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General Assembly Substitute Bill No. 936
January Session, 2019
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE 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general statutes are repealed and the following is substituted in lieu 2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
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 Substitute Bill No. 936
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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
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 Substitute Bill No. 936
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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
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 Substitute Bill No. 936
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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 a foster child at such center 97
or home under this subsection shall maintain a record on file of such 98
foster child for a period of two years after such foster child is no longer 99
receiving child care services at such center or home. For purposes of 100
this subsection, "foster child" means a child who is in the care and 101
custody of the Commissioner of Children and Families and placed in a 102
foster home licensed pursuant to section 17a-114, foster home 103
approved by a child-placing agency licensed pursuant to section 17a-104
149 or facility licensed pursuant to section 17a-145. 105
Sec. 3. Section 19a-87b of the general statutes is amended by adding 106
subsection (i) as follows (Effective July 1, 2019): 107
(NEW) (i) Any family child care home may provide child care 108
services to a foster child for a period not to exceed forty-five days 109
without complying with any provision in regulations adopted 110
pursuant to this section relating to immunization and physical 111
examination requirements. Any family child care home that provides 112
child care services to a foster child at such home under this subsection 113
shall maintain a record on file of such foster child for a period of two 114
years after such foster child is no longer receiving child care services at 115
such home. For purposes of this subsection, "foster child" means a 116
child who is in the care and custody of the Commissioner of Children 117
and Families and placed in a foster home licensed pursuant to section 118
17a-114, foster home approved by a child-placing agency licensed 119 Substitute Bill No. 936
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pursuant to section 17a-149 or facility licensed pursuant to section 17a-120
145. 121
Sec. 4. Section 10-530 of the general statutes is repealed and the 122
following is substituted in lieu thereof (Effective July 1, 2019): 123
(a) As used in this section: 124
(1) "Child care facility" means a "child care center", "group child care 125
home" or "family child care home" that provides "child care services", 126
each as described in section 19a-77, or any provider of child care 127
services under the child care subsidy program established pursuant to 128
section 17b-749, as amended by this act; 129
(2) "Child care services provider or staff member" means any person 130
who is (A) a licensee, employee, volunteer or alternate staff, assistant, 131
substitute or household member of a child care facility, (B) a family 132
child care provider, or (C) any other person who provides child care 133
services under the child care subsidy program established pursuant to 134
section 17b-749, as amended by this act; and 135
(3) "Family child care provider" means any person who provides 136
child care services under the child care subsidy program established 137
pursuant to section 17b-749, as amended by this act, (A) in a family 138
child care home, as defined in section 19a-77, or (B) in a home not 139
requiring a license pursuant to subdivision (4) of subsection (b) of 140
section 19a-77. 141
(b) The comprehensive background checks required pursuant to 142
subsection (c) of section 19a-80, subsection (c) of section 19a-87b, and 143
subsection (a) of section 17b-749k, shall be conducted at least once 144
every five years for each child care services provider or staff member 145
in accordance with the provisions of 45 CFR 98.43, as amended from 146
time to time. 147
(c) Any person who applies for a position at a child care facility in 148
the state shall not be required to submit to such comprehensive 149 Substitute Bill No. 936
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background checks if such person (1) is an employee of a child care 150
facility in the state, or [was previously an employee of a child care 151
facility in the state during the previous one hundred eighty days] has 152
not been separated from employment as a child care services provider 153
or staff member in the state for a period of more than one hundred 154
eighty days, and (2) has successfully completed such comprehensive 155
background checks in the previous five years. Nothing in this section 156
prohibits the Commissioner of Early Childhood from requiring that 157
[an employee or prospective employee of a child care facility to] a 158
person applying for a position as a child care services provider or staff 159
member submit to comprehensive background checks more than once 160
during a five-year period. [For purposes of this section, "child care 161
facility" means a child care center, group child care home or family 162
child care home that provides "child care services", as described in 163
section 19a-77, and the home of a family child care provider, as defined 164
in section 17b-705.] 165
Sec. 5. Section 19a-84 of the general statutes is repealed and the 166
following is substituted in lieu thereof (Effective July 1, 2019): 167
(a) When the Commissioner of Early Childhood has reason to 168
believe any person licensed under sections 19a-77 to 19a-80, inclusive, 169
and sections 19a-82 to 19a-87, inclusive, has failed substantially to 170
comply with the regulations adopted under said sections, the 171
commissioner may notify the licensee in writing of the commissioner's 172
intention to suspend or revoke the license or to impose a licensure 173
action. Such notice shall be served by certified mail stating the 174
particular reasons for the proposed action. The licensee may, if 175
aggrieved by such intended action, make application for a hearing in 176
writing over the licensee's signature to the commissioner. The licensee 177
shall state in the application in plain language the reasons why the 178
licensee claims to be aggrieved. The application shall be delivered to 179
the commissioner not later than thirty days after the licensee's receipt 180
of notification of the intended action. The commissioner shall 181
thereupon hold a hearing or cause a hearing to be held not later than 182 Substitute Bill No. 936
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sixty days after receipt of such application and shall, at least ten days 183
prior to the date of such hearing, mail a notice, giving the time and 184
place of the hearing, to the licensee. The hearing may be conducted by 185
the commissioner or by a hearing officer appointed by the 186
commissioner in writing. The licensee and the commissioner or 187
hearing officer may issue subpoenas requiring the attendance of 188
witnesses. The licensee shall be entitled to be represented by counsel 189
and a transcript of the hearing shall be made. If the hearing is 190
conducted by a hearing officer, the hearing officer shall state the 191
hearing officer's findings and make a recommendation to the 192
commissioner on the issue of revocation or suspension or the intended 193
licensure action. The commissioner, based upon the findings and 194
recommendation of the hearing officer, or after a hearing conducted by 195
the commissioner, shall render the commissioner's decision in writing 196
suspending, revoking or continuing the license or regarding the 197
intended licensure action. A copy of the decision shall be sent by 198
certified mail to the licensee. The decision revoking or suspending the 199
license or a decision imposing a licensure action shall become effective 200
thirty days after it is mailed by registered or certified mail to the 201
licensee. A licensee aggrieved by the decision of the commissioner may 202
appeal as provided in section 19a-85. Any licensee whose license has 203
been revoked pursuant to this subsection shall be ineligible to apply 204
for a license for a period of one year from the effective date of 205
revocation. 206
(b) The provisions of this section shall not apply to the denial of an 207
initial application for a license under sections 19a-77 to 19a-80, 208
inclusive, and 19a-82 to 19a-87, inclusive, provided the commissioner 209
shall notify the applicant of any such denial and the reasons for such 210
denial by mailing written notice to the applicant at the applicant's 211
address shown on the license application. 212
(c) If the commissioner finds that public health, safety or welfare 213
imperatively requires emergency action, and incorporates a finding to 214
that effect in his or her order, the commissioner may order summary 215 Substitute Bill No. 936
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suspension or summary probation of a license issued under sections 216
19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive, pending 217
proceedings for revocation or other action. These proceedings shall be 218
promptly instituted and determined. 219
Sec. 6. Section 19a-87e of the general statutes is repealed and the 220
following is substituted in lieu thereof (Effective July 1, 2019): 221
(a) The Commissioner of Early Childhood may (1) refuse to license 222
under section 19a-87b, as amended by this act, a person to own, 223
conduct, operate or maintain a family child care home, as defined in 224
section 19a-77, (2) refuse to approve under section 19a-87b, as 225
amended by this act, a person to act as an assistant or substitute staff 226
member in a family child care home, as defined in section 19a-77, or (3) 227
suspend or revoke the license or approval or take any other action that 228
may be set forth in regulation that may be adopted pursuant to section 229
19a-79, as amended by this act, if the person who owns, conducts, 230
maintains or operates the family child care home, the person who acts 231
as an assistant or substitute staff member in a family child care home, a 232
person employed in such family child care home in a position 233
connected with the provision of care to a child receiving child care 234
services or a household member, as defined in subsection (c) of section 235
19a-87b, who is sixteen years of age or older and resides therein, has 236
been convicted, in this state or any other state of a felony, as defined in 237
section 53a-25, involving the use, attempted use or threatened use of 238
physical force against another person, or has a criminal record in this 239
state or any other state that the commissioner reasonably believes 240
renders the person unsuitable to own, conduct, operate or maintain or 241
be employed by a family child care home, or act as an assistant or 242
substitute staff member in a family child care home, or if such persons 243
or a household member has been convicted in this state or any other 244
state of cruelty to persons under section 53-20, injury or risk of injury 245
to or impairing morals of children under section 53-21, abandonment 246
of children under the age of six years under section 53-23, or any 247
felony where the victim of the felony is a child under eighteen years of 248 Substitute Bill No. 936
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age, a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-249
72b or 53a-73a, illegal manufacture, distribution, sale, prescription, 250
dispensing or administration under section 21a-277 or 21a-278, or 251
illegal possession under section 21a-279, or if such person, a person 252
who acts as assistant or substitute staff member in a family child care 253
home or a person employed in such family child care home in a 254
position connected with the provision of care to a child receiving child 255
care services, either fails to substantially comply with the regulations 256
adopted pursuant to section 19a-87b, as amended by this act, or 257
conducts, operates or maintains the home in a manner which 258
endangers the health, safety and welfare of the children receiving child 259
care services. Any refusal of a license or approval pursuant to this 260
section shall be rendered in accordance with the provisions of sections 261
46a-79 to 46a-81, inclusive. Any person whose license or approval has 262
been revoked pursuant to this section shall be ineligible to apply for a 263
license or approval for a period of one year from the effective date of 264
revocation. 265
(b) When the commissioner intends to suspend or revoke a license 266
or approval or take any other action against a license or approval set 267
forth in regulation adopted pursuant to section 19a-79, as amended by 268
this act, the commissioner shall notify the licensee or approved staff 269
member in writing of the commissioner's intended action. The licensee 270
or approved staff member may, if aggrieved by such intended action, 271
make application for a hearing in writing over the licensee's or 272
approved staff member's signature to the commissioner. The licensee 273
or approved staff member shall state in the application in plain 274
language the reasons why the licensee or approved staff member 275
claims to be aggrieved. The application shall be delivered to the 276
commissioner within thirty days of the licensee's or approved staff 277
member's receipt of notification of the intended action. The 278
commissioner shall thereupon hold a hearing within sixty days from 279
receipt of such application and shall, at least ten days prior to the date 280
of such hearing, mail a notice, giving the time and place of the hearing, 281
to the licensee or approved staff member. The provisions of this 282 Substitute Bill No. 936
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subsection shall not apply to the denial of an initial application for a 283
license or approval under section 19a-87b, as amended by this act, 284
provided the commissioner shall notify the applicant of any such 285
denial and the reasons for such denial by mailing written notice to the 286
applicant at the applicant's address shown on the license or approval 287
application. 288
(c) Any person who is licensed to conduct, operate or maintain a 289
family child care home or approved to act as an assistant or substitute 290
staff member in a family child care home shall notify the commissioner 291
of any conviction of the owner, conductor, operator or maintainer of 292
the family child care home or of any household member, as defined in 293
subsection (c) of section 19a-87b, who is sixteen years of age or older, 294
or any person employed in such family child care home in a position 295
connected with the provision of care to a child receiving child care 296
services, of a crime which affects the commissioner's discretion under 297
subsection (a) of this section, immediately upon obtaining knowledge 298
of such conviction. Failure to comply with the notification requirement 299
of this subsection may result in the suspension or revocation of the 300
license or approval or the taking of any other action against a license or 301
approval set forth in regulation adopted pursuant to section 19a-79, as 302
amended by this act, and shall subject the licensee or approved staff 303
member to a civil penalty of not more than one hundred dollars per 304
day for each day after the person obtained knowledge of the 305
conviction. 306
(d) It shall be a class A misdemeanor for any person seeking 307
employment in a position connected with the provision of care to a 308
child receiving family child care home services to make a false written 309
statement regarding prior criminal convictions pursuant to a form 310
bearing notice to the effect that such false statements are punishable, 311
which statement such person does not believe to be true and is 312
intended to mislead the prospective employer. 313
(e) Any person having reasonable cause to believe that a family 314
child care home, as defined in section 19a-77, is operating without a 315 Substitute Bill No. 936
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current and valid license or in violation of the regulations adopted 316
under section 19a-87b, as amended by this act, or in a manner which 317
may pose a potential danger to the health, welfare and safety of a child 318
receiving child care services, may report such information to the Office 319
of Early Childhood. The office shall investigate any report or 320
complaint received pursuant to this subsection. The name of the 321
person making the report or complaint shall not be disclosed unless (1) 322
such person consents to such disclosure, (2) a judicial or administrative 323
proceeding results from such report or complaint, or (3) a license 324
action pursuant to subsection (a) of this section results from such 325
report or complaint. All records obtained by the office in connection 326
with any such investigation shall not be subject to the provisions of 327
section 1-210 for a period of thirty days from the date of the petition or 328
other event initiating such investigation, or until such time as the 329
investigation is terminated pursuant to a withdrawal or other informal 330
disposition or until a hearing is convened pursuant to chapter 54, 331
whichever is earlier. A formal statement of charges issued by the office 332
shall be subject to the provisions of section 1-210 from the time that it is 333
served or mailed to the respondent. Records which are otherwise 334
public records shall not be deemed confidential merely because they 335
have been obtained in connection with an investigation under this 336
section. 337
(f) If the commissioner finds that public health, safety or welfare 338
imperatively requires emergency action, and incorporates a finding to 339
that effect in his or her order, the commissioner may order summary 340
suspension or summary probation of a license issued under section 341
19a-87b, as amended by this act, pending proceedings for revocation or 342
other action. These proceedings shall be promptly instituted and 343
determined. 344
Sec. 7. (NEW) (Effective July 1, 2019) (a) Any licensee child care 345
center or group child care home, as described in section 19a-77 of the 346
general statutes, that fails to provide written notice to (1) the Office of 347
Early Childhood, (2) all staff employed at such child care center or 348 Substitute Bill No. 936
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group child care home, and (3) the parents or guardians of children 349
receiving child care services, as described in section 19a-77 of the 350
general statutes, at such child care center or group child care home, at 351
least thirty days prior to the effective date of a proposed closure of 352
such child care center or group child care home, shall be subject to a 353
civil penalty of not more than five thousand dollars. 354
(b) If the Commissioner of Early Childhood has reason to believe 355
that a violation has occurred for which a civil penalty is authorized by 356
subsection (a) of this section, he or she may send to such licensee by 357
certified mail, return receipt requested, or personally serve upon such 358
licensee, a notice which shall include: (1) A reference to the section or 359
sections of the general statutes or regulations involved; (2) a short and 360
plain statement of the matters asserted or charged; (3) a statement of 361
the maximum civil penalty which may be imposed for such violation; 362
and (4) a statement of the licensee's right to request a hearing, such 363
request to be submitted in writing to the commissioner not later than 364
thirty days after the notice is mailed or served. 365
(c) If such licensee so requests, the commissioner shall cause a 366
hearing to be held. The hearing shall be held in accordance with the 367
provisions of chapter 54 of the general statutes. If such licensee fails to 368
request a hearing or fails to appear at the hearing or if, after the 369
hearing, the commissioner finds that the licensee has committed such 370
violation, the commissioner may, in his or her discretion, order that a 371
civil penalty be imposed that is not greater than the penalty stated in 372
the notice. The commissioner shall send a copy of any order issued 373
pursuant to this subsection by certified mail, return receipt requested, 374
to the licensee named in such order. 375
Sec. 8. Section 10-520a of the general statutes is repealed and the 376
following is substituted in lieu thereof (Effective from passage): 377
Not later than [July] January first, annually, the Office of Early 378
Childhood shall submit a report regarding the status of school 379
readiness program providers' compliance with the staff qualifications 380 Substitute Bill No. 936
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requirement, described in subsection (b) of section 10-16p, to the joint 381
standing committee of the General Assembly having cognizance of 382
matters relating to education, in accordance with the provisions of 383
section 11-4a. 384
Sec. 9. Subdivision (1) of subsection (d) of section 10-16p of the 385
general statutes is repealed and the following is substituted in lieu 386
thereof (Effective July 1, 2019): 387
(d) (1) The commissioner shall establish a competitive grant 388
program to provide spaces in accredited school readiness programs or 389
school readiness programs seeking accreditation located in (A) an area 390
served by a priority school or a former priority school, (B) a town 391
ranked one to fifty when all towns are ranked in ascending order 392
according to town wealth, as defined in subdivision (26) of section 10-393
262f, whose school district is not a priority school district pursuant to 394
section 10-266p, (C) a town formerly a town described in subparagraph 395
(B) of this subdivision, as provided for in subdivision (2) of this 396
subsection, or (D) a town designated as an alliance district, as defined 397
in section 10-262u, whose school district is not a priority school district 398
pursuant to section 10-266p. A town in which a priority school is 399
located, a regional school readiness council, pursuant to subsection (c) 400
of section 10-16r, for a region in which such a school is located or a 401
town described in subparagraph (B) of this subdivision may apply for 402
such a grant in an amount equal to the number of spaces in an 403
accredited school readiness program or a school readiness program 404
seeking accreditation multiplied by the per child cost set forth in 405
subdivision (1) of subsection (b) of section 10-16q. Eligibility shall be 406
determined for a [five-year] three-year period based on an applicant's 407
designation as having a priority school or being a town described in 408
subparagraph (B) of this subdivision for the initial year of application. 409
Grant awards shall be made annually contingent upon available 410
funding and a satisfactory annual evaluation. The chief elected official 411
of such town and the superintendent of schools of the school district or 412
the regional school readiness council shall submit a plan, as described 413 Substitute Bill No. 936
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in subsection (c) of this section, for the expenditure of such grant funds 414
to the commissioner. In awarding grants pursuant to this subsection, 415
the commissioner shall give preference to applications submitted by 416
regional school readiness councils and may, within available 417
appropriations, provide a grant to such town or regional school 418
readiness council that increases the number of spaces for eligible 419
children who reside in an area or town described in subparagraphs (A) 420
to (D), inclusive, of this subdivision, in an accredited school readiness 421
program or a school readiness program seeking accreditation. A town 422
or regional school readiness council awarded a grant pursuant to this 423
subsection shall use the funds to purchase spaces for such children 424
from providers of accredited school readiness programs or school 425
readiness programs seeking accreditation. 426
Sec. 10. Section 10-265n of the general statutes is repealed and the 427
following is substituted in lieu thereof (Effective July 1, 2019): 428
The Office of Early Childhood shall administer, within available 429
appropriations, an even start family literacy program [, in accordance 430
with the William F. Goodling Even Start Family Literacy Program 431
under the No Child Left Behind Act, P.L. 107-111,] to provide grants to 432
establish new or expand existing local family literacy programs that 433
provide literacy services for children and the parents or guardians of 434
such children. 435
Sec. 11. Subsection (c) of section 17a-248e of the general statutes is 436
repealed and the following is substituted in lieu thereof (Effective July 437
1, 2019): 438
(c) The individualized family service plan shall be [developed in 439
consultation with the child's pediatrician or primary care physician] 440
signed by the child's pediatrician or a primary care provider or 441
qualified personnel, as those terms are defined in section 17a-248. 442
Sec. 12. Section 17a-248g of the general statutes is repealed and the 443
following is substituted in lieu thereof (Effective July 1, 2019): 444 Substitute Bill No. 936
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(a) Subject to the provisions of this section, funds appropriated to 445
the lead agency for purposes of section 17a-248, sections 17a-248b to 446
17a-248f, inclusive, this section and sections 38a-490a and 38a-516a 447
shall not be used to satisfy a financial commitment for services that 448
would have been paid from another public or private source but for 449
the enactment of said sections, except for federal funds available 450
pursuant to Part C of the Individuals with Disabilities Education Act, 451
20 USC 1431 et seq., except that whenever considered necessary to 452
prevent the delay in the receipt of appropriate early intervention 453
services by the eligible child or family in a timely fashion, funds 454
provided under said sections may be used to pay the service provider 455
pending reimbursement from the public or private source that has 456
ultimate responsibility for the payment. 457
(b) Nothing in section 17a-248, sections 17a-248b to 17a-248f, 458
inclusive, this section and sections 38a-490a and 38a-516a shall be 459
construed to permit the Department of Social Services or any other 460
state agency to reduce medical assistance pursuant to this chapter or 461
other assistance or services available to eligible children. 462
Notwithstanding any provision of the general statutes, costs incurred 463
for early intervention services that otherwise qualify as medical 464
assistance that are furnished to an eligible child who is also eligible for 465
benefits pursuant to this chapter shall be considered medical assistance 466
for purposes of payments to providers and state reimbursement to the 467
extent that federal financial participation is available for such services. 468
(c) Providers of early intervention services shall, in the first instance 469
and where applicable, seek payment from all third-party payers prior 470
to claiming payment from the birth-to-three system for services 471
rendered to eligible children, provided, for the purpose of seeking 472
payment from the Medicaid program or from other third-party payers 473
as agreed upon by the provider, the obligation to seek payment shall 474
not apply to a payment from a third-party payer who is not prohibited 475
from applying such payment, and who will apply such payment, to an 476
annual or lifetime limit specified in the third-party payer's policy or 477 Substitute Bill No. 936
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contract. 478
(d) The commissioner, in consultation with the Office of Policy and 479
Management and the Insurance Commissioner, shall adopt 480
regulations, pursuant to chapter 54, providing public reimbursement 481
for deductibles and copayments imposed under an insurance policy or 482
health benefit plan to the extent that such deductibles and copayments 483
are applicable to early intervention services. 484
(e) The commissioner shall establish and periodically revise, in 485
accordance with this section, a schedule of fees based on a sliding scale 486
for early intervention services. The schedule of fees shall consider the 487
cost of such services relative to the financial resources of the state and 488
the parents or legal guardians of eligible children, provided that on 489
and after October 6, 2009, the commissioner shall (1) charge fees to 490
such parents or legal guardians that are sixty per cent greater than the 491
amount of the fees charged on the date prior to October 6, 2009; and (2) 492
charge fees for all services provided, including those services provided 493
in the first two months following the enrollment of a child in the 494
program. Fees may be charged to any such parent or guardian, 495
regardless of income, and shall be charged to any such parent or 496
guardian with a gross annual family income of forty-five thousand 497
dollars or more, except that no fee may be charged to the parent or 498
guardian of a child who is eligible for Medicaid. Notwithstanding the 499
provisions of subdivision (8) of section 17a-248, as used in this 500
subsection, "parent" means the biological or adoptive parent or legal 501
guardian of any child receiving early intervention services. The lead 502
agency may assign its right to collect fees to a designee or provider 503
participating in the early intervention program and providing services 504
to a recipient in order to assist the provider in obtaining payment for 505
such services. The commissioner may implement procedures for the 506
collection of the schedule of fees while in the process of adopting or 507
amending such criteria in regulation, provided the commissioner posts 508
notice of intention to adopt or amend the regulations on the 509
eRegulations System, established pursuant to section 4-173b, within 510 Substitute Bill No. 936
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twenty days of implementing the policy. Such collection procedures 511
and schedule of fees shall be valid until the time the final regulations 512
or amendments are effective. 513
(f) The commissioner shall develop and implement procedures to 514
hold a recipient harmless for the impact of pursuit of payment for 515
early intervention services against lifetime insurance limits. 516
(g) Notwithstanding any provision of title 38a relating to the 517
permissible exclusion of payments for services under governmental 518
programs, no such exclusion shall apply with respect to payments 519
made pursuant to section 17a-248, sections 17a-248b to 17a-248f, 520
inclusive, this section and sections 38a-490a and 38a-516a. Except as 521
provided in this subsection, nothing in this section shall increase or 522
enhance coverages provided for within an insurance contract subject to 523
the provisions of section 10-94f, subsection (a) of section 10-94g, 524
subsection (a) of section 17a-219b, subsection (a) of section 17a-219c, 525
sections 17a-248, 17a-248b to 17a-248f, inclusive, this section, and 526
sections 38a-490a and 38a-516a. 527
[(h) Notwithstanding any provision of the general statutes or the 528
regulations of Connecticut state agencies, the signature on an 529
individualized family service plan of an advanced practice registered 530
nurse, working within said nurse's scope of practice in collaboration 531
with a physician licensed to practice medicine in this state, in 532
accordance with section 20-87a, and performing or directly supervising 533
the primary care services for children enrolled in the birth-to-three 534
program, shall be deemed sufficient to order all such services included 535
in the individualized family service plan and shall be deemed 536
sufficient by the Department of Social Services to substantiate a claim 537
for federal financial participation.] 538
Sec. 13. Section 10-520 of the general statutes is repealed. (Effective 539
from passage) 540 Substitute Bill No. 936
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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)
Sec. 12 July 1, 2019 17a-248g
Sec. 13 from passage Repealer section
ED Joint Favorable Subst.