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General Assembly Raised Bill No. 936
January Session, 2019
LCO No. 4000
Referred to Committee on EDUCATION
Introduced by:
(ED)
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF T HE OFFICE
OF EARLY CHILDHOOD.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsections (a) to (c), inclusive, of section 17b-749 of the 1
general statutes are repealed and the following is substituted in lieu 2
thereof (Effective July 1, 2019): 3
(a) The Commissioner of Early Childhood shall establish and 4
operate a child care subsidy program to increase the availability, 5
affordability and quality of child care services for families with a 6
parent or caretaker who (1) is working or attending high school, or (2) 7
receives cash assistance under the temporary family assistance 8
program from the Department of Social Services and is participating in 9
an education, training or other job preparation activity approved 10
pursuant to subsection (b) of section 17b-688i or subsection (b) of 11
section 17b-689d. Services available under the child care subsidy 12
program shall include the provision of child care subsidies for children 13
under the age of thirteen or children under the age of nineteen with 14
special needs. The Office of Early Childhood shall open and maintain 15 Raised Bill No. 936
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enrollment for the child care subsidy program and shall administer 16
such program within the existing budgetary resources available. The 17
office shall issue a notice on the office's Internet web site any time the 18
office closes the program to new applications, changes eligibility 19
requirements, changes program benefits or makes any other change to 20
the program's status or terms, except the office shall not be required to 21
issue such notice when the office expands program eligibility. Any 22
change in the office's acceptance of new applications, eligibility 23
requirements, program benefits or any other change to the program's 24
status or terms for which the office is required to give notice pursuant 25
to this subsection, shall not be effective until thirty days after the office 26
issues such notice. 27
(b) The commissioner shall establish income standards for 28
applicants and recipients at a level to include a family with gross 29
income up to fifty per cent of the state-wide median income, except the 30
commissioner (1) may increase the income level [to up to seventy-five 31
per cent of the state-wide median income] up to the maximum level 32
allowed under federal law, (2) upon the request of the Commissioner 33
of Children and Families, may waive the income standards for 34
adoptive families so that children adopted on or after October 1, 1999, 35
from the Department of Children and Families are eligible for the child 36
care subsidy program, and (3) on and after March 1, 2003, shall reduce 37
the income eligibility level to up to fifty-five per cent of the state-wide 38
median income for applicants and recipients who qualify based on 39
their loss of eligibility for temporary family assistance. The 40
commissioner may adopt regulations in accordance with chapter 54 to 41
establish income criteria and durational requirements for such waiver 42
of income standards. 43
(c) The commissioner, in consultation with the Commissioner of 44
Social Services, shall establish eligibility and program standards 45
including, but not limited to: (1) A priority intake and eligibility 46
system with preference given to serving (A) recipients of temporary 47
family assistance who are employed or engaged in employment 48
activities under the Department of Social Services' "Jobs First" 49 Raised Bill No. 936
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program, (B) working families whose temporary family assistance was 50
discontinued not more than five years prior to the date of application 51
for the child care subsidy program, (C) teen parents, (D) low-income 52
working families, (E) adoptive families of children who were adopted 53
from the Department of Children and Families and who are granted a 54
waiver of income standards under subdivision (2) of subsection (b) of 55
this section, and (F) working families who are at risk of welfare 56
dependency; [, and (G) any household with a child or children 57
participating in the Early Head Start-Child Care Partnership federal 58
grant program for a period of up to twelve months based on Early 59
Head Start eligibility criteria;] (2) health and safety standards for child 60
care providers not required to be licensed; (3) a reimbursement system 61
for child care services which account for differences in the age of the 62
child, number of children in the family, the geographic region and type 63
of care provided by licensed and unlicensed caregivers, the cost and 64
type of services provided by licensed and unlicensed caregivers, 65
successful completion of fifteen hours of annual in-service training or 66
credentialing of child care directors and administrators, and program 67
accreditation; (4) supplemental payment for special needs of the child 68
and extended nontraditional hours; (5) an annual rate review process 69
for providers which assures that reimbursement rates are maintained 70
at levels which permit equal access to a variety of child care settings; 71
(6) a sliding reimbursement scale for participating families; (7) an 72
administrative appeals process; (8) an administrative hearing process 73
to adjudicate cases of alleged fraud and abuse and to impose sanctions 74
and recover overpayments; (9) an extended period of program and 75
payment eligibility when a parent who is receiving a child care 76
subsidy experiences a temporary interruption in employment or other 77
approved activity; and (10) a waiting list for the child care subsidy 78
program that (A) allows the commissioner to exercise discretion in 79
prioritizing within and between existing priority groups, including, 80
but not limited to, children described in 45 CFR 98.46, as amended 81
from time to time, and households with an infant or toddler, and (B) 82
reflects the priority and eligibility system set forth in subdivision (1) of 83
this subsection, which is reviewed periodically, with the inclusion of 84 Raised Bill No. 936
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this information in the annual report required to be issued annually by 85
the office to the Governor and the General Assembly in accordance 86
with section 17b-733. Such action will include, but not be limited to, 87
family income, age of child, region of state and length of time on such 88
waiting list. 89
Sec. 2. Section 19a-79 of the general statutes is amended by adding 90
subsection (f) as follows (Effective July 1, 2019): 91
(NEW) (f) Any child care center or group child care home may 92
provide child care services to a foster child for a period not to exceed 93
forty-five days without complying with any provision in regulations 94
adopted pursuant to this section relating to immunization and physical 95
examination requirements. Any child care center or group child care 96
home that provides child care services to such foster child at such 97
center or home under this subsection shall maintain a record on file of 98
all such foster children who have attended such center or home for a 99
period of two years after such foster children are no longer receiving 100
child care services at such center or home. For purposes of this 101
subsection, "foster child" means a child who is in the care and custody 102
of the Commissioner of Children and Families and placed in a foster 103
home licensed pursuant to section 17a-114, foster home approved by a 104
child-placing agency licensed pursuant to section 17a-149 or facility 105
licensed pursuant to section 17a-145. 106
Sec. 3. Section 19a-87b of the general statutes is amended by adding 107
subsection (i) as follows (Effective July 1, 2019): 108
(NEW) (i) Any family child care home may provide child care 109
services to a foster child for a period not to exceed forty-five days 110
without complying with any provision in regulations adopted 111
pursuant to this section relating to immunization and physical 112
examination requirements. Any family child care home that provides 113
child care services to such foster child at such home under this 114
subsection shall maintain a record on file of all such foster children 115
who have attended such home for a period of two years after such 116 Raised Bill No. 936
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foster children are no longer receiving child care services at such 117
home. For purposes of this subsection, "foster child" means a child who 118
is in the care and custody of the Commissioner of Children and 119
Families and placed in a foster home licensed pursuant to section 17a-120
114, foster home approved by a child-placing agency licensed pursuant 121
to section 17a-149 or facility licensed pursuant to section 17a-145. 122
Sec. 4. Section 10-530 of the general statutes is repealed and the 123
following is substituted in lieu thereof (Effective July 1, 2019): 124
(a) As used in this section: 125
(1) "Child care facility" means a "child care center", "group child care 126
home" or "family child care home" that provides "child care services", 127
each as described in section 19a-77, or any provider of child care 128
services under the child care subsidy program established pursuant to 129
section 17b-749, as amended by this act; 130
(2) "Child care provider" has the same meaning as provided in 45 131
CFR 98.43, as amended from time to time; and 132
(3) "Child care staff member" has the same meaning as provided in 133
45 CFR 98.43, as amended from time to time. 134
(b) The comprehensive background checks required pursuant to 135
subsection (c) of section 19a-80, subsection (c) of section 19a-87b, and 136
subsection (a) of section 17b-749k, shall be conducted at least once 137
every five years for child care providers and child care staff members 138
in accordance with the provisions of 45 CFR 98.43, as amended from 139
time to time. 140
(c) Any person who applies for a position at a child care facility in 141
the state shall not be required to submit to such comprehensive 142
background checks if such person (1) is an employee of a child care 143
facility in the state, or [was previously an employee of a child care 144
facility in the state during the previous one hundred eighty days] has 145
not been separated from employment from a child care provider in the 146 Raised Bill No. 936
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state for a period of more than one hundred eighty days, and (2) has 147
successfully completed such comprehensive background checks in the 148
previous five years. Nothing in this section prohibits the 149
Commissioner of Early Childhood from requiring that [an employee or 150
prospective employee of a child care facility to] a person applying for a 151
position at a child care facility in the state, a child care provider or a 152
child care staff member submit to comprehensive background checks 153
more than once during a five-year period. [For purposes of this section, 154
"child care facility" means a child care center, group child care home or 155
family child care home that provides "child care services", as described 156
in section 19a-77, and the home of a family child care provider, as 157
defined in section 17b-705.] 158
Sec. 5. Section 19a-84 of the general statutes is repealed and the 159
following is substituted in lieu thereof (Effective July 1, 2019): 160
(a) When the Commissioner of Early Childhood has reason to 161
believe any person licensed under sections 19a-77 to 19a-80, inclusive, 162
and sections 19a-82 to 19a-87, inclusive, has failed substantially to 163
comply with the regulations adopted under said sections, the 164
commissioner may notify the licensee in writing of the commissioner's 165
intention to suspend or revoke the license or to impose a licensure 166
action. Such notice shall be served by certified mail stating the 167
particular reasons for the proposed action. The licensee may, if 168
aggrieved by such intended action, make application for a hearing in 169
writing over the licensee's signature to the commissioner. The licensee 170
shall state in the application in plain language the reasons why the 171
licensee claims to be aggrieved. The application shall be delivered to 172
the commissioner not later than thirty days after the licensee's receipt 173
of notification of the intended action. The commissioner shall 174
thereupon hold a hearing or cause a hearing to be held not later than 175
sixty days after receipt of such application and shall, at least ten days 176
prior to the date of such hearing, mail a notice, giving the time and 177
place of the hearing, to the licensee. The hearing may be conducted by 178
the commissioner or by a hearing officer appointed by the 179
commissioner in writing. The licensee and the commissioner or 180 Raised Bill No. 936
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hearing officer may issue subpoenas requiring the attendance of 181
witnesses. The licensee shall be entitled to be represented by counsel 182
and a transcript of the hearing shall be made. If the hearing is 183
conducted by a hearing officer, the hearing officer shall state the 184
hearing officer's findings and make a recommendation to the 185
commissioner on the issue of revocation or suspension or the intended 186
licensure action. The commissioner, based upon the findings and 187
recommendation of the hearing officer, or after a hearing conducted by 188
the commissioner, shall render the commissioner's decision in writing 189
suspending, revoking or continuing the license or regarding the 190
intended licensure action. A copy of the decision shall be sent by 191
certified mail to the licensee. The decision revoking or suspending the 192
license or a decision imposing a licensure action shall become effective 193
thirty days after it is mailed by registered or certified mail to the 194
licensee. A licensee aggrieved by the decision of the commissioner may 195
appeal as provided in section 19a-85. Any licensee whose license has 196
been revoked pursuant to this subsection shall be ineligible to apply 197
for a license for a period of one year from the effective date of 198
revocation. 199
(b) The provisions of this section shall not apply to the denial of an 200
initial application for a license under sections 19a-77 to 19a-80, 201
inclusive, and 19a-82 to 19a-87, inclusive, provided the commissioner 202
shall notify the applicant of any such denial and the reasons for such 203
denial by mailing written notice to the applicant at the applicant's 204
address shown on the license application. 205
(c) If the commissioner finds that public health, safety or welfare 206
imperatively requires emergency action, and incorporates a finding to 207
that effect in his or her order, the commissioner may order summary 208
suspension or summary probation of a license issued under sections 209
19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive, pending 210
proceedings for revocation or other action. These proceedings shall be 211
promptly instituted and determined. 212
Sec. 6. Section 19a-87e of the general statutes is repealed and the 213 Raised Bill No. 936
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following is substituted in lieu thereof (Effective July 1, 2019): 214
(a) The Commissioner of Early Childhood may (1) refuse to license 215
under section 19a-87b, as amended by this act, a person to own, 216
conduct, operate or maintain a family child care home, as defined in 217
section 19a-77, (2) refuse to approve under section 19a-87b, as 218
amended by this act, a person to act as an assistant or substitute staff 219
member in a family child care home, as defined in section 19a-77, or (3) 220
suspend or revoke the license or approval or take any other action that 221
may be set forth in regulation that may be adopted pursuant to section 222
19a-79, as amended by this act, if the person who owns, conducts, 223
maintains or operates the family child care home, the person who acts 224
as an assistant or substitute staff member in a family child care home, a 225
person employed in such family child care home in a position 226
connected with the provision of care to a child receiving child care 227
services or a household member, as defined in subsection (c) of section 228
19a-87b, who is sixteen years of age or older and resides therein, has 229
been convicted, in this state or any other state of a felony, as defined in 230
section 53a-25, involving the use, attempted use or threatened use of 231
physical force against another person, or has a criminal record in this 232
state or any other state that the commissioner reasonably believes 233
renders the person unsuitable to own, conduct, operate or maintain or 234
be employed by a family child care home, or act as an assistant or 235
substitute staff member in a family child care home, or if such persons 236
or a household member has been convicted in this state or any other 237
state of cruelty to persons under section 53-20, injury or risk of injury 238
to or impairing morals of children under section 53-21, abandonment 239
of children under the age of six years under section 53-23, or any 240
felony where the victim of the felony is a child under eighteen years of 241
age, a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-242
72b or 53a-73a, illegal manufacture, distribution, sale, prescription, 243
dispensing or administration under section 21a-277 or 21a-278, or 244
illegal possession under section 21a-279, or if such person, a person 245
who acts as assistant or substitute staff member in a family child care 246
home or a person employed in such family child care home in a 247 Raised Bill No. 936
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position connected with the provision of care to a child receiving child 248
care services, either fails to substantially comply with the regulations 249
adopted pursuant to section 19a-87b, as amended by this act, or 250
conducts, operates or maintains the home in a manner which 251
endangers the health, safety and welfare of the children receiving child 252
care services. Any refusal of a license or approval pursuant to this 253
section shall be rendered in accordance with the provisions of sections 254
46a-79 to 46a-81, inclusive. Any person whose license or approval has 255
been revoked pursuant to this section shall be ineligible to apply for a 256
license or approval for a period of one year from the effective date of 257
revocation. 258
(b) When the commissioner intends to suspend or revoke a license 259
or approval or take any other action against a license or approval set 260
forth in regulation adopted pursuant to section 19a-79, as amended by 261
this act, the commissioner shall notify the licensee or approved staff 262
member in writing of the commissioner's intended action. The licensee 263
or approved staff member may, if aggrieved by such intended action, 264
make application for a hearing in writing over the licensee's or 265
approved staff member's signature to the commissioner. The licensee 266
or approved staff member shall state in the application in plain 267
language the reasons why the licensee or approved staff member 268
claims to be aggrieved. The application shall be delivered to the 269
commissioner within thirty days of the licensee's or approved staff 270
member's receipt of notification of the intended action. The 271
commissioner shall thereupon hold a hearing within sixty days from 272
receipt of such application and shall, at least ten days prior to the date 273
of such hearing, mail a notice, giving the time and place of the hearing, 274
to the licensee or approved staff member. The provisions of this 275
subsection shall not apply to the denial of an initial application for a 276
license or approval under section 19a-87b, as amended by this act, 277
provided the commissioner shall notify the applicant of any such 278
denial and the reasons for such denial by mailing written notice to the 279
applicant at the applicant's address shown on the license or approval 280
application. 281 Raised Bill No. 936
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(c) Any person who is licensed to conduct, operate or maintain a 282
family child care home or approved to act as an assistant or substitute 283
staff member in a family child care home shall notify the commissioner 284
of any conviction of the owner, conductor, operator or maintainer of 285
the family child care home or of any household member, as defined in 286
subsection (c) of section 19a-87b, who is sixteen years of age or older, 287
or any person employed in such family child care home in a position 288
connected with the provision of care to a child receiving child care 289
services, of a crime which affects the commissioner's discretion under 290
subsection (a) of this section, immediately upon obtaining knowledge 291
of such conviction. Failure to comply with the notification requirement 292
of this subsection may result in the suspension or revocation of the 293
license or approval or the taking of any other action against a license or 294
approval set forth in regulation adopted pursuant to section 19a-79, as 295
amended by this act, and shall subject the licensee or approved staff 296
member to a civil penalty of not more than one hundred dollars per 297
day for each day after the person obtained knowledge of the 298
conviction. 299
(d) It shall be a class A misdemeanor for any person seeking 300
employment in a position connected with the provision of care to a 301
child receiving family child care home services to make a false written 302
statement regarding prior criminal convictions pursuant to a form 303
bearing notice to the effect that such false statements are punishable, 304
which statement such person does not believe to be true and is 305
intended to mislead the prospective employer. 306
(e) Any person having reasonable cause to believe that a family 307
child care home, as defined in section 19a-77, is operating without a 308
current and valid license or in violation of the regulations adopted 309
under section 19a-87b, as amended by this act, or in a manner which 310
may pose a potential danger to the health, welfare and safety of a child 311
receiving child care services, may report such information to the Office 312
of Early Childhood. The office shall investigate any report or 313
complaint received pursuant to this subsection. The name of the 314
person making the report or complaint shall not be disclosed unless (1) 315 Raised Bill No. 936
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such person consents to such disclosure, (2) a judicial or administrative 316
proceeding results from such report or complaint, or (3) a license 317
action pursuant to subsection (a) of this section results from such 318
report or complaint. All records obtained by the office in connection 319
with any such investigation shall not be subject to the provisions of 320
section 1-210 for a period of thirty days from the date of the petition or 321
other event initiating such investigation, or until such time as the 322
investigation is terminated pursuant to a withdrawal or other informal 323
disposition or until a hearing is convened pursuant to chapter 54, 324
whichever is earlier. A formal statement of charges issued by the office 325
shall be subject to the provisions of section 1-210 from the time that it is 326
served or mailed to the respondent. Records which are otherwise 327
public records shall not be deemed confidential merely because they 328
have been obtained in connection with an investigation under this 329
section. 330
(f) If the commissioner finds that public health, safety or welfare 331
imperatively requires emergency action, and incorporates a finding to 332
that effect in his or her order, the commissioner may order summary 333
suspension or summary probation of a license issued under section 334
19a-87b, as amended by this act, pending proceedings for revocation 335
or other action. These proceedings shall be promptly instituted and 336
determined. 337
Sec. 7. (NEW) (Effective July 1, 2019) (a) Any licensee child care 338
center or group child care home, as described in section 19a-77 of the 339
general statutes, that fails to provide written notice to (1) the Office of 340
Early Childhood, (2) all staff employed at such child care center or 341
group child care home, and (3) the parents or guardians of children 342
receiving child care services, as described in section 19a-77 of the 343
general statutes, at such child care center or group child care home, at 344
least thirty days prior to the effective date of a proposed closure of 345
such child care center or group child care home, shall be subject to a 346
civil penalty of not more than five thousand dollars. 347
(b) If the Commissioner of Early Childhood has reason to believe 348 Raised Bill No. 936
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that a violation has occurred for which a civil penalty is authorized by 349
subsection (a) of this section, he or she may send to such licensee by 350
certified mail, return receipt requested, or personally serve upon such 351
licensee, a notice which shall include: (1) A reference to the section or 352
sections of the general statutes or regulations involved; (2) a short and 353
plain statement of the matters asserted or charged; (3) a statement of 354
the maximum civil penalty which may be imposed for such violation; 355
and (4) a statement of the licensee's right to request a hearing, such 356
request to be submitted in writing to the commissioner not later than 357
thirty days after the notice is mailed or served. 358
(c) If such licensee so requests, the commissioner shall cause a 359
hearing to be held. The hearing shall be held in accordance with the 360
provisions of chapter 54 of the general statutes. If such licensee fails to 361
request a hearing or fails to appear at the hearing or if, after the 362
hearing, the commissioner finds that the licensee has committed such 363
violation, the commissioner may, in his or her discretion, order that a 364
civil penalty be imposed that is not greater than the penalty stated in 365
the notice. The commissioner shall send a copy of any order issued 366
pursuant to this subsection by certified mail, return receipt requested, 367
to the licensee named in such order. 368
Sec. 8. Section 10-520a of the general statutes is repealed and the 369
following is substituted in lieu thereof (Effective from passage): 370
Not later than [July] January first, annually, the Office of Early 371
Childhood shall submit a report regarding the status of school 372
readiness program providers' compliance with the staff qualifications 373
requirement, described in subsection (b) of section 10-16p, to the joint 374
standing committee of the General Assembly having cognizance of 375
matters relating to education, in accordance with the provisions of 376
section 11-4a. 377
Sec. 9. Subdivision (1) of subsection (d) of section 10-16p of the 378
general statutes is repealed and the following is substituted in lieu 379
thereof (Effective July 1, 2019): 380 Raised Bill No. 936
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(d) (1) The commissioner shall establish a competitive grant 381
program to provide spaces in accredited school readiness programs or 382
school readiness programs seeking accreditation located in (A) an area 383
served by a priority school or a former priority school, (B) a town 384
ranked one to fifty when all towns are ranked in ascending order 385
according to town wealth, as defined in subdivision (26) of section 10-386
262f, whose school district is not a priority school district pursuant to 387
section 10-266p, (C) a town formerly a town described in subparagraph 388
(B) of this subdivision, as provided for in subdivision (2) of this 389
subsection, or (D) a town designated as an alliance district, as defined 390
in section 10-262u, whose school district is not a priority school district 391
pursuant to section 10-266p. A town in which a priority school is 392
located, a regional school readiness council, pursuant to subsection (c) 393
of section 10-16r, for a region in which such a school is located or a 394
town described in subparagraph (B) of this subdivision may apply for 395
such a grant in an amount equal to the number of spaces in an 396
accredited school readiness program or a school readiness program 397
seeking accreditation multiplied by the per child cost set forth in 398
subdivision (1) of subsection (b) of section 10-16q. Eligibility shall be 399
determined for a [five-year] three-year period based on an applicant's 400
designation as having a priority school or being a town described in 401
subparagraph (B) of this subdivision for the initial year of application. 402
Grant awards shall be made annually contingent upon available 403
funding and a satisfactory annual evaluation. The chief elected official 404
of such town and the superintendent of schools of the school district or 405
the regional school readiness council shall submit a plan, as described 406
in subsection (c) of this section, for the expenditure of such grant funds 407
to the commissioner. In awarding grants pursuant to this subsection, 408
the commissioner shall give preference to applications submitted by 409
regional school readiness councils and may, within available 410
appropriations, provide a grant to such town or regional school 411
readiness council that increases the number of spaces for eligible 412
children who reside in an area or town described in subparagraphs (A) 413
to (D), inclusive, of this subdivision, in an accredited school readiness 414
program or a school readiness program seeking accreditation. A town 415 Raised Bill No. 936
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or regional school readiness council awarded a grant pursuant to this 416
subsection shall use the funds to purchase spaces for such children 417
from providers of accredited school readiness programs or school 418
readiness programs seeking accreditation. 419
Sec. 10. Section 10-265n of the general statutes is repealed and the 420
following is substituted in lieu thereof (Effective July 1, 2019): 421
The Office of Early Childhood shall administer, within available 422
appropriations, an even start family literacy program [, in accordance 423
with the William F. Goodling Even Start Family Literacy Program 424
under the No Child Left Behind Act, P.L. 107-111,] to provide grants to 425
establish new or expand existing local family literacy programs that 426
provide literacy services for children and the parents or guardians of 427
such children. 428
Sec. 11. Subsection (c) of section 17a-248e of the general statutes is 429
repealed and the following is substituted in lieu thereof (Effective July 430
1, 2019): 431
(c) The individualized family service plan shall be [developed in 432
consultation with the child's pediatrician or primary care physician] 433
signed by the child's pediatrician or a primary care provider or 434
qualified personnel, as those terms are defined in section 17a-248. 435
Sec. 12. Section 17a-248g of the general statutes is repealed and the 436
following is substituted in lieu thereof (Effective July 1, 2019): 437
(a) Subject to the provisions of this section, funds appropriated to 438
the lead agency for purposes of section 17a-248, sections 17a-248b to 439
17a-248f, inclusive, this section and sections 38a-490a and 38a-516a 440
shall not be used to satisfy a financial commitment for services that 441
would have been paid from another public or private source but for 442
the enactment of said sections, except for federal funds available 443
pursuant to Part C of the Individuals with Disabilities Education Act, 444
20 USC 1431 et seq., except that whenever considered necessary to 445
prevent the delay in the receipt of appropriate early intervention 446 Raised Bill No. 936
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services by the eligible child or family in a timely fashion, funds 447
provided under said sections may be used to pay the service provider 448
pending reimbursement from the public or private source that has 449
ultimate responsibility for the payment. 450
(b) Nothing in section 17a-248, sections 17a-248b to 17a-248f, 451
inclusive, this section and sections 38a-490a and 38a-516a shall be 452
construed to permit the Department of Social Services or any other 453
state agency to reduce medical assistance pursuant to this chapter or 454
other assistance or services available to eligible children. 455
Notwithstanding any provision of the general statutes, costs incurred 456
for early intervention services that otherwise qualify as medical 457
assistance that are furnished to an eligible child who is also eligible for 458
benefits pursuant to this chapter shall be considered medical assistance 459
for purposes of payments to providers and state reimbursement to the 460
extent that federal financial participation is available for such services. 461
(c) Providers of early intervention services shall, in the first instance 462
and where applicable, seek payment from all third-party payers prior 463
to claiming payment from the birth-to-three system for services 464
rendered to eligible children, provided, for the purpose of seeking 465
payment from the Medicaid program or from other third-party payers 466
as agreed upon by the provider, the obligation to seek payment shall 467
not apply to a payment from a third-party payer who is not prohibited 468
from applying such payment, and who will apply such payment, to an 469
annual or lifetime limit specified in the third-party payer's policy or 470
contract. 471
(d) The commissioner, in consultation with the Office of Policy and 472
Management and the Insurance Commissioner, shall adopt 473
regulations, pursuant to chapter 54, providing public reimbursement 474
for deductibles and copayments imposed under an insurance policy or 475
health benefit plan to the extent that such deductibles and copayments 476
are applicable to early intervention services. 477
(e) The commissioner shall establish and periodically revise, in 478 Raised Bill No. 936
LCO No. 4000 16 of 18
accordance with this section, a schedule of fees based on a sliding scale 479
for early intervention services. The schedule of fees shall consider the 480
cost of such services relative to the financial resources of the state and 481
the parents or legal guardians of eligible children, provided that on 482
and after October 6, 2009, the commissioner shall (1) charge fees to 483
such parents or legal guardians that are sixty per cent greater than the 484
amount of the fees charged on the date prior to October 6, 2009; and (2) 485
charge fees for all services provided, including those services provided 486
in the first two months following the enrollment of a child in the 487
program. Fees may be charged to any such parent or guardian, 488
regardless of income, and shall be charged to any such parent or 489
guardian with a gross annual family income of forty-five thousand 490
dollars or more, except that no fee may be charged to the parent or 491
guardian of a child who is eligible for Medicaid. Notwithstanding the 492
provisions of subdivision (8) of section 17a-248, as used in this 493
subsection, "parent" means the biological or adoptive parent or legal 494
guardian of any child receiving early intervention services. The lead 495
agency may assign its right to collect fees to a designee or provider 496
participating in the early intervention program and providing services 497
to a recipient in order to assist the provider in obtaining payment for 498
such services. The commissioner may implement procedures for the 499
collection of the schedule of fees while in the process of adopting or 500
amending such criteria in regulation, provided the commissioner posts 501
notice of intention to adopt or amend the regulations on the 502
eRegulations System, established pursuant to section 4-173b, within 503
twenty days of implementing the policy. Such collection procedures 504
and schedule of fees shall be valid until the time the final regulations 505
or amendments are effective. 506
(f) The commissioner shall develop and implement procedures to 507
hold a recipient harmless for the impact of pursuit of payment for 508
early intervention services against lifetime insurance limits. 509
(g) Notwithstanding any provision of title 38a relating to the 510
permissible exclusion of payments for services under governmental 511
programs, no such exclusion shall apply with respect to payments 512 Raised Bill No. 936
LCO No. 4000 17 of 18
made pursuant to section 17a-248, sections 17a-248b to 17a-248f, 513
inclusive, this section and sections 38a-490a and 38a-516a. Except as 514
provided in this subsection, nothing in this section shall increase or 515
enhance coverages provided for within an insurance contract subject to 516
the provisions of section 10-94f, subsection (a) of section 10-94g, 517
subsection (a) of section 17a-219b, subsection (a) of section 17a-219c, 518
sections 17a-248, 17a-248b to 17a-248f, inclusive, this section, and 519
sections 38a-490a and 38a-516a. 520
[(h) Notwithstanding any provision of the general statutes or the 521
regulations of Connecticut state agencies, the signature on an 522
individualized family service plan of an advanced practice registered 523
nurse, working within said nurse's scope of practice in collaboration 524
with a physician licensed to practice medicine in this state, in 525
accordance with section 20-87a, and performing or directly supervising 526
the primary care services for children enrolled in the birth-to-three 527
program, shall be deemed sufficient to order all such services included 528
in the individualized family service plan and shall be deemed 529
sufficient by the Department of Social Services to substantiate a claim 530
for federal financial participation.] 531
Sec. 13. Section 10-520 of the general statutes is repealed. (Effective 532
from passage) 533
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 17b-749(a) to (c)
Sec. 2 July 1, 2019 19a-79
Sec. 3 July 1, 2019 19a-87b
Sec. 4 July 1, 2019 10-530
Sec. 5 July 1, 2019 19a-84
Sec. 6 July 1, 2019 19a-87e
Sec. 7 July 1, 2019 New section
Sec. 8 from passage 10-520a
Sec. 9 July 1, 2019 10-16p(d)(1)
Sec. 10 July 1, 2019 10-265n
Sec. 11 July 1, 2019 17a-248e(c) Raised Bill No. 936
LCO No. 4000 18 of 18
Sec. 12 July 1, 2019 17a-248g
Sec. 13 from passage Repealer section
Statement of Purpose:
To implement the recommendations of the Office of Early Childhood.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]