Substitute Senate Bill No. 936
Public Act No. 19-121
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
general statutes are repealed and the following is substituted in lieu
thereof (Effective July 1, 2019):
(a) The Commissioner of Early Childhood shall establish and
operate a child care subsidy program to increase the availability,
affordability and quality of child care services for families with a
parent or caretaker who (1) is working or attending high school, or (2)
receives cash assistance under the temporary family assistance
program from the Department of Social Services and is participating in
an education, training or other job preparation activity approved
pursuant to subsection (b) of section 17b-688i or subsection (b) of
section 17b-689d. Services available under the child care subsidy
program shall include the provision of child care subsidies for children
under the age of thirteen or children under the age of nineteen with
special needs. The Office of Early Childhood shall open and maintain
enrollment for the child care subsidy program and shall administer
such program within the existing budgetary resources available. The
office shall issue a notice on the office's Internet web site any time the Substitute Senate Bill No. 936
Public Act No. 19-121 2 of 21
office closes the program to new applications, changes eligibility
requirements, changes program benefits or makes any other change to
the program's status or terms, except the office shall not be required to
issue such notice when the office expands program eligibility. Any
change in the office's acceptance of new applications, eligibility
requirements, program benefits or any other change to the program's
status or terms for which the office is required to give notice pursuant
to this subsection, shall not be effective until thirty days after the office
issues such notice.
(b) The commissioner shall establish income standards for
applicants and recipients at a level to include a family with gross
income up to fifty per cent of the state-wide median income, except the
commissioner (1) may increase the income level [to up to seventy-five
per cent of the state-wide median income] up to the maximum level
allowed under federal law, (2) upon the request of the Commissioner
of Children and Families, may waive the income standards for
adoptive families so that children adopted on or after October 1, 1999,
from the Department of Children and Families are eligible for the child
care subsidy program, and (3) on and after March 1, 2003, shall reduce
the income eligibility level to up to fifty-five per cent of the state-wide
median income for applicants and recipients who qualify based on
their loss of eligibility for temporary family assistance. The
commissioner may adopt regulations in accordance with chapter 54 to
establish income criteria and durational requirements for such waiver
of income standards.
(c) The commissioner, in consultation with the Commissioner of
Social Services, shall establish eligibility and program standards
including, but not limited to: (1) A priority intake and eligibility
system with preference given to serving (A) recipients of temporary
family assistance who are employed or engaged in employment
activities under the Department of Social Services' "Jobs First" Substitute Senate Bill No. 936
Public Act No. 19-121 3 of 21
program, (B) working families whose temporary family assistance was
discontinued not more than five years prior to the date of application
for the child care subsidy program, (C) teen parents, (D) low-income
working families, (E) adoptive families of children who were adopted
from the Department of Children and Families and who are granted a
waiver of income standards under subdivision (2) of subsection (b) of
this section, and (F) working families who are at risk of welfare
dependency; [, and (G) any household with a child or children
participating in the Early Head Start-Child Care Partnership federal
grant program for a period of up to twelve months based on Early
Head Start eligibility criteria;] (2) health and safety standards for child
care providers not required to be licensed; (3) a reimbursement system
for child care services which account for differences in the age of the
child, number of children in the family, the geographic region and type
of care provided by licensed and unlicensed caregivers, the cost and
type of services provided by licensed and unlicensed caregivers,
successful completion of fifteen hours of annual in-service training or
credentialing of child care directors and administrators, and program
accreditation; (4) supplemental payment for special needs of the child
and extended nontraditional hours; (5) an annual rate review process
for providers which assures that reimbursement rates are maintained
at levels which permit equal access to a variety of child care settings;
(6) a sliding reimbursement scale for participating families; (7) an
administrative appeals process; (8) an administrative hearing process
to adjudicate cases of alleged fraud and abuse and to impose sanctions
and recover overpayments; (9) an extended period of program and
payment eligibility when a parent who is receiving a child care
subsidy experiences a temporary interruption in employment or other
approved activity; and (10) a waiting list for the child care subsidy
program that (A) allows the commissioner to exercise discretion in
prioritizing within and between existing priority groups, including,
but not limited to, children described in 45 CFR 98.46, as amended
from time to time, and households with an infant or toddler, and (B) Substitute Senate Bill No. 936
Public Act No. 19-121 4 of 21
reflects the priority and eligibility system set forth in subdivision (1) of
this subsection, which is reviewed periodically, with the inclusion of
this information in the annual report required to be issued annually by
the office to the Governor and the General Assembly in accordance
with section 17b-733. Such action will include, but not be limited to,
family income, age of child, region of state and length of time on such
waiting list.
Sec. 2. Section 19a-79 of the general statutes is amended by adding
subsection (f) as follows (Effective July 1, 2019):
(NEW) (f) Any child care center or group child care home may
provide child care services to a foster child for a period not to exceed
forty-five days without complying with any provision in regulations
adopted pursuant to this section relating to immunization and physical
examination requirements. Any child care center or group child care
home that provides child care services to a foster child at such center
or home under this subsection shall maintain a record on file of such
foster child for a period of two years after such foster child is no longer
receiving child care services at such center or home. For purposes of
this subsection, "foster child" means a child who is in the care and
custody of the Commissioner of Children and Families and placed in a
foster home licensed pursuant to section 17a-114, foster home
approved by a child-placing agency licensed pursuant to section 17a-
149, facility licensed pursuant to section 17a-145 or with a relative or
fictive kin caregiver pursuant to section 17a-114.
Sec. 3. Section 19a-87b of the general statutes is amended by adding
subsection (i) as follows (Effective July 1, 2019):
(NEW) (i) Any family child care home may provide child care
services to a foster child for a period not to exceed forty-five days
without complying with any provision in regulations adopted
pursuant to this section relating to immunization and physical Substitute Senate Bill No. 936
Public Act No. 19-121 5 of 21
examination requirements. Any family child care home that provides
child care services to a foster child at such home under this subsection
shall maintain a record on file of such foster child for a period of two
years after such foster child is no longer receiving child care services at
such home. For purposes of this subsection, "foster child" means a
child who is in the care and custody of the Commissioner of Children
and Families and placed in a foster home licensed pursuant to section
17a-114, foster home approved by a child-placing agency licensed
pursuant to section 17a-149, facility licensed pursuant to section 17a-
145 or with a relative or fictive kin caregiver pursuant to section 17a-
114.
Sec. 4. Section 10-530 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2019):
(a) As used in this section:
(1) "Child care facility" means a "child care center", "group child care
home" or "family child care home" that provides "child care services",
each as described in section 19a-77, or any provider of child care
services under the child care subsidy program established pursuant to
section 17b-749, as amended by this act;
(2) "Child care services provider or staff member" means any person
who is (A) a licensee, employee, volunteer or alternate staff, assistant,
substitute or household member of a child care facility, (B) a family
child care provider, or (C) any other person who provides child care
services under the child care subsidy program established pursuant to
section 17b-749, as amended by this act, but does not include a person
who is providing child care services under the child care subsidy
program (i) exclusively to children with whom such person is related,
and (ii) without being issued a license to provide child care services by
the Office of Early Childhood; and Substitute Senate Bill No. 936
Public Act No. 19-121 6 of 21
(3) "Family child care provider" means any person who provides
child care services under the child care subsidy program established
pursuant to section 17b-749, as amended by this act, (A) in a family
child care home, as defined in section 19a-77, or (B) in a home not
requiring a license pursuant to subdivision (4) of subsection (b) of
section 19a-77.
(b) The comprehensive background checks required pursuant to
subsection (c) of section 19a-80, subsection (c) of section 19a-87b, and
subsection (a) of section 17b-749k, shall be conducted at least once
every five years for each child care services provider or staff member
in accordance with the provisions of 45 CFR 98.43, as amended from
time to time.
(c) Any person who applies for a position at a child care facility in
the state shall not be required to submit to such comprehensive
background checks if such person (1) is an employee of a child care
facility in the state, or [was previously an employee of a child care
facility in the state during the previous one hundred eighty days] has
not been separated from employment as a child care services provider
or staff member in the state for a period of more than one hundred
eighty days, and (2) has successfully completed such comprehensive
background checks in the previous five years. Nothing in this section
prohibits the Commissioner of Early Childhood from requiring that
[an employee or prospective employee of a child care facility to] a
person applying for a position as a child care services provider or staff
member submit to comprehensive background checks more than once
during a five-year period. [For purposes of this section, "child care
facility" means a child care center, group child care home or family
child care home that provides "child care services", as described in
section 19a-77, and the home of a family child care provider, as defined
in section 17b-705.]
Sec. 5. Section 19a-84 of the general statutes is repealed and the Substitute Senate Bill No. 936
Public Act No. 19-121 7 of 21
following is substituted in lieu thereof (Effective July 1, 2019):
(a) When the Commissioner of Early Childhood has reason to
believe any person licensed under sections 19a-77 to 19a-80, inclusive,
and sections 19a-82 to 19a-87, inclusive, has failed substantially to
comply with the regulations adopted under said sections, the
commissioner may notify the licensee in writing of the commissioner's
intention to suspend or revoke the license or to impose a licensure
action. Such notice shall be served by certified mail stating the
particular reasons for the proposed action. The licensee may, if
aggrieved by such intended action, make application for a hearing in
writing over the licensee's signature to the commissioner. The licensee
shall state in the application in plain language the reasons why the
licensee claims to be aggrieved. The application shall be delivered to
the commissioner not later than thirty days after the licensee's receipt
of notification of the intended action. The commissioner shall
thereupon hold a hearing or cause a hearing to be held not later than
sixty days after receipt of such application and shall, at least ten days
prior to the date of such hearing, mail a notice, giving the time and
place of the hearing, to the licensee. The hearing may be conducted by
the commissioner or by a hearing officer appointed by the
commissioner in writing. The licensee and the commissioner or
hearing officer may issue subpoenas requiring the attendance of
witnesses. The licensee shall be entitled to be represented by counsel
and a transcript of the hearing shall be made. If the hearing is
conducted by a hearing officer, the hearing officer shall state the
hearing officer's findings and make a recommendation to the
commissioner on the issue of revocation or suspension or the intended
licensure action. The commissioner, based upon the findings and
recommendation of the hearing officer, or after a hearing conducted by
the commissioner, shall render the commissioner's decision in writing
suspending, revoking or continuing the license or regarding the
intended licensure action. A copy of the decision shall be sent by Substitute Senate Bill No. 936
Public Act No. 19-121 8 of 21
certified mail to the licensee. The decision revoking or suspending the
license or a decision imposing a licensure action shall become effective
thirty days after it is mailed by registered or certified mail to the
licensee. A licensee aggrieved by the decision of the commissioner may
appeal as provided in section 19a-85. Any licensee whose license has
been revoked pursuant to this subsection shall be ineligible to apply
for a license for a period of one year from the effective date of
revocation.
(b) The provisions of this section shall not apply to the denial of an
initial application for a license under sections 19a-77 to 19a-80,
inclusive, and 19a-82 to 19a-87, inclusive, provided the commissioner
shall notify the applicant of any such denial and the reasons for such
denial by mailing written notice to the applicant at the applicant's
address shown on the license application.
(c) If the commissioner finds that public health, safety or welfare
imperatively requires emergency action, and incorporates a finding to
that effect in his or her order, the commissioner may order summary
suspension or summary probation of a license issued under sections
19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive, pending
proceedings for revocation or other action. These proceedings shall be
promptly instituted and determined.
Sec. 6. Section 19a-87e of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2019):
(a) The Commissioner of Early Childhood may (1) refuse to license
under section 19a-87b, as amended by this act, a person to own,
conduct, operate or maintain a family child care home, as defined in
section 19a-77, (2) refuse to approve under section 19a-87b, as
amended by this act, a person to act as an assistant or substitute staff
member in a family child care home, as defined in section 19a-77, or (3)
suspend or revoke the license or approval or take any other action that Substitute Senate Bill No. 936
Public Act No. 19-121 9 of 21
may be set forth in regulation that may be adopted pursuant to section
19a-79, as amended by this act, if the person who owns, conducts,
maintains or operates the family child care home, the person who acts
as an assistant or substitute staff member in a family child care home, a
person employed in such family child care home in a position
connected with the provision of care to a child receiving child care
services or a household member, as defined in subsection (c) of section
19a-87b, who is sixteen years of age or older and resides therein, has
been convicted, in this state or any other state of a felony, as defined in
section 53a-25, involving the use, attempted use or threatened use of
physical force against another person, or has a criminal record in this
state or any other state that the commissioner reasonably believes
renders the person unsuitable to own, conduct, operate or maintain or
be employed by a family child care home, or act as an assistant or
substitute staff member in a family child care home, or if such persons
or a household member has been convicted in this state or any other
state of cruelty to persons under section 53-20, injury or risk of injury
to or impairing morals of children under section 53-21, abandonment
of children under the age of six years under section 53-23, or any
felony where the victim of the felony is a child under eighteen years of
age, a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-
72b or 53a-73a, illegal manufacture, distribution, sale, prescription,
dispensing or administration under section 21a-277 or 21a-278, or
illegal possession under section 21a-279, or if such person, a person
who acts as assistant or substitute staff member in a family child care
home or a person employed in such family child care home in a
position connected with the provision of care to a child receiving child
care services, either fails to substantially comply with the regulations
adopted pursuant to section 19a-87b, as amended by this act, or
conducts, operates or maintains the home in a manner which
endangers the health, safety and welfare of the children receiving child
care services. Any refusal of a license or approval pursuant to this
section shall be rendered in accordance with the provisions of sections Substitute Senate Bill No. 936
Public Act No. 19-121 10 of 21
46a-79 to 46a-81, inclusive. Any person whose license or approval has
been revoked pursuant to this section shall be ineligible to apply for a
license or approval for a period of one year from the effective date of
revocation.
(b) When the commissioner intends to suspend or revoke a license
or approval or take any other action against a license or approval set
forth in regulation adopted pursuant to section 19a-79, as amended by
this act, the commissioner shall notify the licensee or approved staff
member in writing of the commissioner's intended action. The licensee
or approved staff member may, if aggrieved by such intended action,
make application for a hearing in writing over the licensee's or
approved staff member's signature to the commissioner. The licensee
or approved staff member shall state in the application in plain
language the reasons why the licensee or approved staff member
claims to be aggrieved. The application shall be delivered to the
commissioner within thirty days of the licensee's or approved staff
member's receipt of notification of the intended action. The
commissioner shall thereupon hold a hearing within sixty days from
receipt of such application and shall, at least ten days prior to the date
of such hearing, mail a notice, giving the time and place of the hearing,
to the licensee or approved staff member. The provisions of this
subsection shall not apply to the denial of an initial application for a
license or approval under section 19a-87b, as amended by this act,
provided the commissioner shall notify the applicant of any such
denial and the reasons for such denial by mailing written notice to the
applicant at the applicant's address shown on the license or approval
application.
(c) Any person who is licensed to conduct, operate or maintain a
family child care home or approved to act as an assistant or substitute
staff member in a family child care home shall notify the commissioner
of any conviction of the owner, conductor, operator or maintainer of Substitute Senate Bill No. 936
Public Act No. 19-121 11 of 21
the family child care home or of any household member, as defined in
subsection (c) of section 19a-87b, who is sixteen years of age or older,
or any person employed in such family child care home in a position
connected with the provision of care to a child receiving child care
services, of a crime which affects the commissioner's discretion under
subsection (a) of this section, immediately upon obtaining knowledge
of such conviction. Failure to comply with the notification requirement
of this subsection may result in the suspension or revocation of the
license or approval or the taking of any other action against a license or
approval set forth in regulation adopted pursuant to section 19a-79, as
amended by this act, and shall subject the licensee or approved staff
member to a civil penalty of not more than one hundred dollars per
day for each day after the person obtained knowledge of the
conviction.
(d) It shall be a class A misdemeanor for any person seeking
employment in a position connected with the provision of care to a
child receiving family child care home services to make a false written
statement regarding prior criminal convictions pursuant to a form
bearing notice to the effect that such false statements are punishable,
which statement such person does not believe to be true and is
intended to mislead the prospective employer.
(e) Any person having reasonable cause to believe that a family
child care home, as defined in section 19a-77, is operating without a
current and valid license or in violation of the regulations adopted
under section 19a-87b, as amended by this act, or in a manner which
may pose a potential danger to the health, welfare and safety of a child
receiving child care services, may report such information to the Office
of Early Childhood. The office shall investigate any report or
complaint received pursuant to this subsection. The name of the
person making the report or complaint shall not be disclosed unless (1)
such person consents to such disclosure, (2) a judicial or administrative Substitute Senate Bill No. 936
Public Act No. 19-121 12 of 21
proceeding results from such report or complaint, or (3) a license
action pursuant to subsection (a) of this section results from such
report or complaint. All records obtained by the office in connection
with any such investigation shall not be subject to the provisions of
section 1-210 for a period of thirty days from the date of the petition or
other event initiating such investigation, or until such time as the
investigation is terminated pursuant to a withdrawal or other informal
disposition or until a hearing is convened pursuant to chapter 54,
whichever is earlier. A formal statement of charges issued by the office
shall be subject to the provisions of section 1-210 from the time that it is
served or mailed to the respondent. Records which are otherwise
public records shall not be deemed confidential merely because they
have been obtained in connection with an investigation under this
section.
(f) If the commissioner finds that public health, safety or welfare
imperatively requires emergency action, and incorporates a finding to
that effect in his or her order, the commissioner may order summary
suspension or summary probation of a license issued under section
19a-87b, as amended by this act, pending proceedings for revocation or
other action. These proceedings shall be promptly instituted and
determined.
Sec. 7. (NEW) (Effective July 1, 2019) (a) Any licensee child care
center or group child care home, as described in section 19a-77 of the
general statutes, that fails to provide written notice to (1) the Office of
Early Childhood, (2) all staff employed at such child care center or
group child care home, and (3) the parents or guardians of children
receiving child care services, as described in section 19a-77 of the
general statutes, at such child care center or group child care home, at
least thirty days prior to the effective date of a proposed closure of
such child care center or group child care home, shall be subject to a
civil penalty of not more than five thousand dollars. Substitute Senate Bill No. 936
Public Act No. 19-121 13 of 21
(b) If the Commissioner of Early Childhood has reason to believe
that a violation has occurred for which a civil penalty is authorized by
subsection (a) of this section, he or she may send to such licensee by
certified mail, return receipt requested, or personally serve upon such
licensee, a notice which shall include: (1) A reference to the section or
sections of the general statutes or regulations involved; (2) a short and
plain statement of the matters asserted or charged; (3) a statement of
the maximum civil penalty which may be imposed for such violation;
and (4) a statement of the licensee's right to request a hearing, such
request to be submitted in writing to the commissioner not later than
thirty days after the notice is mailed or served.
(c) If such licensee so requests, the commissioner shall cause a
hearing to be held. The hearing shall be held in accordance with the
provisions of chapter 54 of the general statutes. If such licensee fails to
request a hearing or fails to appear at the hearing or if, after the
hearing, the commissioner finds that the licensee has committed such
violation, the commissioner may, in his or her discretion, order that a
civil penalty be imposed that is not greater than the penalty stated in
the notice. The commissioner shall send a copy of any order issued
pursuant to this subsection by certified mail, return receipt requested,
to the licensee named in such order.
Sec. 8. Section 10-520a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
Not later than [July] January first, annually, the Office of Early
Childhood shall submit a report regarding the status of school
readiness program providers' compliance with the staff qualifications
requirement, described in subsection (b) of section 10-16p, to the joint
standing committee of the General Assembly having cognizance of
matters relating to education, in accordance with the provisions of
section 11-4a. Substitute Senate Bill No. 936
Public Act No. 19-121 14 of 21
Sec. 9. Subdivision (1) of subsection (d) of section 10-16p of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2019):
(d) (1) The commissioner shall establish a competitive grant
program to provide spaces in accredited school readiness programs or
school readiness programs seeking accreditation located in (A) an area
served by a priority school or a former priority school, (B) a town
ranked one to fifty when all towns are ranked in ascending order
according to town wealth, as defined in subdivision (26) of section 10-
262f, whose school district is not a priority school district pursuant to
section 10-266p, (C) a town formerly a town described in subparagraph
(B) of this subdivision, as provided for in subdivision (2) of this
subsection, or (D) a town designated as an alliance district, as defined
in section 10-262u, whose school district is not a priority school district
pursuant to section 10-266p. A town in which a priority school is
located, a regional school readiness council, pursuant to subsection (c)
of section 10-16r, for a region in which such a school is located or a
town described in subparagraph (B) of this subdivision may apply for
such a grant in an amount equal to the number of spaces in an
accredited school readiness program or a school readiness program
seeking accreditation multiplied by the per child cost set forth in
subdivision (1) of subsection (b) of section 10-16q. Eligibility shall be
determined for a [five-year] three-year period based on an applicant's
designation as having a priority school or being a town described in
subparagraph (B) of this subdivision for the initial year of application.
Grant awards shall be made annually contingent upon available
funding and a satisfactory annual evaluation. The chief elected official
of such town and the superintendent of schools of the school district or
the regional school readiness council shall submit a plan, as described
in subsection (c) of this section, for the expenditure of such grant funds
to the commissioner. In awarding grants pursuant to this subsection,
the commissioner shall give preference to applications submitted by Substitute Senate Bill No. 936
Public Act No. 19-121 15 of 21
regional school readiness councils and may, within available
appropriations, provide a grant to such town or regional school
readiness council that increases the number of spaces for eligible
children who reside in an area or town described in subparagraphs (A)
to (D), inclusive, of this subdivision, in an accredited school readiness
program or a school readiness program seeking accreditation. A town
or regional school readiness council awarded a grant pursuant to this
subsection shall use the funds to purchase spaces for such children
from providers of accredited school readiness programs or school
readiness programs seeking accreditation.
Sec. 10. Section 10-265n of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2019):
The Office of Early Childhood shall administer, within available
appropriations, an even start family literacy program [, in accordance
with the William F. Goodling Even Start Family Literacy Program
under the No Child Left Behind Act, P.L. 107-111,] to provide grants to
establish new or expand existing local family literacy programs that
provide literacy services for children and the parents or guardians of
such children.
Sec. 11. Subsection (c) of section 17a-248e of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July
1, 2019):
(c) The individualized family service plan shall be [developed in
consultation with the child's pediatrician or primary care physician]
signed by the child's pediatrician or a primary care provider or
qualified personnel, as those terms are defined in section 17a-248.
Sec. 12. Section 17a-248g of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2019):
(a) Subject to the provisions of this section, funds appropriated to Substitute Senate Bill No. 936
Public Act No. 19-121 16 of 21
the lead agency for purposes of section 17a-248, sections 17a-248b to
17a-248f, inclusive, this section and sections 38a-490a and 38a-516a
shall not be used to satisfy a financial commitment for services that
would have been paid from another public or private source but for
the enactment of said sections, except for federal funds available
pursuant to Part C of the Individuals with Disabilities Education Act,
20 USC 1431 et seq., except that whenever considered necessary to
prevent the delay in the receipt of appropriate early intervention
services by the eligible child or family in a timely fashion, funds
provided under said sections may be used to pay the service provider
pending reimbursement from the public or private source that has
ultimate responsibility for the payment.
(b) Nothing in section 17a-248, sections 17a-248b to 17a-248f,
inclusive, this section and sections 38a-490a and 38a-516a shall be
construed to permit the Department of Social Services or any other
state agency to reduce medical assistance pursuant to this chapter or
other assistance or services available to eligible children.
Notwithstanding any provision of the general statutes, costs incurred
for early intervention services that otherwise qualify as medical
assistance that are furnished to an eligible child who is also eligible for
benefits pursuant to this chapter shall be considered medical assistance
for purposes of payments to providers and state reimbursement to the
extent that federal financial participation is available for such services.
(c) Providers of early intervention services shall, in the first instance
and where applicable, seek payment from all third-party payers prior
to claiming payment from the birth-to-three system for services
rendered to eligible children, provided, for the purpose of seeking
payment from the Medicaid program or from other third-party payers
as agreed upon by the provider, the obligation to seek payment shall
not apply to a payment from a third-party payer who is not prohibited
from applying such payment, and who will apply such payment, to an Substitute Senate Bill No. 936
Public Act No. 19-121 17 of 21
annual or lifetime limit specified in the third-party payer's policy or
contract.
(d) The commissioner, in consultation with the Office of Policy and
Management and the Insurance Commissioner, shall adopt
regulations, pursuant to chapter 54, providing public reimbursement
for deductibles and copayments imposed under an insurance policy or
health benefit plan to the extent that such deductibles and copayments
are applicable to early intervention services.
(e) The commissioner shall establish and periodically revise, in
accordance with this section, a schedule of fees based on a sliding scale
for early intervention services. The schedule of fees shall consider the
cost of such services relative to the financial resources of the state and
the parents or legal guardians of eligible children, provided that on
and after October 6, 2009, the commissioner shall (1) charge fees to
such parents or legal guardians that are sixty per cent greater than the
amount of the fees charged on the date prior to October 6, 2009; and (2)
charge fees for all services provided, including those services provided
in the first two months following the enrollment of a child in the
program. Fees may be charged to any such parent or guardian,
regardless of income, and shall be charged to any such parent or
guardian with a gross annual family income of forty-five thousand
dollars or more, except that no fee may be charged to the parent or
guardian of a child who is eligible for Medicaid. Notwithstanding the
provisions of subdivision (8) of section 17a-248, as used in this
subsection, "parent" means the biological or adoptive parent or legal
guardian of any child receiving early intervention services. The lead
agency may assign its right to collect fees to a designee or provider
participating in the early intervention program and providing services
to a recipient in order to assist the provider in obtaining payment for
such services. The commissioner may implement procedures for the
collection of the schedule of fees while in the process of adopting or Substitute Senate Bill No. 936
Public Act No. 19-121 18 of 21
amending such criteria in regulation, provided the commissioner posts
notice of intention to adopt or amend the regulations on the
eRegulations System, established pursuant to section 4-173b, within
twenty days of implementing the policy. Such collection procedures
and schedule of fees shall be valid until the time the final regulations
or amendments are effective.
(f) The commissioner shall develop and implement procedures to
hold a recipient harmless for the impact of pursuit of payment for
early intervention services against lifetime insurance limits.
(g) Notwithstanding any provision of title 38a relating to the
permissible exclusion of payments for services under governmental
programs, no such exclusion shall apply with respect to payments
made pursuant to section 17a-248, sections 17a-248b to 17a-248f,
inclusive, this section and sections 38a-490a and 38a-516a. Except as
provided in this subsection, nothing in this section shall increase or
enhance coverages provided for within an insurance contract subject to
the provisions of section 10-94f, subsection (a) of section 10-94g,
subsection (a) of section 17a-219b, subsection (a) of section 17a-219c,
sections 17a-248, 17a-248b to 17a-248f, inclusive, this section, and
sections 38a-490a and 38a-516a.
[(h) Notwithstanding any provision of the general statutes or the
regulations of Connecticut state agencies, the signature on an
individualized family service plan of an advanced practice registered
nurse, working within said nurse's scope of practice in collaboration
with a physician licensed to practice medicine in this state, in
accordance with section 20-87a, and performing or directly supervising
the primary care services for children enrolled in the birth-to-three
program, shall be deemed sufficient to order all such services included
in the individualized family service plan and shall be deemed
sufficient by the Department of Social Services to substantiate a claim
for federal financial participation.] Substitute Senate Bill No. 936
Public Act No. 19-121 19 of 21
Sec. 13. (NEW) (Effective July 1, 2019) (a) Upon receipt of an
application for approval to work as a head teacher or an educational
consultant in a licensed child care center or group child care home, the
Commissioner of Early Childhood shall issue such approval to any
person who satisfies the requirements established by regulations
adopted pursuant to section 19a-79 of the general statutes, as amended
by this act.
(b) Whenever the Commissioner of Early Childhood has reason to
believe that any person who has been issued an approval to work as a
head teacher or an educational consultant in a licensed child care
center or group child care home, pursuant to subsection (a) of this
section, (1) has failed substantially to comply with the regulations
adopted pursuant to section 19a-79 of the general statutes, as amended
by this act, (2) has knowingly made or causes to be made any false or
misleading statements to the Office of Early Childhood, or (3) has
engaged in any other behavior that renders the person unsuitable to so
work as a head teacher or an educational consultant, the commissioner
may notify such person in writing of the commissioner's intention to
suspend or revoke such approval. Such notice shall be served by
certified mail stating the particular reasons for the intended
suspension or revocation. Such person may, if aggrieved by such
intended suspension or revocation, make application for a hearing in
writing over such person's signature to the commissioner. Such person
shall state in the application in plain language the reasons why such
person claims to be aggrieved. The application shall be delivered to the
commissioner not later than thirty days after such person's receipt of
notification of the intended suspension or revocation. The
commissioner shall thereupon hold a hearing or cause a hearing to be
held not later than sixty days after receipt of such application and
shall, at least ten days prior to the date of such hearing, mail a notice,
giving the time and place of the hearing, to such person. The hearing
may be conducted by the commissioner or by a hearing officer Substitute Senate Bill No. 936
Public Act No. 19-121 20 of 21
appointed by the commissioner in writing. Such person and the
commissioner or hearing officer may issue subpoenas requiring the
attendance of witnesses. Such person shall be entitled to be
represented by counsel and a transcript of the hearing shall be made. If
the hearing is conducted by a hearing officer, the hearing officer shall
state the hearing officer's findings and make a recommendation to the
commissioner on the issue of suspension or revocation. The
commissioner, based upon the findings and recommendation of the
hearing officer, or after a hearing conducted by the commissioner, shall
render the commissioner's decision in writing suspending, revoking or
continuing such approval. A copy of the decision shall be sent by
certified mail to such person. The decision suspending or revoking
such approval shall become effective thirty days after it is mailed by
registered or certified mail to such person. Any person aggrieved by
the decision of the commissioner may appeal as provided in section
19a-85 of the general statutes. Any person whose approval has been
revoked pursuant to this subsection shall be ineligible to apply for an
approval for a period of one year from the effective date of revocation.
(c) The provisions of this section shall not apply to the denial of an
initial application for an approval to work as a head teacher or an
educational consultant in a licensed child care center or group child
care home, pursuant to subsection (a) of this section, provided the
commissioner shall notify the applicant of any such denial and the
reasons for such denial by mailing written notice to the applicant at the
applicant's address shown on the application for such approval.
Sec. 14. (NEW) (Effective July 1, 2019) Any child care center or group
child care home that is licensed with a preschool endorsement, in
accordance with regulations adopted pursuant to section 19a-79 of the
general statutes, as amended by this act, may deem a child who is
thirty-two to thirty-six months of age, inclusive, to be three years of
age for purposes of enrolling such child in a preschool program Substitute Senate Bill No. 936
Public Act No. 19-121 21 of 21
provided by such center or home, provided such center or home
receives written authorization from such child's parent or guardian
and the program director to so enroll such child in the preschool
program.
Sec. 15. Section 10-520 of the general statutes is repealed. (Effective
from passage)