CT
Connecticut Senate Bill SB01035

Connecticut 2019 Regular Session

Connecticut Senate Bill SB01035 Compare Versions

Only one version of the bill is available at this time.
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55 General Assembly Raised Bill No. 1035
66 January Session, 2019
77 LCO No. 4609
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1010 Referred to Committee on PUBLIC HEALTH
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1313 Introduced by:
1414 (PH)
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1919 AN ACT AUTHORIZING D EEMED STATUS LICENSE RENEWALS FOR
2020 CERTAIN NONPROFIT CO MMUNITY SERVICE PROV IDERS.
2121 Be it enacted by the Senate and House of Representatives in General
2222 Assembly convened:
2323
2424 Section 1. Section 17a-20 of the general statutes is repealed and the 1
2525 following is substituted in lieu thereof (Effective October 1, 2019, and 2
2626 applicable to applications for renewal submitted after the adoption of 3
2727 regulations in accordance with this section): 4
2828 (a) For the purposes of this section, "psychiatric clinic" means an 5
2929 organization licensed by the Department of Children and Families and 6
3030 staffed by psychiatrists, psychologists, social workers and such other 7
3131 professional, paraprofessional and clerical personnel as local 8
3232 circumstances may require, working in collaboration with other social 9
3333 service agencies, to provide mental health services that are designed to 10
3434 (1) effectively decrease the prevalence and incidence of mental illness, 11
3535 emotional disturbance and social [disfunctioning] dysfunction, and (2) 12
3636 promote mental health in individuals, groups and institutions, and 13
3737 includes a general hospital with such clinic services. The Department 14
3838 of Children and Families shall develop and maintain a program of 15 Raised Bill No. 1035
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4444 outpatient psychiatric clinics for children and youths and their 16
4545 families. 17
4646 (b) For the purposes of this section, "child guidance clinic" means a 18
4747 subset of psychiatric clinics for children designated by the Department 19
4848 of Children and Families pursuant to this section to receive grant 20
4949 funds for the purpose of assisting the department to provide 21
5050 community-based psychiatric services for children, youths and 22
5151 families. In order to meet such mandate, the department shall 23
5252 designate a subset of outpatient psychiatric clinics for children to be 24
5353 known as child guidance clinics. The department shall provide grants 25
5454 to such child guidance clinics in accordance with the provisions of this 26
5555 section. Any town having a population of not less than forty thousand, 27
5656 as most recently determined by the Secretary of the Office of Policy 28
5757 and Management, or any combination of towns with a combined 29
5858 population of not less than forty thousand as similarly determined, or 30
5959 any nonprofit corporation organized or existing for the purpose of 31
6060 establishing or maintaining a psychiatric clinic for children and youths 32
6161 or for children and youths and their families, or any clinic designated 33
6262 by the Department of Children and Families as of January 1, 1995, may 34
6363 apply to the Department of Children and Families for funds to be used 35
6464 to assist in establishing, maintaining or expanding a psychiatric clinic. 36
6565 The applications, and any grant of funds pursuant thereto, shall not be 37
6666 subject to the provisions of section 17a-476, except to the extent 38
6767 required by federal law. The department shall base any grant of funds 39
6868 on the services provided to children and youths under eighteen years 40
6969 of age and on the effectiveness of the services. No grant shall exceed 41
7070 two-thirds of the ordinary recurring operating expenses of the clinic, 42
7171 nor shall any grant be made to pay for any portion of capital 43
7272 expenditures for the clinic. No clinic in existence as of October 1, 1995, 44
7373 shall be eligible for grants of any funds under this section unless it has 45
7474 obtained a license within six months of the adoption of regulations 46
7575 under subsection (c) of this section. No clinic receiving funds under 47
7676 this section shall refuse services to any resident of this state solely 48
7777 because of his or her place of residence. 49 Raised Bill No. 1035
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8383 (c) The Department of Children and Families shall adopt 50
8484 regulations, in accordance with the provisions of chapter 54, defining 51
8585 the minimum requirements for outpatient psychiatric clinics for 52
8686 children to be eligible for licensure under this section in regard to (1) 53
8787 qualification and number of staff members, (2) clinic operation, 54
8888 including, but not limited to physical plant, governing body and 55
8989 recordkeeping, (3) effectiveness of services, [and] (4) populations 56
9090 targeted for priority access, (5) national accrediting organizations that 57
9191 the department finds have standards that are more or at least as 58
9292 stringent for obtaining accreditation as the state requirements for 59
9393 obtaining a license under this section, and (6) any other provisions 60
9494 necessary to implement the provisions of subsection (d) of this section. 61
9595 The regulations shall also govern the granting of the funds to assist in 62
9696 establishing, maintaining and expanding psychiatric clinics. The 63
9797 regulations may also set an administrative fee sufficient to pay for the 64
9898 costs to the department of processing an application for a deemed 65
9999 status license under subsection (d) of this section. The department 66
100100 shall, upon payment of a fee of three hundred dollars, issue to any 67
101101 qualifying clinic a license that shall be in force for twenty-four months 68
102102 from the date of issue and, except as provided in subsection (d) of this 69
103103 section, shall be renewable for additional twenty-four-month periods, 70
104104 upon payment of a fee of three hundred dollars for each such period, 71
105105 provided the clinic continues to meet conditions satisfactory to the 72
106106 department. The department shall make available to child guidance 73
107107 clinics forms to be used in making application for available funds. 74
108108 Upon receipt of proper application, the department shall grant the 75
109109 funds, provided the plans for financing, the standards of operation and 76
110110 the effectiveness of services of the clinics are approved by the 77
111111 department in accordance with the provisions of this section. The 78
112112 grants shall be made on an annual basis. 79
113113 (d) In lieu of applying for renewal of a license under subsection (c) 80
114114 of this section, a clinic may, at the time when any renewal is due, 81
115115 submit evidence, satisfactory to the department, that such clinic has 82
116116 been accredited as a provider of outpatient psychiatric services within 83 Raised Bill No. 1035
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122122 the immediately preceding twelve-month period by a national 84
123123 accrediting organization that the department has listed in regulations 85
124124 adopted pursuant to subsection (c) of this section. The department 86
125125 may waive the inspection and investigation of such clinic required by 87
126126 this section and, in such event, any such clinic shall be deemed to have 88
127127 satisfied the requirements of this section for the purposes of licensure. 89
128128 Such deemed status license shall be valid for two years and shall not 90
129129 be transferable or assignable. The provisions of this subsection shall 91
130130 not be construed to limit the department's authority to inspect any 92
131131 clinic, suspend or revoke any license or deemed status license issued 93
132132 pursuant to this section or take any other legal action authorized by 94
133133 any provision of the general statutes. 95
134134 Sec. 2. Section 17a-145 of the general statutes is repealed and the 96
135135 following is substituted in lieu thereof (Effective October 1, 2019, and 97
136136 applicable to applications for renewal submitted after the adoption of 98
137137 regulations in accordance with this section): 99
138138 (a) No person or entity shall care for or board a child without a 100
139139 license obtained from the Commissioner of Children and Families, 101
140140 except: (1) When a child has been placed by a person or entity holding 102
141141 a license from the commissioner; (2) any residential educational 103
142142 institution exempted by the State Board of Education under the 104
143143 provisions of section 17a-152; (3) residential facilities under contract 105
144144 with or licensed by the Department of Developmen tal Services 106
145145 pursuant to section 17a-227, as amended by this act; (4) facilities 107
146146 providing child care services, as defined in section 19a-77; or (5) any 108
147147 home that houses students participating in a program described in 109
148148 subparagraph (B) of subdivision (8) of section 10a-29. 110
149149 (b) The person or entity seeking a child care facility license shall file 111
150150 with the commissioner an application for a license, in such form as the 112
151151 commissioner furnishes, stating the location where it is proposed to 113
152152 care for such child, the number of children to be cared for, in the case 114
153153 of a corporation, the purpose of the corporation and the names of its 115
154154 chief officers and of the actual person responsible for the child. The 116 Raised Bill No. 1035
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160160 Commissioner of Children and Families is authorized to fix the 117
161161 maximum number of children to be boarded and cared for in any such 118
162162 home or institution or by any person or entity licensed by the 119
163163 commissioner. If the population served at any facility, institution or 120
164164 home operated by any person or entity licensed under this section 121
165165 changes after such license is issued, such person or entity shall file a 122
166166 new license application with the commissioner, and the commissioner 123
167167 shall notify the chief executive officer of the municipality in which the 124
168168 facility is located of such new license application, except that no 125
169169 confidential client information may be disclosed. 126
170170 (c) In lieu of applying for the renewal of a license under this section, 127
171171 a person or entity may, at the time when any renewal is due, submit 128
172172 evidence, satisfactory to the commissioner, that such person or entity 129
173173 has been accredited as a provider of services within the immediately 130
174174 preceding twelve-month period by a national accrediting organization 131
175175 that the department has listed in regulations adopted pursuant to 132
176176 subsection (f) of this section. The commissioner may waive any 133
177177 inspection and investigation of such person or entity and, in such 134
178178 event, any such person or entity shall be deemed to have satisfied the 135
179179 requirements of this section for the purposes of licensure. Such 136
180180 deemed status license shall be valid for two years and shall not be 137
181181 transferable or assignable. The provisions of this subsection shall not 138
182182 be construed to limit the commissioner's authority to inspect any 139
183183 person or entity, suspend or revoke any license or deemed status 140
184184 license issued pursuant to this section or take any other legal action 141
185185 authorized by any provision of the general statutes. 142
186186 [(b)] (d) The Commissioner of Children and Families shall adopt 143
187187 regulations, in accordance with the provisions of chapter 54, (1) setting 144
188188 forth standards for the licensing of child care facilities, and (2) to 145
189189 implement the provisions of subsection (c) of this section. Such 146
190190 regulations setting forth licensing standards shall include, but not be 147
191191 limited to, minimum standards for [(1)] the physical requirements of 148
192192 such facilities, [(2)] the care and treatment of children cared for or 149
193193 boarded in such facilities, and [(3)] the staffing of such facilities. Such 150 Raised Bill No. 1035
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199199 regulations implementing the provision of subsection (c) of this section 151
200200 shall (A) list any national accrediting organizations that the 152
201201 commissioner finds have standards that are more or at least as 153
202202 stringent for obtaining accreditation as the state requirements for 154
203203 obtaining a license under this section, and (B) contain any other 155
204204 provisions necessary to implement the provisions of subsection (c) of 156
205205 this section. The regulations may also set an administrative fee 157
206206 sufficient to pay for the costs to the department of processing an 158
207207 application for a deemed status license under subsection (c) of this 159
208208 section. 160
209209 [(c)] (e) Each person or entity licensed by the commissioner 161
210210 pursuant to subsection (a) of this section shall designate an on-site staff 162
211211 member who shall apply a reasonable and prudent parent standard, as 163
212212 defined in subsection (a) of section 17a-114d, on behalf of the child. 164
213213 [(d)] (f) The Commissioner of Children and Families shall not be 165
214214 responsible for the licensing of any facility that does not board or care 166
215215 for children or youths under eighteen years of age. 167
216216 Sec. 3. Section 17a-147 of the general statutes is repealed and the 168
217217 following is substituted in lieu thereof (Effective October 1, 2019, and 169
218218 applicable to applications for renewal submitted after the adoption of 170
219219 regulations in accordance with this section): 171
220220 (a) For the purposes of this section and section 17a-22, "extended 172
221221 day treatment" means a supplementary care community -based 173
222222 program providing a comprehensive multidisciplinary approach to 174
223223 treatment and rehabilitation of emotionally disturbed, mentally ill, 175
224224 behaviorally disordered or multiply handicapped children and youths 176
225225 during the hours immediately before and after school while they 177
226226 reside with their parents or surrogate family. Extended day treatment 178
227227 programs, except any such program provided by a regional 179
228228 educational service center established in accordance with section 10-180
229229 66a, shall be licensed by the Department of Children and Families. 181
230230 (b) The goal of extended day treatment is to improve the 182 Raised Bill No. 1035
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236236 functioning of the child or youth as an individual and the family as a 183
237237 unit with the least possible interruption of beneficial relationships with 184
238238 the family and the community. An extended day treatment program 185
239239 (1) shall offer the broadest range of therapeutic services consistent with 186
240240 the needs of the children and youths it serves, including, but not 187
241241 limited to, (A) a therapeutic setting, (B) the integration of the family 188
242242 into the treatment and the treatment planning process, (C) support and 189
243243 emergency services to families designed to allow continued residence 190
244244 of the children and youths in their homes, (D) professional clinical 191
245245 services, (E) access to educational services, and (F) the coordination of 192
246246 community services in support of the treatment effort, or (2) if 193
247247 provided for children requiring special education by a regional 194
248248 educational service center, shall offer such services as are specified in 195
249249 the prescribed educational program for each such child in accordance 196
250250 with section 10-76d. 197
251251 (c) The Commissioner of Children and Families shall adopt such 198
252252 regulations, in accordance with chapter 54, as are necessary to establish 199
253253 procedures and requirements for the licensure of extended day 200
254254 treatment programs, except any such program provided by a regional 201
255255 educational service center. Such regulations shall (1) set forth an 202
256256 optional process for the provider of an extended day treatment 203
257257 program to apply for renewal of such license by submitting evidence, 204
258258 satisfactory to the commissioner, that such person or entity has been 205
259259 accredited as a provider of extended day treatment services within the 206
260260 immediately preceding twelve-month period by a national accrediting 207
261261 organization, (2) list the national accrediting organizations that the 208
262262 department finds have standards that are more or at least as stringent 209
263263 for obtaining accreditation as the state requirements for obtaining a 210
264264 license under this section, and (3) contain any other provisions 211
265265 necessary to implement this section. The regulations may also set an 212
266266 administrative fee sufficient to pay for the costs to the department of 213
267267 processing an application for a deemed status license. 214
268268 (d) After the adoption of regulations in accordance with this section, 215
269269 the commissioner may waive any inspection and investigation of a 216 Raised Bill No. 1035
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275275 provider of extended day treatment programs applying for a renewal 217
276276 of such license that is accredited in accordance with, and that satisfies 218
277277 any other requirements of, the regulations adopted under this section, 219
278278 and, in such event, any such provider shall be deemed to have satisfied 220
279279 the requirements of this section for the purposes of licensure. Such 221
280280 license shall not be transferable or assignable. The provisions of this 222
281281 subsection shall not be construed to limit the commissioner's authority 223
282282 to inspect any provider, suspend or revoke any license or deemed 224
283283 status license issued pursuant to this section or take any other legal 225
284284 action authorized by any provision of the general statutes. 226
285285 Sec. 4. Section 17a-149 of the general statutes is repealed and the 227
286286 following is substituted in lieu thereof (Effective October 1, 2019, and 228
287287 applicable to applications for renewal submitted after the adoption of 229
288288 regulations in accordance with section 17a-150): 230
289289 (a) No person or entity except a parent, an adult relative as specified 231
290290 by section 17b-75 or guardian of any child shall place a child without a 232
291291 license obtained from the Commissioner of Children and Families. 233
292292 Application for a child-placing license shall be in a form furnished by 234
293293 the commissioner, and shall state the location of the principal place of 235
294294 business of the applicant, its organization or corporate name, its 236
295295 purposes and the name, title and degree of professional training of 237
296296 each of its staff members engaged in carrying out its stated purposes. 238
297297 Any such applicant shall consent to such inspection, review and 239
298298 supervision of all acts in relation to child placing as are reasonably 240
299299 necessary to enable the commissioner to perform his or her duties 241
300300 under section 17a-151, as amended by this act. The provisions of this 242
301301 section with regard to the commissioner's authority to inspect, review 243
302302 and supervise all acts in relation to child placing under section 17a-151, 244
303303 as amended by this act, shall be limited to inspection, review and 245
304304 supervision of the applicant under this section and shall not include 246
305305 inspection, review or supervision of the homes in which a child is 247
306306 placed. 248
307307 (b) In lieu of applying for renewal of a license under this section, an 249 Raised Bill No. 1035
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313313 applicant may, at the time when any renewal is due, submit evidence, 250
314314 satisfactory to the commissioner, that such applicant has been 251
315315 accredited as a provider of child-placing services within the 252
316316 immediately preceding twelve-month period by a national accrediting 253
317317 organization that the department has listed in regulations adopted 254
318318 pursuant to section 17a-150, as amended by this act. The commissioner 255
319319 may waive any inspection and investigation of such applicant required 256
320320 under this section and, in such event, any such applicant shall be 257
321321 deemed to have satisfied the requirements of this section for the 258
322322 purposes of licensure. Such deemed status license shall be valid for 259
323323 two years and shall not be transferable or assignable. The provisions of 260
324324 this subsection shall not be construed to limit the commissioner's 261
325325 authority to inspect any applicant, suspend or revoke any license or 262
326326 deemed status license issued pursuant to this section or take any other 263
327327 legal action authorized by any provision of the general statutes. 264
328328 Sec. 5. Section 17a-150 of the general statutes is repealed and the 265
329329 following is substituted in lieu thereof (Effective October 1, 2019): 266
330330 The Commissioner of Children and Families shall adopt regulations 267
331331 in accordance with chapter 54 setting forth standards for licensing of 268
332332 child-placing agencies, as defined in section 17a-93. Such regulations 269
333333 shall (1) set minimum standards for homes in which children may be 270
334334 placed, (2) require that a child-placing agency have a minimum of two 271
335335 staff persons who are qualified by a combination of education and 272
336336 work experience, and (3) require that a child-placing agency be a 273
337337 nonprofit organization qualified as a tax-exempt organization under 274
338338 Section 501(c)(3) of the Internal Revenue Code of 1986, or any 275
339339 subsequent corresponding internal revenue code of the United States, 276
340340 as from time to time amended. Such regulations shall (A) set forth an 277
341341 optional process for persons or entities that place children to apply for 278
342342 renewal of their license by submitting evidence, satisfactory to the 279
343343 commissioner, that such person or entity has been accredited as a 280
344344 provider of child placement services within the immediately preceding 281
345345 twelve-month period by a national accrediting organization, (B) list the 282
346346 national accrediting organizations that the department finds have 283 Raised Bill No. 1035
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352352 standards that are more or at least as stringent for obtaining 284
353353 accreditation as the state requirements for obtaining a license under 285
354354 section 17a-149, as amended by this act, and (C) contain any other 286
355355 provisions necessary to implement the provisions of section 17a-149, as 287
356356 amended by this act. The regulations may also set an administrative 288
357357 fee sufficient to pay for the costs to the department of processing an 289
358358 application for a deemed status license under section 17a-149, as 290
359359 amended by this act. 291
360360 Sec. 6. Section 17a-151 of the general statutes is repealed and the 292
361361 following is substituted in lieu thereof (Effective October 1, 2019): 293
362362 (a) [The] Except as provided in subsection (b) of this section, the 294
363363 Commissioner of Children and Families shall investigate the 295
364364 conditions stated in each application made under the provisions of 296
365365 sections 17a-145 and 17a-149, as amended by this act, and shall require 297
366366 any person identified on the application under said sections to submit 298
367367 to state and national criminal history records checks. [The] Except as 299
368368 provided in subsection (b) of this section, the commissioner shall 300
369369 investigate the conditions in each application under the provisions of 301
370370 sections 17a-145 and 17a-149, as amended by this act, and, if the 302
371371 commissioner finds such conditions suitable for the proper care of 303
372372 children, or for the placing out of children, under such standards for 304
373373 the promotion of the health, safety, morality and well-being of such 305
374374 children as the commissioner prescribes, shall issue such license as is 306
375375 required as promptly as possible, without expense to the licensee. If, 307
376376 after such investigation, the commissioner finds that the applicant, 308
377377 notwithstanding good faith efforts, is not able to fully comply with all 309
378378 the requirements the commissioner prescribes, but compliance can be 310
379379 achieved with minimal efforts, the commissioner may issue a 311
380380 provisional license for a period not to exceed sixty days. The 312
381381 provisional license may be renewed for additional sixty-day periods, 313
382382 but in no event shall the total of such periods be for longer than one 314
383383 year. Before issuing any license, the commissioner shall give to the 315
384384 selectmen of the town wherein such licensee proposes to carry on the 316
385385 licensed activity ten days' notice in writing that the issuance of such 317 Raised Bill No. 1035
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391391 license is proposed, but such notice shall not be required in case of 318
392392 intention to issue such license to any corporation incorporated for the 319
393393 purpose of caring for or placing such children. Each license so issued 320
394394 shall specify whether it is granted for child-caring or child-placing 321
395395 purposes, shall state the number of children who may be cared for, 322
396396 shall be in force twenty-four months from date of issue, and shall be 323
397397 renewed for the ensuing twenty-four months, if conditions continue to 324
398398 be satisfactory to the commissioner. The commissioner shall also 325
399399 provide such periodical inspections and review as shall safeguard the 326
400400 well-being, health and morality of all children cared for or placed 327
401401 under a license issued by the commissioner under this section and 328
402402 shall visit and consult with each such child and with the licensee as 329
403403 often as the commissioner deems necessary but, for licenses other than 330
404404 deemed status licenses, at intervals of not more than ninety days. Each 331
405405 licensee under the provisions of this section shall file annually with the 332
406406 commissioner a report containing such information concerning its 333
407407 functions, services and operation, including financial data, as the 334
408408 commissioner requires. Any license issued under this section, 335
409409 including a deemed status license, may be revoked, suspended or 336
410410 limited by the commissioner for cause, after notice given to the person 337
411411 or entity concerned and after opportunity for a hearing thereon. Any 338
412412 party whose application is denied or whose license is revoked, 339
413413 suspended or limited by the commissioner may appeal from such 340
414414 adverse decision in accordance with the provisions of section 4-183. 341
415415 Appeals under this section shall be privileged in respect to the order of 342
416416 trial assignment. 343
417417 (b) The criminal history records checks required pursuant to 344
418418 subsection (a) of this section shall be conducted in accordance with 345
419419 section 29-17a. 346
420420 (c) The commissioner may waive any inspection and investigation 347
421421 of a person who is applying or who has obtained a deemed status 348
422422 license in accordance with the provisions of sections 17a-145 and 17a-349
423423 149, as amended by this act. 350 Raised Bill No. 1035
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429429 Sec. 7. Section 17a-227 of the general statutes is repealed and the 351
430430 following is substituted in lieu thereof (Effective October 1, 2019, and 352
431431 applicable to applications for renewal submitted after the adoption of 353
432432 regulations in accordance with this section): 354
433433 (a) No person, firm or corporation shall operate within this state a 355
434434 community living arrangement or community companion home which 356
435435 it owns, leases or rents for the lodging, care or treatment of persons 357
436436 with intellectual disability, Prader-Willi syndrome or autism spectrum 358
437437 disorder unless such person, firm or corporation, upon written 359
438438 application, has obtained a license issued by the Department of 360
439439 Developmental Services. An application for licensure under this 361
440440 section shall be verified by oath, but need not be notarized. 362
441441 (b) The commissioner shall adopt regulations, in accordance with 363
442442 the provisions of chapter 54, to ensure the comfort, safety, adequate 364
443443 medical care and treatment of such persons at the residential facilities 365
444444 described in subsection (a) of this section. Such regulations shall 366
445445 include requirements that: (1) All residential facility staff be certified in 367
446446 cardiopulmonary resuscitation in a manner and time frame prescribed 368
447447 by the commissioner; (2) records of staffing schedules and actual staff 369
448448 hours worked, by residential facility, be available for inspection by the 370
449449 department upon advance notice; (3) each residential facility develop 371
450450 and implement emergency plans and staff training to address 372
451451 emergencies that may pose a threat to the health and safety of the 373
452452 residents of the facility; (4) department staff verify during quality 374
453453 service reviews and licensing inspections, that (A) staff is adequately 375
454454 trained to respond in an emergency, and (B) a summary of information 376
455455 on each resident is available to emergency medical personnel for use in 377
456456 an emergency; (5) all residential facilities serving persons with Down 378
457457 syndrome fifty years of age or older have at least one staff member 379
458458 trained in Alzheimer's disease and dementia symptoms and care; and 380
459459 (6) for community living arrangements, the commissioner shall 381
460460 determine a minimum number of licensure-related visits that are 382
461461 unannounced. Such regulations shall also set forth an optional process 383
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468468 arrangement or community companion home within this state to apply 385
469469 for renewal of a license under this section by submitting evidence, 386
470470 satisfactory to the commissioner, that such person, firm or corporation 387
471471 has been accredited as a provider of services within the immediately 388
472472 preceding twelve-month period by a national accrediting organization, 389
473473 list the national accrediting organizations that the department finds 390
474474 have standards that are more or at least as stringent for obtaining 391
475475 accreditation as the state requirements for obtaining a license under 392
476476 this section, and contain any other provisions necessary to implement 393
477477 the provisions of this subsection. The regulations may also set an 394
478478 administrative fee sufficient to pay for the costs to the department of 395
479479 processing an application for a deemed status license under this 396
480480 section. 397
481481 (c) After receiving an application and making such investigation as 398
482482 is deemed necessary and after finding the specified requirements to 399
483483 have been fulfilled, the department shall grant a license to such 400
484484 applicant to operate a facility of the character described in such 401
485485 application, which license shall specify the name of the person to have 402
486486 charge and the location of each facility operated under the license. In 403
487487 the case of a renewal of such license, an applicant may, at the time 404
488488 when any such renewal is due, submit evidence, satisfactory to the 405
489489 department, that such applicant has been accredited as a provider of 406
490490 services within the immediately preceding twelve-month period by a 407
491491 national accrediting organization that the department has listed in 408
492492 regulations adopted pursuant to subsection (b) of this section. The 409
493493 department may waive any inspection and investigation of such 410
494494 applicant required under this section and, in such event, any such 411
495495 applicant shall be deemed to have satisfied the requirements of this 412
496496 section for the purposes of licensure. Such deemed status license shall 413
497497 be valid for two years and shall not be transferable or assignable. The 414
498498 provisions of this subsection shall not be construed to limit the 415
499499 department's authority to inspect any applicant, suspend or revoke 416
500500 any license or deemed status license issued pursuant to this section or 417
501501 take any other legal action authorized by any provision of the general 418 Raised Bill No. 1035
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507507 statutes. Any person, firm or corporation aggrieved by any 419
508508 requirement of the regulations or by the refusal to grant any license 420
509509 may request an administrative hearing in accordance with the 421
510510 provisions of chapter 54. If the licensee of any such facility desires to 422
511511 place in charge thereof a person other than the one specified in the 423
512512 license, application shall be made to the Department of Developmental 424
513513 Services, in the same manner as provided for the original application, 425
514514 for permission to make such change. Such application shall be acted 426
515515 upon not later than ten calendar days from the date of the filing of the 427
516516 application. Each such license shall be renewed annually upon such 428
517517 terms as may be established by regulations and may be revoked by the 429
518518 department upon proof that the facility for which such license was 430
519519 issued is being improperly operated, or for the violation of any of the 431
520520 provisions of this section or of the regulations adopted pursuant to this 432
521521 section, provided the licensee shall first be given a reasonable 433
522522 opportunity to be heard in reference to such proposed revocation. Any 434
523523 person, firm or corporation aggrieved by such revocation may request 435
524524 an administrative hearing in accordance with the provisions of chapter 436
525525 54. Each person, firm or corporation, upon filing an application under 437
526526 the provisions of this section for a license for a community living 438
527527 arrangement, shall pay to the State Treasurer the sum of fifty dollars 439
528528 unless such fee is waived by the commissioner. 440
529529 (d) The Department of Developmental Services may contract, within 441
530530 available appropriations, with any qualified provider for the operation 442
531531 of a community-based residential facility, provided the qualified 443
532532 provider is licensed by the department to operate such facilities, 444
533533 including a deemed status license. The department shall include in all 445
534534 contracts with such licensed qualified providers, provisions requiring 446
535535 the department to (1) conduct periodic reviews of contract 447
536536 performance, and (2) take progressive enforcement actions if the 448
537537 department finds poor performance or noncompliance with the 449
538538 contract, as follows: (A) The licensed qualified provider may be placed 450
539539 on a strict schedule of monitoring and oversight by the department; (B) 451
540540 the licensed qualified provider may be placed on a partial-year 452 Raised Bill No. 1035
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546546 contract; and (C) payments due under the contract may be reduced by 453
547547 specific amounts on a monthly basis until the licensed qualified 454
548548 provider complies with the contract. If compliance cannot be achieved, 455
549549 the department shall terminate the contract. 456
550550 (e) The department may contract with any person, firm or 457
551551 corporation to provide residential support services for persons with 458
552552 intellectual disability, Prader-Willi syndrome or autism spectrum 459
553553 disorder who reside in settings which are not licensed by the 460
554554 department. The commissioner shall adopt regulations, in accordance 461
555555 with the provisions of chapter 54, to ensure the safety, adequate 462
556556 supervision and support of persons receiving such residential support 463
557557 services. 464
558558 (f) Any person, firm or corporation who operates any facility 465
559559 contrary to the provisions of this section shall be fined not more than 466
560560 one thousand dollars or imprisoned not more than six months or both. 467
561561 Any person, firm or corporation who operates any facility contrary to 468
562562 the regulations adopted pursuant to subsection (b) of this section shall 469
563563 be fined not more than one thousand dollars. 470
564564 Sec. 8. Subsections (a) to (e), inclusive, of section 19a-491 of the 471
565565 general statutes are repealed and the following is substituted in lieu 472
566566 thereof (Effective October 1, 2019, and applicable to applications for renewal 473
567567 submitted after the adoption of regulations in accordance with this section): 474
568568 (a) No person acting individually or jointly with any other person 475
569569 shall establish, conduct, operate or maintain an institution in [this] the 476
570570 state without a license as required by this chapter, except for persons 477
571571 issued a license by the Commissioner of Children and Families 478
572572 pursuant to section 17a-145, as amended by this act, for the operation 479
573573 of (1) a substance abuse treatment facility, or (2) a facility for the 480
574574 purpose of caring for women during pregnancies and for women and 481
575575 their infants following such pregnancies. Application for such license 482
576576 shall (A) be made to the Department of Public Health upon forms 483
577577 provided by it, (B) be accompanied by the fee required under 484 Raised Bill No. 1035
578578
579579
580580
581581 LCO No. 4609 16 of 28
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583583 subsection (c), (d) or (e) of this section, (C) contain such information as 485
584584 the department requires, which may include affirmative evidence of 486
585585 ability to comply with reasonable standards and regulations 487
586586 prescribed under the provisions of this chapter or of a national 488
587587 accrediting organization listed in regulations adopted by the 489
588588 commissioner under subsection (b) of section 19a-493, as amended by 490
589589 this act, and (D) not be required to be notarized. The commissioner 491
590590 may require as a condition of licensure that an applicant sign a consent 492
591591 order providing reasonable assurances of compliance with the Public 493
592592 Health Code. The commissioner may issue more than one chronic 494
593593 disease hospital license to a single institution until such time as the 495
594594 state offers a rehabilitation hospital license. 496
595595 (b) If any person acting individually or jointly with any other person 497
596596 owns real property or any improvements thereon, upon or within 498
597597 which an institution, as defined in subsection (c) of section 19a-490, is 499
598598 established, conducted, operated or maintained and is not the licensee 500
599599 of the institution, such person shall submit a copy of the lease 501
600600 agreement to the department at the time of any change of ownership 502
601601 and with each license renewal application. The lease agreement shall, 503
602602 at a minimum, identify the person or entity responsible for the 504
603603 maintenance and repair of all buildings and structures within which 505
604604 such an institution is established, conducted or operated. If a violation 506
605605 is found as a result of an inspection or investigation, the commissioner 507
606606 may require the owner to sign a consent order providing assurances 508
607607 that repairs or improvements necessary for compliance with the 509
608608 provisions of the Public Health Code shall be completed within a 510
609609 specified period of time or may assess a civil penalty of not more than 511
610610 one thousand dollars for each day that such owner is in violation of the 512
611611 Public Health Code or a consent order. A consent order may include a 513
612612 provision for the establishment of a temporary manager of such real 514
613613 property who has the authority to complete any repairs or 515
614614 improvements required by such order. Upon request of the 516
615615 Commissioner of Public Health, the Attorney General may petition the 517
616616 Superior Court for such equitable and injunctive relief as such court 518 Raised Bill No. 1035
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618618
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622622 deems appropriate to ensure compliance with the provisions of a 519
623623 consent order. The provisions of this subsection shall not apply to any 520
624624 property or improvements owned by a person licensed in accordance 521
625625 with the provisions of subsection (a) of this section to establish, 522
626626 conduct, operate or maintain an institution on or within such property 523
627627 or improvements. 524
628628 (c) Notwithstanding any regulation other than the regulations 525
629629 adopted under subsection (b) of section 19a-493, as amended by this 526
630630 act, the Commissioner of Public Health shall charge the following fees 527
631631 for the biennial licensing and inspection of the following institutions: 528
632632 (1) Chronic and convalescent nursing homes, per site, four hundred 529
633633 forty dollars; (2) chronic and convalescent nursing homes, per bed, five 530
634634 dollars; (3) rest homes with nursing supervision, per site, four hundred 531
635635 forty dollars; (4) rest homes with nursing supervision, per bed, five 532
636636 dollars; (5) outpatient dialysis units and outpatient surgical facilities, 533
637637 six hundred twenty-five dollars; (6) mental health residential facilities, 534
638638 per site, three hundred seventy-five dollars; (7) mental health 535
639639 residential facilities, per bed, five dollars; (8) hospitals, per site, nine 536
640640 hundred forty dollars; (9) hospitals, per bed, seven dollars and fifty 537
641641 cents; (10) nonstate agency educational institutions, per infirmary, one 538
642642 hundred fifty dollars; (11) nonstate agency educational institutions, per 539
643643 infirmary bed, twenty-five dollars; (12) home health care agencies, 540
644644 except certified home health care agencies described in subsection (d) 541
645645 of this section, per agency, three hundred dollars; (13) home health 542
646646 care agencies, except certified home health care agencies described in 543
647647 subsection (d) of this section, per satellite patient service office, one 544
648648 hundred dollars; (14) assisted living services agencies, except such 545
649649 agencies participating in the congregate housing facility pilot program 546
650650 described in section 8-119n, per site, five hundred dollars; (15) short-547
651651 term hospitals special hospice, per site, nine hundred forty dollars; (16) 548
652652 short-term hospitals special hospice, per bed, seven dollars and fifty 549
653653 cents; (17) hospice inpatient facility, per site, four hundred forty 550
654654 dollars; and (18) hospice inpatient facility, per bed, five dollars. 551
655655 (d) Notwithstanding any regulation other than the regulations 552 Raised Bill No. 1035
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657657
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660660
661661 adopted under subsection (b) of section 19a-493, as amended by this 553
662662 act, the commissioner shall charge the following fees for the triennial 554
663663 licensing and inspection of the following institutions: (1) Residential 555
664664 care homes, per site, five hundred sixty-five dollars; (2) residential care 556
665665 homes, per bed, four dollars and fifty cents; (3) home health care 557
666666 agencies that are certified as a provider of services by the United States 558
667667 Department of Health and Human Services under the Medicare or 559
668668 Medicaid program, three hundred dollars; and (4) certified home 560
669669 health care agencies, as described in section 19a-493, as amended by 561
670670 this act, per satellite patient service office, one hundred dollars. 562
671671 (e) The commissioner shall charge one thousand dollars for the 563
672672 licensing and inspection every three years of outpatient clinics that 564
673673 provide either medical or mental health service, urgent care services 565
674674 and well-child clinical services, except those that have a deemed status 566
675675 license under section 19a-493, as amended by this act, or those 567
676676 operated by a municipal health [departments] department, health 568
677677 [districts] district or licensed nonprofit nursing or community health 569
678678 [agencies] agency. 570
679679 Sec. 9. Section 19a-493 of the general statutes is repealed and the 571
680680 following is substituted in lieu thereof (Effective October 1, 2019, and 572
681681 applicable to applications for renewal submitted after the adoption of 573
682682 regulations in accordance with this section): 574
683683 (a) Upon receipt of an application for an initial license, the 575
684684 Department of Public Health, subject to the provisions of section 19a-576
685685 491a, shall issue such license if, upon conducting a scheduled 577
686686 inspection and investigation, the department finds that the applicant 578
687687 and facilities meet the requirements established under section 19a-495, 579
688688 provided a license shall be issued to or renewed for an institution, as 580
689689 defined in section 19a-490, only if such institution is not otherwise 581
690690 required to be licensed by the state. If an institution, (1) as defined in 582
691691 subsections (b), (d), (e) and (f) of section 19a-490, applies for license 583
692692 renewal and has been certified as a provider of services by the United 584
693693 States Department of Health and Human Services under Medicare or 585 Raised Bill No. 1035
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695695
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697697 LCO No. 4609 19 of 28
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699699 Medicaid programs within the immediately preceding twelve-month 586
700700 period, [or if an institution,] (2) as defined in subsection (b) of section 587
701701 19a-490, is currently certified, or (3) as defined in subsections (g), (h) 588
702702 and (m) of section 19a-490, applies for license renewal and has been 589
703703 accredited as a provider of services within the immediately preceding 590
704704 twelve-month period by a national accrediting organization that the 591
705705 department has listed in regulations adopted pursuant to subsection 592
706706 (b) of this section, the commissioner or the commissioner's designee 593
707707 may waive on renewal the inspection and investigation of such facility 594
708708 required by this section and, in such event, any such facility shall be 595
709709 deemed to have satisfied the requirements of section 19a-495 for the 596
710710 purposes of licensure. Such license shall be valid for two years or a 597
711711 fraction thereof and shall terminate on March thirty-first, June 598
712712 thirtieth, September thirtieth or December thirty-first of the 599
713713 appropriate year. A license issued pursuant to this chapter, unless 600
714714 sooner suspended or revoked, shall be renewable biennially [(1)] (A) 601
715715 after an unscheduled inspection is conducted by the department, and 602
716716 [(2)] (B) upon the filing by the licensee, and approval by the 603
717717 department, of a report upon such date and containing such 604
718718 information in such form as the department prescribes and satisfactory 605
719719 evidence of continuing compliance with requirements established 606
720720 under section 19a-495. In the case of an institution, as defined in 607
721721 subsection (d) of section 19a-490, that is also certified as a provider 608
722722 under the Medicare program, the license shall be issued for a period 609
723723 not to exceed three years, to run concurrently with the certification 610
724724 period. Except in the case of a multicare institution, each license shall 611
725725 be issued only for the premises and persons named in the application. 612
726726 Such license shall not be transferable or assignable. Licenses shall be 613
727727 posted in a conspicuous place in the licensed premises. 614
728728 (b) The Commissioner of Public Health shall adopt regulations, in 615
729729 accordance with the provisions of chapter 54, to implement the 616
730730 provisions of subsection (a) of this section concerning licensure 617
731731 renewal for an institution, as defined in subsections (g), (h) and (m) of 618
732732 section 19a-490. Such regulations shall (1) list any national accrediting 619 Raised Bill No. 1035
733733
734734
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736736 LCO No. 4609 20 of 28
737737
738738 organizations that the department finds have standards that are more 620
739739 or at least as stringent for obtaining accreditation as the state 621
740740 requirements for obtaining a license under this section, and (2) contain 622
741741 any other provisions necessary to implement the provisions of 623
742742 subsection (a) of this section. The regulations may also set an 624
743743 administrative fee sufficient to pay for the costs to the department of 625
744744 processing an application for a deemed status license under subsection 626
745745 (a) of this section. 627
746746 [(b)] (c) (1) A nursing home license may be renewed biennially after 628
747747 (A) an unscheduled inspection conducted by the department, (B) 629
748748 submission of the information required by section 19a-491a, and (C) 630
749749 submission of evidence satisfactory to the department that the nursing 631
750750 home is in compliance with the provisions of this chapter, the Public 632
751751 Health Code and licensing regulations. 633
752752 (2) Any change in the ownership of a facility or institution, as 634
753753 defined in subsection (c) of section 19a-490, owned by an individual, 635
754754 partnership or association or the change in ownership or beneficial 636
755755 ownership of ten per cent or more of the stock of a corporation which 637
756756 owns, conducts, operates or maintains such facility or institution, shall 638
757757 be subject to prior approval of the department after a scheduled 639
758758 inspection of such facility or institution is conducted by the 640
759759 department, provided such approval shall be conditioned upon a 641
760760 showing by such facility or institution to the commissioner that it has 642
761761 complied with all requirements of this chapter, the regulations relating 643
762762 to licensure and all applicable requirements of the Public Health Code. 644
763763 Any such change in ownership or beneficial ownership resulting in a 645
764764 transfer to a person related by blood or marriage to such an owner or 646
765765 beneficial owner shall not be subject to prior approval of the 647
766766 department unless: (A) Ownership or beneficial ownership of ten per 648
767767 cent or more of the stock of a corporation, partnership or association 649
768768 which owns, conducts, operates or maintains more than one facility or 650
769769 institution is transferred; (B) ownership or beneficial ownership is 651
770770 transferred in more than one facility or institution; or (C) the facility or 652
771771 institution is the subject of a pending complaint, investigation or 653 Raised Bill No. 1035
772772
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775775 LCO No. 4609 21 of 28
776776
777777 licensure action. If the facility or institution is not in compliance, the 654
778778 commissioner may require the new owner to sign a consent order 655
779779 providing reasonable assurances that the violations shall be corrected 656
780780 within a specified period of time. Notice of any such proposed change 657
781781 of ownership shall be given to the department at least ninety days 658
782782 prior to the effective date of such proposed change. For the purposes of 659
783783 this subdivision, "a person related by blood or marriage" means a 660
784784 parent, spouse, child, brother, sister, aunt, uncle, niece or nephew. For 661
785785 the purposes of this subdivision, a change in the legal form of the 662
786786 ownership entity, including, but not limited to, changes from a 663
787787 corporation to a limited liability company, a partnership to a limited 664
788788 liability partnership, a sole proprietorship to a corporation and similar 665
789789 changes, shall not be considered a change of ownership if the 666
790790 beneficial ownership remains unchanged and the owner provides such 667
791791 information regarding the change to the department as may be 668
792792 required by the department in order to properly identify the current 669
793793 status of ownership and beneficial ownership of the facility or 670
794794 institution. For the purposes of this subdivision, a public offering of 671
795795 the stock of any corporation that owns, conducts, operates or 672
796796 maintains any such facility or institution shall not be considered a 673
797797 change in ownership or beneficial ownership of such facility or 674
798798 institution if the licensee and the officers and directors of such 675
799799 corporation remain unchanged, such public offering cannot result in 676
800800 an individual or entity owning ten per cent or more of the stock of 677
801801 such corporation, and the owner provides such information to the 678
802802 department as may be required by the department in order to properly 679
803803 identify the current status of ownership and beneficial ownership of 680
804804 the facility or institution. 681
805805 [(c)] (d) (1) A multicare institution may, under the terms of its 682
806806 existing license, provide behavioral health services or substance use 683
807807 disorder treatment services on the premises of more than one facility, 684
808808 at a satellite unit or at another location outside of its facilities or 685
809809 satellite units that is acceptable to the patient receiving services and is 686
810810 consistent with the patient's assessment and treatment plan. 687 Raised Bill No. 1035
811811
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814814 LCO No. 4609 22 of 28
815815
816816 (2) Any multicare institution that intends to offer services at a 688
817817 satellite unit or other location outside of its facilities or satellite units 689
818818 shall submit an application for approval to offer services at such 690
819819 location to the Department of Public Health. Such application shall be 691
820820 submitted on a form and in the manner prescribed by the 692
821821 Commissioner of Public Health. Not later than forty-five days after 693
822822 receipt of such application, the commissioner shall notify the multicare 694
823823 institution of the approval or denial of such application. If the satellite 695
824824 unit or other location is approved, that satellite unit or location shall be 696
825825 deemed to be licensed in accordance with this section and shall comply 697
826826 with the applicable requirements of this chapter and regulations 698
827827 adopted under this chapter. 699
828828 (3) The Commissioner of Public Health may adopt regulations, in 700
829829 accordance with the provisions of chapter 54, to carry out the 701
830830 provisions of this subsection. The Commissioner of Public Health may 702
831831 implement policies and procedures necessary to administer the 703
832832 provisions of this subsection while in the process of adopting such 704
833833 policies and procedures as regulation, provided the commissioner 705
834834 prints notice of intent to adopt regulations in the Connecticut Law 706
835835 Journal not later than twenty days after the date of implementation. 707
836836 Policies and procedures implemented pursuant to this section shall be 708
837837 valid until the time final regulations are adopted. 709
838838 Sec. 10. Section 19a-493c of the general statutes is repealed and the 710
839839 following is substituted in lieu thereof (Effective October 1, 2019, and 711
840840 applicable to applications for renewal submitted after the adoption of 712
841841 regulations in accordance with this section): 713
842842 (a) The Commissioner of Public Health shall license outpatient 714
843843 clinics, as defined in section 19a-490. In lieu of applying for the 715
844844 renewal of such license, an applicant may, at the time when any such 716
845845 renewal is due, submit evidence, satisfactory to the commissioner, that 717
846846 such applicant has been accredited as a provider of outpatient clinic 718
847847 services within the immediately preceding twelve-month period by a 719
848848 national accrediting organization that the commissioner has listed in 720 Raised Bill No. 1035
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850850
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854854 regulations adopted pursuant to this section. Any such applicant shall 721
855855 be deemed to have satisfied the requirements of this section for the 722
856856 purposes of licensure. Such deemed status license shall be valid for 723
857857 two years and shall not be transferable or assignable. The provisions of 724
858858 this subsection shall not be construed to limit the commissioner's 725
859859 authority to inspect any applicant, suspend or revoke any license or 726
860860 deemed status license issued pursuant to this section or take any other 727
861861 legal action authorized by any provision of the general statutes. 728
862862 (b) The commissioner [may] shall adopt regulations, in accordance 729
863863 with the provisions of chapter 54, to implement the provisions of this 730
864864 section. Such regulations shall (1) list any national accrediting 731
865865 organizations that the commissioner finds have standards that are 732
866866 more or at least as stringent for obtaining accreditation as the state 733
867867 requirements for obtaining a license under this section, and (2) contain 734
868868 any other provisions necessary to implement the provisions of 735
869869 subsection (a) of this section. The regulations may also set an 736
870870 administrative fee sufficient to pay for the costs to the department of 737
871871 processing an application for a deemed status license under subsection 738
872872 (a) of this section. The commissioner may waive any provision of the 739
873873 regulations for outpatient clinics. The commissioner may implement 740
874874 policies and procedures necessary to administer the provisions of this 741
875875 section while in the process of adopting such policies and procedures 742
876876 as regulations, except the regulations concerned deemed status 743
877877 licenses, provided notice of intent to adopt regulations is published in 744
878878 the Connecticut Law Journal not later than twenty days after the date 745
879879 of implementation. Policies and procedures implemented pursuant to 746
880880 this section shall be valid until the time final regulations are adopted. 747
881881 Sec. 11. Section 19a-507b of the general statutes is repealed and the 748
882882 following is substituted in lieu thereof (Effective October 1, 2019, and 749
883883 applicable to applications for renewal submitted after the adoption of 750
884884 regulations in accordance with this section): 751
885885 (a) No community residence shall be established on or after July 1, 752
886886 1984, within one thousand feet of any other community residence. If 753 Raised Bill No. 1035
887887
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890890 LCO No. 4609 24 of 28
891891
892892 more than one community residence is proposed to be established in 754
893893 any municipality, the total capacity of all community residences in the 755
894894 municipality in which such residence is proposed to be established 756
895895 shall not exceed one-tenth of one per cent of the population of such 757
896896 municipality. 758
897897 (b) Any resident of a municipality in which a community residence 759
898898 is or will be located may, through the chief executive officer of the 760
899899 municipality, or the legislative body of such municipality may, petition 761
900900 the Commissioner of Public Health to deny an application for a license 762
901901 to operate a community residence on the grounds that the operation of 763
902902 such a community residence would be in violation of the limits 764
903903 established under subsection (a) of this section. 765
904904 (c) An applicant for a license to operate a community residence shall 766
905905 mail a copy of the application made to the Department of Public 767
906906 Health to the regional mental health board and the governing body of 768
907907 the municipality in which the community residence is to be located, by 769
908908 certified mail, return receipt requested. All applications shall specify 770
909909 the number of community residences in the municipality, the address 771
910910 of each such residence and the number of residents in each and the 772
911911 address of the proposed community residence, and shall include 773
912912 population and occupancy statistics reflecting compliance with the 774
913913 limits established pursuant to subsection (a) of this section. 775
914914 (d) The Commissioner of Public Health shall not issue a license for a 776
915915 community residence until the applicant has submitted proof that the 777
916916 mailing required by subsection (c) of this section has been made and 778
917917 until at least thirty days have elapsed since the receipt of such mailing 779
918918 by all required recipients. 780
919919 (e) In the case of a renewal of such license, an applicant may, at the 781
920920 time when any renewal is due, submit evidence, satisfactory to the 782
921921 commissioner, that such applicant has been accredited as a provider of 783
922922 community residence services within the immediately preceding 784
923923 twelve-month period by a national accrediting organization that the 785 Raised Bill No. 1035
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925925
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929929 commissioner has listed in regulations adopted pursuant to this 786
930930 section. The commissioner may waive any inspection and investigation 787
931931 of such applicant required under this section and, in such event, any 788
932932 such applicant shall be deemed to have satisfied the requirements of 789
933933 this section for the purposes of licensure. Such license shall be valid for 790
934934 two years and shall not be transferable or assignable. The provisions of 791
935935 this subsection shall not be construed to limit the commissioner's 792
936936 authority to inspect any applicant, suspend or revoke any license or 793
937937 deemed status license issued pursuant to this section or take any other 794
938938 legal action authorized by any provision of the general statutes. 795
939939 (f) The Commissioner of Public Health shall adopt regulations, in 796
940940 accordance with the provisions of chapter 54, to implement the 797
941941 provisions of subsection (e) of this section concerning deemed status 798
942942 licensure for a community residence. Such regulations shall (1) list any 799
943943 national accrediting organizations that the commissioner finds have 800
944944 standards that are more or at least as stringent for obtaining 801
945945 accreditation as the state requirements for obtaining a license under 802
946946 this section, and (2) contain any other provisions necessary to 803
947947 implement the provisions of subsection (e) of this section. The 804
948948 regulations may also set an administrative fee sufficient to pay for the 805
949949 costs to the department of processing an application for a deemed 806
950950 status license under subsection (e) of this section. 807
951951 Sec. 12. Section 19a-507c of the general statutes is repealed and the 808
952952 following is substituted in lieu thereof (Effective October 1, 2019): 809
953953 A community residence shall be evaluated twice a year by the 810
954954 Department of Mental Health and Addiction Services, except that a 811
955955 community residence that has obtained deemed status licensure under 812
956956 section 19a-507b, as amended by this act, may be evaluated less 813
957957 frequently by the department or the accrediting organization listed by 814
958958 the Commissioner of Public Health in regulations adopted under 815
959959 subsection (f) of section 19a-507b, as amended by this act. Evaluations 816
960960 by said department shall include a review of individual client records 817
961961 and shall be sent to the Department of Public Health upon its request. 818 Raised Bill No. 1035
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965965 LCO No. 4609 26 of 28
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967967 Sec. 13. Section 19a-507g of the general statutes is repealed and the 819
968968 following is substituted in lieu thereof (Effective October 1, 2019, and 820
969969 applicable to applications for renewal submitted after the adoption of 821
970970 regulations in accordance with this section): 822
971971 (a) The Department of Social Services shall adopt regulations, in 823
972972 accordance with chapter 54, for the certification of adult day health 824
973973 care facilities. In establishing such regulations, the Department of 825
974974 Social Services shall consult with the Connecticut Association of Adult 826
975975 Day Centers and such other persons or entities it deems appropriate. 827
976976 In the case of a renewal of such certification, an applicant may, at the 828
977977 time when any renewal is due, submit evidence, satisfactory to the 829
978978 commissioner, that such applicant has been accredited as a provider of 830
979979 adult day health care services within the immediately preceding 831
980980 twelve-month period by a national accrediting organization that the 832
981981 department has listed in regulations adopted pursuant to this section. 833
982982 The department may waive any inspection and investigation of such 834
983983 applicant required under this section and, in such event, any such 835
984984 applicant shall be deemed to have satisfied the requirements of this 836
985985 section for the purposes of certification. Such certificate shall be valid 837
986986 for two years and shall not be transferable or assignable. The 838
987987 provisions of this subsection shall not be construed to limit the 839
988988 department's authority to inspect any applicant, suspend or revoke 840
989989 any certificate or deemed status certificate issued pursuant to this 841
990990 section or take any other legal action authorized by any provision of 842
991991 the general statutes. 843
992992 (b) The Department of Social Services shall adopt regulations, in 844
993993 accordance with the provisions of chapter 54, to implement the 845
994994 provisions of subsection (a) of this section concerning certification 846
995995 renewal for adult day health care facilities. Such regulations shall (1) 847
996996 list any national accrediting organizations that the department finds 848
997997 have standards that are more or at least as stringent for obtaining 849
998998 accreditation as the state requirements for obtaining certification under 850
999999 this section, and (2) contain any other provisions necessary to 851
10001000 implement the provisions of subsection (a) of this section. The 852 Raised Bill No. 1035
10011001
10021002
10031003
10041004 LCO No. 4609 27 of 28
10051005
10061006 regulations may also set an administrative fee sufficient to pay for the 853
10071007 costs to the department of processing an application for a deemed 854
10081008 status certificate under subsection (a) of this section. 855
10091009 This act shall take effect as follows and shall amend the following
10101010 sections:
10111011
10121012 Section 1 October 1, 2019, and
10131013 applicable to applications
10141014 for renewal submitted after
10151015 the adoption of regulations
10161016 in accordance with this
10171017 section
10181018 17a-20
10191019 Sec. 2 October 1, 2019, and
10201020 applicable to applications
10211021 for renewal submitted after
10221022 the adoption of regulations
10231023 in accordance with this
10241024 section
10251025 17a-145
10261026 Sec. 3 October 1, 2019, and
10271027 applicable to applications
10281028 for renewal submitted after
10291029 the adoption of regulations
10301030 in accordance with this
10311031 section
10321032 17a-147
10331033 Sec. 4 October 1, 2019, and
10341034 applicable to applications
10351035 for renewal submitted after
10361036 the adoption of regulations
10371037 in accordance with section
10381038 17a-150
10391039 17a-149
10401040 Sec. 5 October 1, 2019 17a-150
10411041 Sec. 6 October 1, 2019 17a-151
10421042 Sec. 7 October 1, 2019, and
10431043 applicable to applications
10441044 for renewal submitted after
10451045 the adoption of regulations
10461046 in accordance with this
10471047 section
10481048 17a-227 Raised Bill No. 1035
10491049
10501050
10511051
10521052 LCO No. 4609 28 of 28
10531053
10541054 Sec. 8 October 1, 2019, and
10551055 applicable to applications
10561056 for renewal submitted after
10571057 the adoption of regulations
10581058 in accordance with this
10591059 section
10601060 19a-491(a) to (e)
10611061 Sec. 9 October 1, 2019, and
10621062 applicable to applications
10631063 for renewal submitted after
10641064 the adoption of regulations
10651065 in accordance with this
10661066 section
10671067 19a-493
10681068 Sec. 10 October 1, 2019, and
10691069 applicable to applications
10701070 for renewal submitted after
10711071 the adoption of regulations
10721072 in accordance with this
10731073 section
10741074 19a-493c
10751075 Sec. 11 October 1, 2019, and
10761076 applicable to applications
10771077 for renewal submitted after
10781078 the adoption of regulations
10791079 in accordance with this
10801080 section
10811081 19a-507b
10821082 Sec. 12 October 1, 2019 19a-507c
10831083 Sec. 13 October 1, 2019, and
10841084 applicable to applications
10851085 for renewal submitted after
10861086 the adoption of regulations
10871087 in accordance with this
10881088 section
10891089 19a-507g
10901090
10911091 Statement of Purpose:
10921092 To reduce costs for nonprofit providers by providing a means for them
10931093 to forgo duplicative state licensing requirements for certain license and
10941094 certificate renewals if they are accredited by an accepted national
10951095 accrediting body that has requirements more stringent than the state's
10961096 requirements.
10971097 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
10981098 except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
10991099 not underlined.]
11001100