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General Assembly Governor's Bill No. 5020
February Session, 2020
LCO No. 677
Referred to Committee on PUBLIC HEALTH
Introduced by:
REP. ARESIMOWICZ, 30
th
Dist.
REP. RITTER M., 1
st
Dist.
SEN. LOONEY, 11
th
Dist.
SEN. DUFF, 25
th
Dist.
AN ACT IMPLEMENTING THE GOVERNOR'S BUDGE T
RECOMMENDATIONS REGA RDING PUBLIC HEALTH.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 21a-415 of the 2020 supplement to 1
the general statutes is repealed and the following is substituted in lieu 2
thereof (Effective January 1, 2021): 3
(a) As used in this chapter, [and section 53-344] and section 2 of this 4
act: 5
(1) "Authorized owner" means the owner or authorized designee of a 6
business entity that is applying for a registration or is registered with 7
the Department of Consumer Protection pursuant to this chapter; 8
(2) "Business entity" means any corporation, limited liability 9
company, association, partnership, sole proprietorship, government, 10
governmental subdivision or agency, business trust, estate, trust or any 11
other legal entity; 12 Governor's Bill No. 5020
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(3) "Dealer registration" means an electronic nicotine delivery system 13
certificate of dealer registration issued by the Commissioner of 14
Consumer Protection pursuant to this section; 15
(4) "Manufacturer registration" means an electronic nicotine delivery 16
system certificate of manufacturer registration issued by the 17
Commissioner of Consumer Protection pursuant to section 21a-415a to 18
any person who mixes, compounds, repackages or resizes any nicotine-19
containing electronic nicotine delivery system or vapor product; 20
(5) "Electronic cigarette liquid" means a liquid that, when used in an 21
electronic nicotine delivery system or vapor product, produces a vapor 22
that may or may not include nicotine and is inhaled by the user of such 23
electronic nicotine delivery system or vapor product; 24
(6) "Electronic nicotine delivery system" means an electronic device 25
used in the delivery of nicotine or other substances to a person inhaling 26
from the device, and includes, but is not limited to, an electronic 27
cigarette, electronic cigar, electronic cigarillo, electronic pipe or 28
electronic hookah and any related device and any cartridge or other 29
component of such device, including, but not limited to, electronic 30
cigarette liquid; 31
(7) "Vapor product" means any product that employs a heating 32
element, power source, electronic circuit or other electronic, chemical or 33
mechanical means, regardless of shape or size, to produce a vapor that 34
may include nicotine and is inhaled by the user of such product. "Vapor 35
product" does not include a medicinal or therapeutic product that is (A) 36
used by a licensed health care provider to treat a patient in a health care 37
setting, (B) used by a patient, as prescribed or directed by a licensed 38
health care provider in any setting, or (C) any drug or device, as defined 39
in the federal Food, Drug and Cosmetic Act, 21 USC 321, as amended 40
from time to time, any combination product, as described in said act, 21 41
USC 353(g), as amended from time to time, or any biological product, as 42
described in 42 USC 262, as amended from time to time, and 21 CFR 43
600.3, as amended from time to time, authorized for sale by the United 44 Governor's Bill No. 5020
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States Food and Drug Administration; 45
(8) "Sale" or "sell" means an act done intentionally by any person, 46
whether done as principal, proprietor, agent, servant or employee, of 47
transferring, or offering or attempting to transfer, for consideration, 48
including bartering or exchanging, or offering to barter or exchange; 49
[and] 50
(9) "Deliver" or "delivering" means an act done intentionally by any 51
person, whether as principal, proprietor, agent, servant or employee, of 52
transferring, or offering or attempting to transfer, physical possession 53
or control of an electronic nicotine delivery system or vapor product; 54
(10) "Flavoring agent" means an additive used in food or drugs when 55
such additive: (A) Is used in accordance with good manufacturing 56
practice principles and in the minimum quantity required to produce its 57
intended effect, (B) (i) consists of one or more ingredients generally 58
recognized as safe in food and drugs, (ii) has been previously sanctioned 59
for use in food and drugs by the state or the federal government, (iii) 60
meets United States Pharmacopeia standards, or (iv) is an additive 61
permitted for direct addition to food for human consumption pursuant 62
to 21 CFR 172, as amended from time to time, (C) is inert and produces 63
no effect other than the instillation or modification of flavor, and (D) is 64
not greater than five per cent of the total weight of the product; and 65
(11) "Person" means any individual, authorized owner of a business 66
entity, retail establishment, as defined in section 19a-106a, partnership, 67
company, limited liability company, public or private corporation, 68
society, association, trustee, executor, administrator or other fiduciary 69
or custodian. 70
Sec. 2. (NEW) (Effective January 1, 2021) (a) No person shall sell, give, 71
deliver or possess with intent to sell in this state an electronic nicotine 72
delivery system or a vapor product with a flavoring agent, other than 73
tobacco flavor, that has been added for the purpose of flavoring the 74
contents of the electronic nicotine delivery system or vapor product. 75 Governor's Bill No. 5020
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(b) (1) No person shall sell, give, deliver or possess with intent to sell 76
an electronic nicotine delivery system or a vapor product with a nicotine 77
content that is greater than 35 milligrams per milliliter. Each person with 78
a manufacturer registration shall provide to a person with a dealer 79
registration documentation indicating the nicotine content, expressed as 80
milligrams per milliliter, for each electronic nicotine delivery system 81
and vapor product sold by such person with a manufacturer registration 82
to such person with a dealer registration. 83
(2) Each business entity with a dealer registration shall (A) maintain 84
within the place of business identified in the business entity's 85
application for dealer registration documentation of the nicotine content 86
provided pursuant to subdivision (1) of this subsection by the person 87
with a manufacturer registration for each electronic nicotine delivery 88
system and vapor product sold, given or delivered by such person to 89
the business entity, and (B) provide such documentation at the request 90
of the Commissioner of Mental Health and Addiction Services, or the 91
commissioner's designee, during any unannounced compliance checks 92
conducted pursuant to section 21a-415b of the general statutes, as 93
amended by this act. 94
Sec. 3. Section 21a-415b of the 2020 supplement to the general statutes 95
is repealed and the following is substituted in lieu thereof (Effective 96
January 1, 2021): 97
(a) Each business entity with a dealer registration shall place and 98
maintain in legible condition at each point of sale of electronic nicotine 99
delivery systems or vapor products a notice to consumers that states (1) 100
the sale, giving or delivering of electronic nicotine delivery systems and 101
vapor products to any person under twenty-one years of age is 102
prohibited by section 53-344b, as amended by this act, (2) the use of false 103
identification by a person under twenty-one years of age to purchase an 104
electronic nicotine delivery system or a vapor product is prohibited, and 105
(3) the penalties and fines for violating the provisions of this section and 106
section 53-344b, as amended by this act. 107 Governor's Bill No. 5020
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(b) (1) The Commissioner of Mental Health and Addiction Services, 108
or the commissioner's designee, shall conduct unannounced compliance 109
checks on business entities holding a dealer registration by engaging 110
persons between the ages of sixteen and twenty to enter the place of 111
business of each such business entity to attempt to purchase an 112
electronic nicotine delivery system or a vapor product. The 113
commissioner shall conduct unannounced follow-up compliance checks 114
of all noncompliant business entities and shall refer all noncompliant 115
business entities to the Commissioner of Revenue Services. 116
(2) The Commissioner of Mental Health and Addiction Services, or 117
the commissioner's designee, shall conduct unannounced compliance 118
checks on business entities holding a dealer registration to determine 119
whether each such business entity is selling, giving or delivering or has 120
sold, given or delivered any electronic nicotine delivery system or vapor 121
product with a flavoring agent, other than tobacco flavor, that has been 122
added for the purpose of flavoring the contents of the electronic nicotine 123
delivery system or vapor product in violation of section 2 of this act. The 124
commissioner shall conduct unannounced follow-up compliance checks 125
of all noncompliant business entities and shall refer all noncompliant 126
business entities to the Commissioner of Revenue Services. 127
(3) The Commissioner of Mental Health and Addiction Services, or 128
the commissioner's designee, shall conduct unannounced compliance 129
checks on business entities holding a dealer registration to determine 130
whether the business entity is in possession of documentation of the 131
nicotine content provided by each person with a manufacturer 132
registration pursuant to section 2 of this act for each electronic nicotine 133
delivery system or vapor product sold, given or delivered within the 134
retail establishment of the business entity. The commissioner shall refer 135
all business entities that do not possess documentation of nicotine 136
content, or that possess documentation of nicotine content that indicates 137
a level of nicotine that is greater than 35 milligrams per milliliter, in 138
violation of section 2 of this act, to the Commissioner of Revenue 139
Services. 140 Governor's Bill No. 5020
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(c) Upon receipt of a referral made pursuant to subsection (b) of this 141
section, the Commissioner of Revenue Services may, following a 142
hearing, impose a civil penalty and direct the Commissioner of 143
Consumer Protection to suspend or revoke the dealer registration of the 144
business entity that is the subject of such referral. The Commissioner of 145
Revenue Services shall provide such business entity with written notice 146
of the hearing, specifying the time and place of such hearing and 147
requiring such business entity to show cause why such dealer 148
registration should not be suspended or revoked. The written notice of 149
the hearing shall be mailed or delivered to such business entity not less 150
than ten days preceding the date of the hearing. Such notice may be 151
served personally or by registered or certified mail. 152
(d) If the Commissioner of Revenue Services finds, after a hearing 153
pursuant to subsection (c) of this section, that any person employed by 154
any business entity issued a dealer registration under section 21a-415, 155
as amended by this act, has sold, given or delivered an electronic 156
nicotine delivery system or vapor product to a person under twenty-one 157
years of age, other than a person under twenty-one years of age who is 158
delivering or accepting delivery in such person's capacity as an 159
employee, said commissioner shall, for the first violation, require such 160
employee to successfully complete an online prevention education 161
program administered by the Department of Mental Health and 162
Addiction Services not later than thirty days after said commissioner's 163
finding. Said commissioner shall assess any employee who fails to 164
complete such program a civil penalty of [two] four hundred dollars. 165
Said commissioner shall assess any employee a civil penalty of [two 166
hundred fifty] five hundred dollars for a second or subsequent violation 167
on or before twenty-four months after the date of the first violation. 168
(e) If the Commissioner of Revenue Services finds, after a hearing 169
pursuant to subsection (c) of this section, that (1) any business entity 170
issued a dealer registration under section 21a-415, as amended by this 171
act, has sold, given or delivered an electronic nicotine delivery system 172
or vapor product to a person under twenty-one years of age, other than 173
a person under twenty-one years of age who is delivering or accepting 174 Governor's Bill No. 5020
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delivery in such person's capacity as an employee, or (2) such person's 175
employee has sold, given or delivered an electronic nicotine delivery 176
system or vapor product to a person under twenty-one years of age, the 177
commissioner shall, for the first violation, require the authorized owner 178
of such business entity to successfully complete an online prevention 179
education program administered by the Department of Mental Health 180
and Addiction Services not later than thirty days after said 181
commissioner's finding. Said commissioner shall assess any business 182
entity issued a dealer registration, whose authorized owner fails to 183
complete such program, a civil penalty of [three] six hundred dollars for 184
the first violation. Said commissioner shall assess such business entity a 185
civil penalty of [seven hundred fifty] one thousand five hundred dollars 186
for a second violation on or before twenty-four months after the date of 187
the first violation. For a third violation by such business entity on or 188
before twenty-four months after the date of the first violation, said 189
commissioner shall assess such business entity a civil penalty of [one] 190
two thousand dollars and notify the Commissioner of Consumer 191
Protection that the dealer registration held by such business entity 192
under this chapter shall be suspended for not less than thirty days. For 193
a fourth violation on or before twenty-four months after the date of the 194
first violation, the Commissioner of Revenue Services shall assess such 195
business entity a civil penalty of [one] two thousand dollars and notify 196
the Commissioner of Consumer Protection that the dealer registration 197
held by such business entity under said chapter shall be revoked. The 198
Commissioner of Revenue Services shall order such business entity to 199
conspicuously post a notice in a public place stating that electronic 200
nicotine delivery systems and vapor products cannot be sold during the 201
period of suspension or revocation and the reasons for such suspension 202
or revocation. Any sale of an electronic nicotine delivery system or 203
vapor product by such business entity during the period of such 204
suspension or revocation shall be deemed an additional violation of this 205
section. 206
(f) If the Commissioner of Revenue Services finds, after a hearing 207
pursuant to subsection (c) of this section, that (1) any business entity 208 Governor's Bill No. 5020
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issued a dealer registration under section 21a-415, as amended by this 209
act, has sold, given or delivered an electronic nicotine delivery system 210
or a vapor product with a flavoring agent, other than tobacco flavor, that 211
has been added for the purpose of flavoring the contents of the 212
electronic nicotine delivery system or vapor product, or (2) any such 213
business entity does not possess documentation of nicotine content, or 214
possesses documentation of nicotine content that indicates a level of 215
nicotine that is greater than 35 milligrams per milliliter for any electronic 216
nicotine delivery system or vapor product sold, given or delivered 217
within the retail establishment of the business entity, the commissioner 218
shall, for the first violation, require the authorized owner of such 219
business entity to successfully complete an online prevention education 220
program administered by the Department of Mental Health and 221
Addiction Services not later than thirty days after said commissioner's 222
finding. Said commissioner shall assess such business entity a civil 223
penalty of six hundred dollars for a first violation. Said commissioner 224
shall assess such business entity a civil penalty of one thousand five 225
hundred dollars for a second violation on or before twenty-four months 226
after the date of the first violation. For a third violation by such business 227
entity on or before twenty-four months after the date of the first 228
violation, said commissioner shall assess such business entity a civil 229
penalty of two thousand dollars and notify the Commissioner of 230
Consumer Protection that the dealer registration held by such business 231
entity under chapter 420g shall be suspended for not less than thirty 232
days. For a fourth violation on or before twenty-four months after the 233
date of the first violation, the Commissioner of Revenue Services shall 234
assess such business entity a civil penalty of two thousand dollars and 235
notify the Commissioner of Consumer Protection that the dealer 236
registration held by such business entity under said chapter shall be 237
revoked. The Commissioner of Revenue Services shall order such 238
business entity to conspicuously post a notice in a public place stating 239
that electronic nicotine delivery systems and vapor products cannot be 240
sold during the period of suspension or revocation and the reasons for 241
such suspension or revocation. Any sale of an electronic nicotine 242
delivery system or a vapor product by such business entity during the 243 Governor's Bill No. 5020
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period of such suspension or revocation shall be deemed an additional 244
violation of this section. 245
[(f)] (g) Upon receipt of notice of determination from the 246
Commissioner of Revenue Services made under subsection (e) or (f) of 247
this section, the Commissioner of Consumer Protection shall suspend or 248
revoke the dealer registration of the business entity that is the subject of 249
said determination. The Commissioner of Consumer Protection shall 250
not be required to hold a hearing in connection with any notice of 251
determination received from the Commissioner of Revenue Services 252
under this section. 253
[(g)] (h) The Commissioner of Consumer Protection shall not issue a 254
new dealer registration to a former registrant whose dealer registration 255
was revoked unless the commissioner is satisfied that such business 256
entity that holds a dealer registration will comply with the provisions of 257
this chapter and any regulations related thereto, and section 53-344b, as 258
amended by this act. 259
Sec. 4. Section 12-295a of the 2020 supplement to the general statutes 260
is repealed and the following is substituted in lieu thereof (Effective 261
January 1, 2021): 262
(a) If the Commissioner of Revenue Services finds, after a hearing, 263
that any person employed by a dealer or distributor, as defined in 264
section 12-285, has sold, given or delivered cigarettes or tobacco 265
products to a person under twenty-one years of age other than a person 266
under twenty-one years of age who is delivering or accepting delivery 267
in such person's capacity as an employee, said commissioner shall, for 268
the first violation, require such person to successfully complete an 269
online tobacco prevention education program administered by the 270
Department of Mental Health and Addiction Services not later than 271
thirty days after said commissioner's finding. Said commissioner shall 272
assess any person who fails to complete such program a civil penalty of 273
[two] four hundred dollars. Said commissioner shall assess any person 274
employed by a dealer or distributor a civil penalty of [two hundred fifty] 275 Governor's Bill No. 5020
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five hundred dollars for a second or subsequent violation on or before 276
twenty-four months after the date of the first violation. 277
(b) If the Commissioner of Revenue Services finds, after a hearing, 278
that any dealer or distributor has sold, given or delivered cigarettes or a 279
tobacco product to a person under twenty-one years of age other than a 280
person under twenty-one years of age who is delivering or accepting 281
delivery in such person's capacity as an employee, or such dealer or 282
distributor's employee has sold, given or delivered cigarettes or a 283
tobacco product to such person, said commissioner shall require such 284
dealer or distributor, for the first violation, to successfully complete an 285
online tobacco prevention education program administered by the 286
Department of Mental Health and Addiction Services not later than 287
thirty days after said commissioner's finding. Said commissioner shall 288
assess any dealer or distributor who fails to complete such program a 289
civil penalty of [three] six hundred dollars. Said commissioner shall 290
assess any dealer or distributor a civil penalty of [seven hundred fifty] 291
one thousand five hundred dollars for a second violation on or before 292
twenty-four months after the date of the first violation. For a third 293
violation on or before twenty-four months after the date of the first 294
violation, said commissioner shall assess such dealer or distributor a 295
civil penalty of [one] two thousand dollars and suspend any license held 296
by such dealer or distributor under this chapter for not less than thirty 297
days. For a fourth violation on or before twenty-four months after the 298
date of the first violation, said commissioner shall assess such dealer or 299
distributor a civil penalty of [one] two thousand dollars and revoke any 300
license issued to such dealer or distributor under this chapter. Said 301
commissioner shall order such distributor or dealer to conspicuously 302
post a notice in a public place within such distributor's or dealer's 303
establishment stating that cigarettes and tobacco products cannot be 304
sold during the period of such suspension or revocation and the reasons 305
for such suspension or revocation. Any sale of cigarettes or a tobacco 306
product by such dealer or distributor during such suspension or 307
revocation shall be deemed an additional violation of this subsection. 308
(c) If the Commissioner of Revenue Services finds, after a hearing, 309 Governor's Bill No. 5020
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that any owner of an establishment in which a cigarette vending 310
machine or restricted cigarette vending machine is located has sold, 311
given or delivered cigarettes or tobacco products from any such 312
machine to a person under twenty-one years of age other than a person 313
under twenty-one years of age who is delivering or accepting delivery 314
in such person's capacity as an employee, or has allowed cigarettes or 315
tobacco products to be sold, given or delivered to such person from any 316
such machine, said commissioner shall require such owner, for the first 317
violation, to successfully complete an online tobacco prevention 318
education program administered by the Department of Mental Health 319
and Addiction Services not later than thirty days after said 320
commissioner's finding. Said commissioner shall assess any owner who 321
fails to complete such program a civil penalty of [five hundred] one 322
thousand dollars. Said commissioner shall assess any owner a civil 323
penalty of [seven hundred fifty] one thousand five hundred dollars for 324
a second violation on or before twenty-four months after the date of the 325
first violation. For a third violation on or before twenty-four months 326
after the date of the first violation, said commissioner shall assess such 327
owner a civil penalty of [one] two thousand dollars and immediately 328
remove any such machine from such establishment and no such 329
machine may be placed in such establishment for a period of one year 330
following such removal. 331
(d) Any person aggrieved by any action of the commissioner 332
pursuant to this section may take any appeal of such action as provided 333
in sections 12-311 and 12-312. 334
Sec. 5. Subsection (b) of section 53-344 of the 2020 supplement to the 335
general statutes is repealed and the following is substituted in lieu 336
thereof (Effective January 1, 2021): 337
(b) Any person who sells, gives or delivers to any person under 338
twenty-one years of age cigarettes or a tobacco product shall be fined 339
not more than [three] six hundred dollars for the first offense, not more 340
than [seven hundred fifty] one thousand five hundred dollars for a 341
second offense on or before twenty-four months after the date of the first 342 Governor's Bill No. 5020
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offense and not more than [one] two thousand dollars for each 343
subsequent offense on or before twenty-four months after the date of the 344
first offense. The provisions of this subsection shall not apply to a person 345
under twenty-one years of age who is delivering or accepting delivery 346
of cigarettes or a tobacco product (1) in such person's capacity as an 347
employee, or (2) as part of a scientific study being conducted by an 348
organization for the purpose of medical research to further efforts in 349
cigarette and tobacco product use prevention and cessation, provided 350
such medical research has been approved by the organization's 351
institutional review board, as defined in section 21a-408. 352
Sec. 6. Subsection (b) of section 53-344b of the 2020 supplement to the 353
general statutes is repealed and the following is substituted in lieu 354
thereof (Effective January 1, 2021): 355
(b) Any person who sells, gives or delivers to any person under 356
twenty-one years of age an electronic nicotine delivery system or vapor 357
product in any form shall be fined not more than [three] six hundred 358
dollars for the first offense, not more than [seven hundred fifty] one 359
thousand five hundred dollars for a second offense on or before twenty-360
four months after the date of the first offense and not more than [one] 361
two thousand dollars for each subsequent offense on or before twenty-362
four months after the date of the first offense. The provisions of this 363
subsection shall not apply to a person under twenty-one years of age 364
who is delivering or accepting delivery of an electronic nicotine delivery 365
system or vapor product (1) in such person's capacity as an employee, 366
or (2) as part of a scientific study being conducted by an organization 367
for the purpose of medical research to further efforts in tobacco use 368
prevention and cessation, provided such medical research has been 369
approved by the organization's institutional review board, as defined in 370
section 21a-408. 371
Sec. 7. Subsection (c) of section 38a-1083 of the general statutes is 372
repealed and the following is substituted in lieu thereof (Effective from 373
passage): 374 Governor's Bill No. 5020
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(c) The exchange is authorized and empowered to: 375
(1) Have perpetual succession as a body politic and corporate and to 376
adopt bylaws for the regulation of its affairs and the conduct of its 377
business; 378
(2) Adopt an official seal and alter the same at pleasure; 379
(3) Maintain an office in the state at such place or places as it may 380
designate; 381
(4) Employ such assistants, agents, managers and other employees as 382
may be necessary or desirable; 383
(5) Acquire, lease, purchase, own, manage, hold and dispose of real 384
and personal property, and lease, convey or deal in or enter into 385
agreements with respect to such property on any terms necessary or 386
incidental to the carrying out of these purposes, provided all such 387
acquisitions of real property for the exchange's own use with amounts 388
appropriated by this state to the exchange or with the proceeds of bonds 389
supported by the full faith and credit of this state shall be subject to the 390
approval of the Secretary of the Office of Policy and Management and 391
the provisions of section 4b-23; 392
(6) Receive and accept, from any source, aid or contributions, 393
including money, property, labor and other things of value; 394
(7) Charge assessments or user fees to health carriers that are capable 395
of offering a qualified health plan through the exchange or otherwise 396
generate funding necessary to support the operations of the exchange 397
and the all-payer claims database program established under section 398
19a-755a and impose interest and penalties on such health carriers for 399
delinquent payments of such assessments or fees; 400
(8) Procure insurance against loss in connection with its property and 401
other assets in such amounts and from such insurers as it deems 402
desirable; 403 Governor's Bill No. 5020
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(9) Invest any funds not needed for immediate use or disbursement 404
in obligations issued or guaranteed by the United States of America or 405
the state and in obligations that are legal investments for savings banks 406
in the state; 407
(10) Issue bonds, bond anticipation notes and other obligations of the 408
exchange for any of its corporate purposes, and to fund or refund the 409
same and provide for the rights of the holders thereof, and to secure the 410
same by pledge of revenues, notes and mortgages of others; 411
(11) Borrow money for the purpose of obtaining working capital; 412
(12) Account for and audit funds of the exchange and any recipients 413
of funds from the exchange; 414
(13) Make and enter into any contract or agreement necessary or 415
incidental to the performance of its duties and execution of its powers, 416
including, but not limited to, an agreement with the Office of Health 417
Strategy to use funds collected under this section for the operation of 418
the all-payer claims database established under section 19a-755a and to 419
receive data from such database. The contracts entered into by the 420
exchange shall not be subject to the approval of any other state 421
department, office or agency, provided copies of all contracts of the 422
exchange shall be maintained by the exchange as public records, subject 423
to the proprietary rights of any party to the contract, except any 424
agreement with the Office of Health Strategy shall be subject to approval 425
by said office and the Office of Policy and Management and no portion 426
of such agreement shall be considered proprietary; 427
(14) To the extent permitted under its contract with other persons, 428
consent to any termination, modification, forgiveness or other change of 429
any term of any contractual right, payment, royalty, contract or 430
agreement of any kind to which the exchange is a party; 431
(15) Award grants to trained and certified individuals and 432
institutions that will assist individuals, families and small employers 433
and their employees in enrolling in appropriate coverage through the 434 Governor's Bill No. 5020
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exchange. Applications for grants from the exchange shall be made on 435
a form prescribed by the board; 436
(16) Limit the number of plans offered, and use selective criteria in 437
determining which plans to offer, through the exchange, provided 438
individuals and employers have an adequate number and selection of 439
choices; 440
(17) Evaluate jointly with the Health Care Cabinet established 441
pursuant to section 19a-725 the feasibility of implementing a basic 442
health program option as set forth in Section 1331 of the Affordable Care 443
Act; 444
(18) Establish one or more subsidiaries, in accordance with section 445
38a-1093, to further the purposes of the exchange; 446
(19) Make loans to each subsidiary established pursuant to section 447
38a-1093 from the assets of the exchange and the proceeds of bonds, 448
bond anticipation notes and other obligations issued by the exchange or 449
assign or transfer to such subsidiary any of the rights, moneys or other 450
assets of the exchange, provided such assignment or transfer is not in 451
violation of state or federal law; 452
(20) Sue and be sued, plead and be impleaded; 453
(21) Adopt regular procedures that are not in conflict with other 454
provisions of the general statutes, for exercising the power of the 455
exchange; and 456
(22) Do all acts and things necessary and convenient to carry out the 457
purposes of the exchange, provided such acts or things shall not conflict 458
with the provisions of the Affordable Care Act, regulations adopted 459
thereunder or federal guidance issued pursuant to the Affordable Care 460
Act. 461
(d) (1) The chief executive officer of the exchange shall provide to the 462
commissioner the name of any health carrier that fails to pay any 463
assessment or user fee under subdivision (7) of subsection (c) of this 464 Governor's Bill No. 5020
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section to the exchange. The commissioner shall see that all laws 465
respecting the authority of the exchange pursuant to said subdivision 466
(7) are faithfully executed. The commissioner has all the powers 467
specifically granted under this title and all further powers that are 468
reasonable and necessary to enable the commissioner to enforce the 469
provisions of said subdivision (7). 470
(2) Any health carrier aggrieved by an administrative action taken by 471
the commissioner under subdivision (1) of this subsection may appeal 472
therefrom in accordance with the provisions of section 4-183, except 473
venue for such appeal shall be in the judicial district of New Britain. 474
Sec. 8. Subsection (a) of section 19a-490 of the 2020 supplement to the 475
general statutes is repealed and the following is substituted in lieu 476
thereof (Effective April 1, 2021): 477
(a) "Institution" means a hospital, short-term hospital special hospice, 478
hospice inpatient facility, residential care home, nursing home facility, 479
home health care agency, home health aide agency, behavioral health 480
facility, assisted living services agency, substance abuse treatment 481
facility, outpatient surgical facility, outpatient clinic, an infirmary 482
operated by an educational institution for the care of students enrolled 483
in, and faculty and employees of, such institution; a facility engaged in 484
providing services for the prevention, diagnosis, treatment or care of 485
human health conditions, including facilities operated and maintained 486
by any state agency; and a residential facility for persons with 487
intellectual disability licensed pursuant to section 17a-227 and certified 488
to participate in the Title XIX Medicaid program as an intermediate care 489
facility for individuals with intellectual disability. "Institution" does not 490
include any facility for the care and treatment of persons with mental 491
illness or substance use disorder operated or maintained by any state 492
agency, except Whiting Forensic Hospital and the hospital and 493
psychiatric residential treatment facility units of the Albert J. Solnit 494
Children's Center; 495
Sec. 9. Section 19a-490 of the general statutes is amended by adding 496 Governor's Bill No. 5020
LCO No. 677 17 of 25
subsection (q) as follows (Effective April 1, 2021): 497
(NEW) (q) "Psychiatric residential treatment facility" means a 498
nonhospital facility with a provider agreement with the Department of 499
Social Services to provide inpatient services to Medicaid-eligible 500
individuals under the age of twenty-one. 501
Sec. 10. (NEW) (Effective from passage) (a) The Commissioner of Public 502
Health shall adopt regulations, in accordance with the provisions of 503
chapter 54 of the general statutes, concerning licensure by the 504
Department of Public Health of the psychiatric residential treatment 505
facilities at the Albert J. Solnit Children's Center. As used in this 506
subsection, "psychiatric residential treatment facility" means a 507
nonhospital facility with a provider agreement with the Department of 508
Social Services to provide inpatient services to Medicaid-eligible 509
individuals under the age of twenty-one. 510
(b) The commissioner may implement policies and procedures 511
concerning the licensure of the psychiatric residential treatment 512
facilities at the Albert J. Solnit Children's Center while in the process of 513
adopting such policies and procedures as regulations, provided notice 514
of intent to adopt regulations is published on the eRegulations System 515
not later than twenty days after the date of implementation. Policies and 516
procedures implemented pursuant to this subsection shall be valid until 517
the time final regulations are adopted. 518
Sec. 11. Subsection (a) of section 10-19 of the general statutes is 519
repealed and the following is substituted in lieu thereof (Effective July 1, 520
2020): 521
(a) The knowledge, skills and attitudes required to understand and 522
avoid the effects of alcohol, [of] nicotine, [or] tobacco, electronic nicotine 523
delivery systems, vapor products, marijuana and [of] drugs, as defined 524
in subdivision (17) of section 21a-240, on health, character, citizenship 525
and personality development shall be taught every academic year to 526
pupils in all grades in the public schools; and, in teaching such subjects, 527
textbooks and such other materials as are necessary shall be used. 528 Governor's Bill No. 5020
LCO No. 677 18 of 25
Annually, at such time and in such manner as the Commissioner of 529
Education shall request, each local and regional board of education shall 530
attest to the State Board of Education that all pupils enrolled in its 531
schools have been taught such subjects pursuant to this subsection and 532
in accordance with a planned, ongoing and systematic program of 533
instruction. The content and scheduling of instruction shall be within 534
the discretion of the local or regional board of education. Institutions of 535
higher education approved by the State Board of Education to train 536
teachers shall give instruction on the subjects prescribed in this section 537
and concerning the best methods of teaching the same. The State Board 538
of Education and the Board of Regents for Higher Education in 539
consultation with the Commissioner of Mental Health and Addiction 540
Services and the Commissioner of Public Health shall develop health 541
education or other programs for elementary and secondary schools and 542
for the training of teachers, administrators and guidance personnel with 543
reference to understanding and avoiding the effects of nicotine or 544
tobacco, alcohol and drugs. 545
Sec. 12. Section 19a-535a of the general statutes is repealed and the 546
following is substituted in lieu thereof (Effective October 1, 2020): 547
(a) As used in this section: [, a "facility"] 548
(1) "Facility" means a residential care home, as defined in section 19a-549
490; [.] 550
(2) "Emergency" means a situation in which a resident of a facility 551
presents an imminent danger of serious physical harm to self, another 552
resident or an employee or the owner of the facility; 553
(3) "Department" means the Department of Public Health; and 554
(4) "Commissioner" means the Commissioner of Public Health, or the 555
commissioner's designee. 556
(b) A facility shall not transfer or discharge a resident from the facility 557
unless (1) the transfer or discharge is necessary to meet the resident's 558 Governor's Bill No. 5020
LCO No. 677 19 of 25
welfare and the resident's welfare cannot be met in the facility, (2) the 559
transfer or discharge is appropriate because the resident's health has 560
improved sufficiently so the resident no longer needs the services 561
provided by the facility, (3) the health or safety of individuals in the 562
facility is endangered, (4) the resident has failed, after reasonable and 563
appropriate notice, to pay for a stay or a requested service, at the facility 564
or (5) the facility ceases to operate. [In the case of an involuntary transfer 565
or discharge the resident and, if known, his legally liable relative, 566
guardian or conservator shall be given a thirty-day written notification 567
which includes the reason for the transfer or discharge and notice of the 568
right of the resident to appeal a transfer or discharge by the facility 569
pursuant to subsection (d) of this section.] No resident shall be 570
involuntarily transferred or discharged from a facility if such transfer or 571
discharge presents imminent danger of death. 572
(c) The facility shall be responsible for assisting the resident in finding 573
appropriate placement. A discharge plan, prepared by the facility, 574
which indicates the resident's individual needs and how such needs will 575
be met by such alternative placement shall accompany the patient. 576
[(d) (1) For transfers or discharges effected on or after October 1, 1989, 577
a resident or his legally liable relative, guardian or conservator who has 578
been notified by a facility, pursuant to subsection (b) of this section, that 579
he will be transferred or discharged from the facility may appeal such 580
transfer or discharge to the Commissioner of Public Health by filing a 581
request for a hearing with the commissioner within ten days of receipt 582
of such notice. Upon receipt of any such request, the commissioner or 583
his designee shall hold a hearing to determine whether the transfer or 584
discharge is being effected in accordance with this section. Such a 585
hearing shall be held within seven business days of receipt of such 586
request and a determination made by the commissioner or his designee 587
within twenty days of the termination of the hearing. The hearing shall 588
be conducted in accordance with chapter 54. 589
(2) In an emergency the facility may request that the commissioner 590
make a determination as to the need for an immediate transfer or 591 Governor's Bill No. 5020
LCO No. 677 20 of 25
discharge of a resident. Before making such a determination, the 592
commissioner shall notify the resident and, if known, his legally liable 593
relative, guardian or conservator. The commissioner shall issue such a 594
determination no later than seven days after receipt of the request for 595
such determination. If, as a result of such a request, the commissioner or 596
his designee determines that a failure to effect an immediate transfer or 597
discharge would endanger the health, safety or welfare of the resident 598
or other residents, the commissioner or his designee shall order the 599
immediate transfer or discharge of the resident from the facility. A 600
hearing shall be held in accordance with the requirements of 601
subdivision (1) of this subsection within seven business days of the 602
issuance of any determination issued pursuant to this subdivision. 603
(3) Any involuntary transfer or discharge shall be stayed pending a 604
determination by the commissioner or his designee. Notwithstanding 605
any provision of the general statutes, the determination of the 606
commissioner or his designee after a hearing shall be final and binding 607
upon all parties and not subject to any further appeal.] 608
(d) On or after October 1, 2020, whenever a transfer or discharge of a 609
resident from a facility takes place, except in the case of an emergency, 610
the facility shall: 611
(1) Notify, in writing, the resident and, if known, the resident's legal 612
guardian, conservator or other authorized representative of such 613
transfer or discharge not less than sixty calendar days prior to the date 614
of effecting such transfer or discharge. Such notice shall include, but not 615
be limited to: (A) The proposed transfer or discharge; (B) the reasons for 616
the proposed transfer or discharge, including enough detail to enable 617
the resident or the resident's representative to prepare a response; (C) 618
the effective date of the proposed transfer or discharge; (D) the name of 619
the facility and location to which the resident is to be transferred or 620
discharged; (E) the right of the resident or the resident's legal guardian, 621
conservator or other authorized representative to appeal the proposed 622
transfer or discharge and the procedures for initiating such an appeal, 623
as determined by the department; (F) the deadline by which such an 624 Governor's Bill No. 5020
LCO No. 677 21 of 25
appeal shall be initiated in order to (i) preserve the resident's right to an 625
appeal hearing; and (ii) stay the proposed transfer or discharge during 626
the pendency of the appeal, including notice of the right to seek an 627
extension of such deadline for good cause; and (G) the resident's right 628
to represent himself or herself or be represented by legal counsel, the 629
resident's legal guardian, conservator or other authorized 630
representative, or a relative, or friend. The notice shall also include the 631
name, mailing address and telephone number of the State Long-Term 632
Care Ombudsman and be sent by facsimile or electronic communication 633
to the Office of the Long-Term Care Ombudsman on the same day as 634
the notice is given to the resident. If the resident is, or the facility alleges 635
that the resident is, mentally ill or developmentally disabled, the notice 636
shall also include the name, mailing address and telephone number of 637
the entity designated by the Governor in accordance with section 46a-638
10b to serve as the Connecticut protection and advocacy system. 639
(2) Except in the case of an emergency, whenever the commissioner 640
receives a request for a hearing in response to a notice of proposed 641
transfer or discharge under this section and such notice does not meet 642
the requirements of subdivision (1) of this subsection, the commissioner 643
shall, not later than ten business days after the date of receipt of such 644
notice from the resident or the facility, order the transfer or discharge 645
stayed and return such notice to the facility. Upon receipt of such 646
returned notice, the facility shall issue a revised notice that meets the 647
requirements of subdivision (1) of this subsection. 648
(3) The resident or the resident's legal guardian, conservator or other 649
authorized representative who has been notified by a facility pursuant 650
to subdivision (1) of this subsection that such resident will be transferred 651
or discharged from the facility may initiate an appeal by submitting a 652
written request to the commissioner not later than sixty calendar days 653
after the facility issues the notice of the proposed transfer or discharge, 654
except as provided in subdivision (6) of this subsection. In order to stay 655
a proposed transfer or discharge pending appeal, such appeal shall be 656
initiated not later than twenty days after the date the resident receives 657
the notice of the proposed transfer or discharge from the facility, unless 658 Governor's Bill No. 5020
LCO No. 677 22 of 25
the resident demonstrates good cause for failing to initiate such appeal 659
within the twenty-day period. 660
(4) Upon receipt of any such request to appeal a proposed transfer or 661
discharge by the resident and a determination by the commissioner that 662
the notice by the facility meets the requirements of subdivision (1) of 663
this subsection, the commissioner shall hold a hearing on the appeal and 664
determine whether the transfer or discharge is being effected in 665
accordance with this section. The commissioner shall hold such hearing 666
not later than ten business days after the date of receipt of such request, 667
except the resident may request a continuance of the hearing in order to 668
secure legal counsel or for other good cause. The facility shall bear the 669
burden of proving by a preponderance of the evidence that it has 670
complied with the provisions of this section. The commissioner shall 671
make a determination regarding the proposed transfer or discharge not 672
later than thirty days after the date of conclusion of the hearing. The 673
hearing shall be conducted in accordance with the provisions of chapter 674
54. 675
(5) Not less than five days prior to the date on which a hearing is to 676
be conducted pursuant to this section, the resident and the resident's 677
legal guardian, conservator or other authorized representative shall 678
have an opportunity to examine, during regular business hours, the 679
contents of the resident's file maintained by the facility and all 680
documents and records to be used by the commissioner or the facility at 681
the hearing. The facility shall have an opportunity to examine, during 682
regular business hours not less than five business days prior to the date 683
of such hearing, all documents and records to be used by the resident at 684
the hearing. 685
(6) (A) In the case of an emergency, the facility may request that the 686
commissioner hold an expedited hearing on an appeal of a transfer or 687
discharge under this section. The facility shall provide a copy of the 688
request for an expedited hearing and the notice described in subdivision 689
(1) of this subsection to the resident, the resident's legal guardian, 690
conservator or other authorized representative, if known, and the State 691 Governor's Bill No. 5020
LCO No. 677 23 of 25
Long-Term Care Ombudsman at the same time it makes such request 692
for an expedited hearing. If the commissioner determines that an 693
emergency exists with respect to the resident, the commissioner shall 694
hold a hearing not less than seven business days after the date of receipt 695
of such request. The commissioner shall notify the facility, the resident, 696
the resident's legal guardian, conservator or other authorized 697
representative and the Office of the Long-Term Care Ombudsman of the 698
date of the hearing not less than two business days prior to such date. If 699
the commissioner determines, based on the request, that an emergency 700
does not exist, the commissioner shall proceed in accordance with the 701
provisions of subdivisions (2) to (5), inclusive, of this subsection. The 702
facility shall bear the burden of proving by a preponderance of the 703
evidence that it has complied with the provisions of this section. The 704
hearing shall be conducted in accordance with the provisions of chapter 705
54. 706
(B) If a hearing is held based on the assertion by the facility that an 707
emergency exists, a determination regarding transfer or discharge shall 708
be made by the commissioner not later than ten calendar days after the 709
date of the conclusion of the hearing. The facility shall not effect a 710
transfer or discharge of the resident prior to five days after the date of 711
receipt of the decision by the resident or the resident's legal guardian, 712
conservator or other authorized representative, provided any Sunday or 713
legal holiday intervening shall be excluded in computing such five-day 714
period. 715
(7) If the commissioner determines, after a hearing held in accordance 716
with this section, that the facility transferred or discharged a resident in 717
violation of the provisions of this section, the commissioner may require 718
the facility to readmit the resident to the facility, regardless of whether 719
the resident has accepted placement in another facility or residence 720
pending the issuance of a hearing decision. 721
(e) The commissioner shall send a copy of his or her decision 722
regarding a transfer or discharge to the facility, the resident and the 723
resident's legal guardian, conservator or other authorized 724 Governor's Bill No. 5020
LCO No. 677 24 of 25
representative, if known, or the resident's legally liable relative or other 725
responsible party. The decision shall be deemed to have been received 726
five days after the date it was mailed unless the facility, the resident or 727
the resident's legal guardian, conservator, other authorized 728
representative, legally liable relative or other responsible party proves 729
otherwise by a preponderance of the evidence. The facility may not 730
effect a transfer or discharge of the resident prior to fifteen days after 731
the date of receipt of the decision by the resident and the resident's legal 732
guardian, conservator or other authorized representative, if known, or 733
the resident's legally liable relative or other responsible party, except as 734
provided in subdivision (6) of this subsection. 735
(f) Not later than ten days after the date of a determination by the 736
commissioner in favor of a proposed transfer or discharge of a resident 737
by a facility, the resident may request from the department additional 738
time to find suitable housing. The commissioner shall consider all of the 739
circumstances surrounding the proposed transfer or discharge, the 740
equities involved and whether any undue hardship would result to 741
either party in making its determination. 742
(g) A facility or resident who is aggrieved by a final decision may 743
appeal to the Superior Court in accordance with the provisions of 744
chapter 54. If the transfer or discharge was stayed during the pendency 745
of the appeal to the commissioner, such stay shall remain in place and 746
be continued during any appeal to the Superior Court pursuant to this 747
section and for such additional period as is required for a decision by 748
the commissioner pursuant to subsection (d) or (e) of this section. 749
Nothing in this section shall preclude the commissioner or the Superior 750
Court, in its discretion, from extending or imposing a stay beyond the 751
minimum stay required by this section. The Superior Court may 752
consider an appeal from a decision of the commissioner pursuant to this 753
section as a privileged case in order to dispose of the case with the least 754
possible delay. 755 Governor's Bill No. 5020
LCO No. 677 25 of 25
This act shall take effect as follows and shall amend the following
sections:
Section 1 January 1, 2021 21a-415(a)
Sec. 2 January 1, 2021 New section
Sec. 3 January 1, 2021 21a-415b
Sec. 4 January 1, 2021 12-295a
Sec. 5 January 1, 2021 53-344(b)
Sec. 6 January 1, 2021 53-344b(b)
Sec. 7 from passage 38a-1083(c)
Sec. 8 April 1, 2021 19a-490(a)
Sec. 9 April 1, 2021 19a-490
Sec. 10 from passage New section
Sec. 11 July 1, 2020 10-19(a)
Sec. 12 October 1, 2020 19a-535a
Statement of Purpose:
To implement the Governor's budget recommendations.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]