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229 | | - | repealed and the following is substituted in lieu thereof (Effective July |
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230 | | - | 1, 2019): |
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231 | | - | (k) "Home health agency" means an agency licensed as a home |
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232 | | - | health care agency or a [homemaker-home] home health aide agency; |
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233 | | - | Sec. 5. Section 19a-490g of the general statutes is repealed and the |
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234 | | - | following is substituted in lieu thereof (Effective July 1, 2019): Senate Bill No. 919 |
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| 166 | + | agency is illegible or the department is unable to determine the 118 |
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| 167 | + | validity of such electronic record or signature, the department shall 119 |
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| 168 | + | review additional evidence of the accuracy or validity of the record or 120 |
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| 169 | + | signature, including, but not limited to, (1) the original of the record or 121 |
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| 170 | + | signature, or (2) a written statement, made under penalty of false 122 |
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| 171 | + | statement, from (A) the licensed physician or licensed practitioner of a 123 |
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| 172 | + | health care profession who signed such record, or (B) if such licensed 124 |
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| 173 | + | physician or licensed practitioner of a health care profession is 125 |
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| 174 | + | unavailable, the medical director of the agency verifying the accuracy 126 |
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| 175 | + | or validity of such record or signature, and the department shall make 127 |
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| 176 | + | a determination whether the electronic record or signature is valid. 128 |
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| 177 | + | (g) The Department of Social Services, when auditing claims 129 |
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| 178 | + | submitted by home health care agencies and [homemaker-home] home 130 |
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| 179 | + | health aide agencies, shall consider any signature from a licensed 131 |
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| 180 | + | physician or licensed practitioner of a health care profession that may 132 |
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| 181 | + | be required on a plan of care for home health services, to have been 133 |
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| 182 | + | provided in timely fashion if (1) the document bearing such signature 134 |
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| 183 | + | was signed prior to the time when such agency seeks reimbursement 135 |
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| 184 | + | from the department for services provided, and (2) verbal or telephone 136 |
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| 185 | + | orders from the licensed physician or licensed practitioner of a health 137 |
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| 186 | + | care profession were received prior to the commencement of services 138 |
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| 187 | + | covered by the plan of care and such orders were subsequently 139 |
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| 188 | + | documented. Nothing in this subsection shall be construed as limiting 140 |
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| 189 | + | the powers of the Commissioner of Public Health to enforce the 141 |
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| 190 | + | provisions of sections 19-13-D73 and 19-13-D74 of the regulations of 142 |
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| 191 | + | Connecticut state agencies and 42 CFR 484.18(c). 143 |
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| 192 | + | (h) For purposes of this section, "licensed practitioner of a healthcare 144 |
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| 193 | + | profession" has the same meaning as "licensed practitioner" in section 145 |
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| 194 | + | 21a-244a. 146 |
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| 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 |
---|
269 | | - | Public Act No. 19-97 9 of 13 |
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| 204 | + | (a) "Institution" means a hospital, short-term hospital special 150 |
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| 205 | + | hospice, hospice inpatient facility, residential care home, nursing home 151 |
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| 206 | + | facility, home health care agency, [homemaker-home] home health 152 |
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| 207 | + | aide agency, behavioral health facility, assisted living services agency, 153 |
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| 208 | + | substance abuse treatment facility, outpatient surgical facility, 154 |
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| 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 |
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| 212 | + | diagnosis, treatment or care of human health conditions, including 158 |
---|
| 213 | + | facilities operated and maintained by any state agency; and a 159 |
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| 214 | + | residential facility for persons with intellectual disability licensed 160 |
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| 215 | + | pursuant to section 17a-227 and certified to participate in the Title XIX 161 |
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| 216 | + | Medicaid program as an intermediate care facility for individuals with 162 |
---|
| 217 | + | intellectual disability. "Institution" does not include any facility for the 163 |
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| 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 |
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| 220 | + | Forensic Hospital; 166 |
---|
| 221 | + | Sec. 3. Subsections (d) to (f), inclusive, of section 19a-490 of the 167 |
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| 222 | + | general statutes are repealed and the following is substituted in lieu 168 |
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| 223 | + | thereof (Effective July 1, 2019): 169 |
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| 224 | + | (d) "Home health care agency" means a public or private 170 |
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| 225 | + | organization, or a subdivision thereof, engaged in providing 171 |
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| 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 |
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| 230 | + | occupational therapy or medical social services. The agency shall 176 |
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| 231 | + | provide professional nursing services and at least one additional 177 |
---|
| 232 | + | service directly and all others directly or through contract. An agency 178 |
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| 233 | + | shall be available to enroll new patients seven days a week, twenty-179 |
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| 234 | + | four hours per day; 180 |
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| 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 |
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304 | | - | provisions of this section. Such regulations shall require each home |
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305 | | - | health care agency that serves clients requiring assistance with |
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306 | | - | medication administration to (A) adopt practices that increase and |
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307 | | - | encourage client choice, dignity and independence; (B) establish |
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308 | | - | policies and procedures to ensure that a registered nurse may delegate |
---|
309 | | - | allowed tasks of nursing care, to include medication administration, to |
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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. |
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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, |
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323 | | - | including ongoing training requirements for such certification and |
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324 | | - | recertification. |
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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 |
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328 | | - | medication that may be administered by unlicensed personnel, |
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329 | | - | behavioral management, personal care, nutrition and food safety, and |
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330 | | - | health and safety in general. |
---|
331 | | - | (c) Each home health care agency shall ensure that, on or before |
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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 |
---|
370 | | - | Public Act No. 19-97 12 of 13 |
---|
| 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 |
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| 289 | + | to be completed while the [homemaker-home] home health aide is 223 |
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| 290 | + | providing services in the patient's home. 224 |
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| 291 | + | (i) No person acting individually or jointly with any other person 225 |
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| 292 | + | shall establish, conduct, operate or maintain a home health care agency 226 |
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| 293 | + | or [homemaker-home] home health aide agency without maintaining 227 |
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| 294 | + | professional liability insurance or other indemnity against liability for 228 |
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| 295 | + | professional malpractice. The amount of insurance which such person 229 |
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| 296 | + | shall maintain as insurance or indemnity against claims for injury or 230 |
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| 297 | + | death for professional malpractice shall be not less than one million 231 |
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| 298 | + | dollars for one person, per occurrence, with an aggregate of not less 232 |
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| 299 | + | than three million dollars. 233 |
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| 300 | + | Sec. 7. Section 19a-492d of the general statutes is repealed and the 234 |
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| 301 | + | following is substituted in lieu thereof (Effective July 1, 2019): 235 |
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| 302 | + | On and after October 1, 2007, a nurse who is employed by an agency 236 |
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| 303 | + | licensed by the Department of Public Health as a home health care 237 |
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| 304 | + | agency or a [homemaker-home] home health aide agency may 238 |
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| 305 | + | administer influenza and pneumococcal vaccines to persons in their 239 |
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| 306 | + | homes, after an assessment for contraindications, without a physician's 240 |
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| 307 | + | order in accordance with a physician-approved agency policy that 241 |
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| 308 | + | includes an anaphylaxis protocol. In the event of an adverse reaction to 242 |
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| 309 | + | the vaccine, such nurse may also administer epinephrine or other 243 |
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| 310 | + | anaphylaxis medication without a physician's order in accordance with 244 |
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| 311 | + | the physician-approved agency policy. For purposes of this section, 245 Raised Bill No. 919 |
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406 | | - | home health care agencies and [homemaker-home] home health aide |
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407 | | - | agencies. |
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408 | | - | Sec. 10. Subdivision (2) of subsection (a) of section 19a-905 of the |
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409 | | - | general statutes is repealed and the following is substituted in lieu |
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410 | | - | thereof (Effective July 1, 2019): |
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411 | | - | (2) "Health care facility or institution" means a hospital, nursing |
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412 | | - | home, rest home, home health care agency, [homemaker-home] home |
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413 | | - | health aide agency, emergency medical services organization, assisted |
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414 | | - | living services agency, outpatient surgical facility and an infirmary |
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415 | | - | operated by an educational institution for the care of students enrolled |
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416 | | - | in, and faculty and employees of, such institution. |
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417 | | - | Sec. 11. Subdivision (7) of section 20-670 of the general statutes is |
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418 | | - | repealed and the following is substituted in lieu thereof (Effective July |
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419 | | - | 1, 2019): |
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420 | | - | (7) "Homemaker-companion agency" means (A) any public or |
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421 | | - | private organization that employs one or more persons and is engaged |
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422 | | - | in the business of providing companion services or homemaker |
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423 | | - | services, or (B) any registry. "Homemaker-companion agency" shall |
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424 | | - | not include a home health care agency, as defined in subsection (d) of |
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425 | | - | section 19a-490, as amended by this act, or a [homemaker-home] home |
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426 | | - | health aide agency, as defined in subsection (e) of section 19a-490. |
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| 318 | + | "nurse" means an advanced practice registered nurse, registered nurse 246 |
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| 319 | + | or practical nurse licensed under chapter 378. 247 |
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| 320 | + | Sec. 8. Section 19a-492e of the general statutes is repealed and the 248 |
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| 321 | + | following is substituted in lieu thereof (Effective July 1, 2019): 249 |
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| 322 | + | (a) For purposes of this section "home health care agency" has the 250 |
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| 323 | + | same meaning as provided in section 19a-490, as amended by this act. 251 |
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| 324 | + | Notwithstanding the provisions of chapter 378, a registered nurse may 252 |
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| 325 | + | delegate the administration of medications that are not administered 253 |
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| 326 | + | by injection to [homemaker-home] home health aides who have 254 |
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| 327 | + | obtained certification and recertification every three years thereafter 255 |
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| 328 | + | for medication administration in accordance with regulations adopted 256 |
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| 329 | + | pursuant to subsection (b) of this section, unless the prescribing 257 |
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| 330 | + | practitioner specifies that a medication shall only be administered by a 258 |
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| 331 | + | licensed nurse. Any [homemaker-home] home health aide who 259 |
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| 332 | + | obtained certification in the administration of medications on or before 260 |
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| 333 | + | June 30, 2015, shall obtain recertification on or before July 1, 2018. 261 |
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| 334 | + | (b) (1) The Commissioner of Public Health shall adopt regulations, 262 |
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| 335 | + | in accordance with the provisions of chapter 54, to carry out the 263 |
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| 336 | + | provisions of this section. Such regulations shall require each home 264 |
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| 337 | + | health care agency that serves clients requiring assistance with 265 |
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| 338 | + | medication administration to (A) adopt practices that increase and 266 |
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| 339 | + | encourage client choice, dignity and independence; (B) establish 267 |
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| 340 | + | policies and procedures to ensure that a registered nurse may delegate 268 |
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| 341 | + | allowed tasks of nursing care, to include medication administration, to 269 |
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| 342 | + | [homemaker-home] home health aides when the registered nurse 270 |
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| 343 | + | determines that it is in the best interest of the client and the 271 |
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| 344 | + | [homemaker-home] home health aide has been deemed competent to 272 |
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| 345 | + | perform the task; (C) designate [homemaker-home] home health aides 273 |
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| 346 | + | to obtain certification and recertification for the administration of 274 |
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| 347 | + | medication; and (D) ensure that such [homemaker-home] home health 275 |
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| 348 | + | aides receive such certification and recertification. 276 |
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| 349 | + | (2) The regulations shall establish certification and recertification 277 Raised Bill No. 919 |
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| 350 | + | |
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| 351 | + | |
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| 352 | + | LCO 4096 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00919- |
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| 354 | + | 10 of 13 |
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| 355 | + | |
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| 356 | + | requirements for medication administration and the criteria to be used 278 |
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| 357 | + | by home health care agencies that provide services for clients requiring 279 |
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| 358 | + | assistance with medication administration in determining (A) which 280 |
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| 359 | + | [homemaker-home] home health aides shall obtain such certification 281 |
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| 360 | + | and recertification, and (B) education and skill training requirements, 282 |
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| 361 | + | including ongoing training requirements for such certification and 283 |
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| 362 | + | recertification. 284 |
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| 363 | + | (3) Education and skill training requirements for initial certification 285 |
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| 364 | + | and recertification shall include, but not be limited to, initial 286 |
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| 365 | + | orientation, training in client rights and identification of the types of 287 |
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| 366 | + | medication that may be administered by unlicensed personnel, 288 |
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| 367 | + | behavioral management, personal care, nutrition and food safety, and 289 |
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| 368 | + | health and safety in general. 290 |
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| 369 | + | (c) Each home health care agency shall ensure that, on or before 291 |
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| 370 | + | January 1, 2013, delegation of nursing care tasks in the home care 292 |
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| 371 | + | setting is allowed within such agency and that policies are adopted to 293 |
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| 372 | + | employ [homemaker-home] home health aides for the purposes of 294 |
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| 373 | + | allowing nurses to delegate such tasks. 295 |
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| 374 | + | (d) A registered nurse licensed pursuant to the provisions of chapter 296 |
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| 375 | + | 378 who delegates the task of medication administration to a 297 |
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| 376 | + | [homemaker-home] home health aide pursuant to this section shall not 298 |
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| 377 | + | be subject to disciplinary action based on the performance of the 299 |
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| 378 | + | [homemaker-home] home health aide to whom tasks are delegated, 300 |
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| 379 | + | unless the [homemaker-home] home health aide is acting pursuant to 301 |
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| 380 | + | specific instructions from the registered nurse or the registered nurse 302 |
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| 381 | + | fails to leave instructions when the nurse should have done so, 303 |
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| 382 | + | provided the registered nurse: (1) Documented in the patient's care 304 |
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| 383 | + | plan that the medication administration could be properly and safely 305 |
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| 384 | + | performed by the [homemaker-home] home health aide to whom it is 306 |
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| 385 | + | delegated, (2) provided initial direction to the [homemaker-home] 307 |
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| 386 | + | home health aide, and (3) provided ongoing supervision of the 308 |
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| 387 | + | [homemaker-home] home health aide, including the periodic 309 |
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| 388 | + | assessment and evaluation of the patient's health and safety related to 310 Raised Bill No. 919 |
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| 389 | + | |
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| 390 | + | |
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| 391 | + | LCO 4096 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00919- |
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| 393 | + | 11 of 13 |
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| 394 | + | |
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| 395 | + | medication administration. 311 |
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| 396 | + | (e) A registered nurse who delegates the provision of nursing care 312 |
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| 397 | + | to another person pursuant to this section shall not be subject to an 313 |
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| 398 | + | action for civil damages for the performance of the person to whom 314 |
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| 399 | + | nursing care is delegated unless the person is acting pursuant to 315 |
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| 400 | + | specific instructions from the nurse or the nurse fails to leave 316 |
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| 401 | + | instructions when the nurse should have done so. 317 |
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| 402 | + | (f) No person may coerce a registered nurse into compromising 318 |
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| 403 | + | patient safety by requiring the nurse to delegate the administration of 319 |
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| 404 | + | medication if the nurse's assessment of the patient documents a need 320 |
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| 405 | + | for a nurse to administer medication and identifies why the need 321 |
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| 406 | + | cannot be safely met through utilization of assistive technology or 322 |
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| 407 | + | administration of medication by certified [homemaker-home] home 323 |
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| 408 | + | health aides. No registered nurse who has made a reasonable 324 |
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| 409 | + | determination based on such assessment that delegation may 325 |
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| 410 | + | compromise patient safety shall be subject to any employer reprisal or 326 |
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| 411 | + | disciplinary action pursuant to chapter 378 for refusing to delegate or 327 |
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| 412 | + | refusing to provide the required training for such delegation. The 328 |
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| 413 | + | Department of Social Services, in consultation with the Department of 329 |
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| 414 | + | Public Health and home health care agencies, shall develop protocols 330 |
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| 415 | + | for documentation pursuant to the requirements of this subsection. 331 |
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| 416 | + | The Department of Social Services shall notify all licensed home health 332 |
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| 417 | + | care agencies of such protocols prior to the implementation of this 333 |
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| 418 | + | section. 334 |
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| 419 | + | (g) The Commissioner of Public Health may implement policies and 335 |
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| 420 | + | procedures necessary to administer the provisions of this section while 336 |
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| 421 | + | in the process of adopting such policies and procedures as regulations, 337 |
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| 422 | + | provided notice of intent to adopt regulations is published in the 338 |
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| 423 | + | Connecticut Law Journal not later than twenty days after the date of 339 |
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| 424 | + | implementation. Policies and procedures implemented pursuant to 340 |
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| 425 | + | this section shall be valid until the time final regulations are adopted. 341 |
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| 426 | + | Sec. 9. Subsection (a) of section 19a-495 of the general statutes is 342 Raised Bill No. 919 |
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| 427 | + | |
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| 428 | + | |
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| 429 | + | LCO 4096 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00919- |
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| 431 | + | 12 of 13 |
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| 432 | + | |
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| 433 | + | repealed and the following is substituted in lieu thereof (Effective July 343 |
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| 434 | + | 1, 2019): 344 |
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| 435 | + | (a) The Department of Public Health shall, after consultation with 345 |
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| 436 | + | the appropriate public and voluntary hospital planning agencies, 346 |
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| 437 | + | establish classifications of institutions. The department shall, in the 347 |
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| 438 | + | Public Health Code, adopt, amend, promulgate and enforce such 348 |
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| 439 | + | regulations based upon reasonable standards of health, safety and 349 |
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| 440 | + | comfort of patients and demonstrable need for such institutions, with 350 |
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| 441 | + | respect to each classification of institutions to be licensed under 351 |
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| 442 | + | sections 19a-490 to 19a-503, inclusive, as amended by this act, 352 |
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| 443 | + | including their special facilities, as will further the accomplishment of 353 |
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| 444 | + | the purposes of said sections in promoting safe, humane and adequate 354 |
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| 445 | + | care and treatment of individuals in institutions. The department shall 355 |
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| 446 | + | adopt such regulations, in accordance with chapter 54, concerning 356 |
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| 447 | + | home health care agencies and [homemaker-home] home health aide 357 |
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| 448 | + | agencies. 358 |
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| 449 | + | Sec. 10. Subdivision (2) of subsection (a) of section 19a-905 of the 359 |
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| 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 |
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| 455 | + | living services agency, outpatient surgical facility and an infirmary 365 |
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| 456 | + | operated by an educational institution for the care of students enrolled 366 |
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| 457 | + | in, and faculty and employees of, such institution. 367 |
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| 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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| 464 | + | |
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| 465 | + | |
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| 466 | + | LCO 4096 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00919- |
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| 467 | + | R01-SB.docx } |
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| 468 | + | 13 of 13 |
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| 469 | + | |
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| 470 | + | services, or (B) any registry. "Homemaker-companion agency" shall 374 |
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| 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 |
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| 474 | + | This act shall take effect as follows and shall amend the following |
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| 475 | + | sections: |
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| 476 | + | |
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| 477 | + | Section 1 July 1, 2019 17b-242 |
---|
| 478 | + | Sec. 2 July 1, 2019 19a-490(a) |
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| 479 | + | Sec. 3 July 1, 2019 19a-490(d) to (f) |
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| 480 | + | Sec. 4 July 1, 2019 19a-490(k) |
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| 481 | + | Sec. 5 July 1, 2019 19a-490g |
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| 482 | + | Sec. 6 July 1, 2019 19a-491(h) and (i) |
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| 483 | + | Sec. 7 July 1, 2019 19a-492d |
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| 484 | + | Sec. 8 July 1, 2019 19a-492e |
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| 485 | + | Sec. 9 July 1, 2019 19a-495(a) |
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| 486 | + | Sec. 10 July 1, 2019 19a-905(a)(2) |
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| 487 | + | Sec. 11 July 1, 2019 20-670(7) |
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| 488 | + | |
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| 489 | + | PH Joint Favorable |
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