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3 | 3 | | LCO No. 1615 1 of 7 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 191 |
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6 | 6 | | February Session, 2020 |
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7 | 7 | | LCO No. 1615 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on HUMAN SERVICES |
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11 | 11 | | |
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12 | 12 | | |
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13 | 13 | | Introduced by: |
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14 | 14 | | (HS) |
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15 | 15 | | |
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16 | 16 | | |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | AN ACT CONCERNING CH ANGES TO THE HUSKY B PROGRAM. |
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20 | 20 | | Be it enacted by the Senate and House of Representatives in General |
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21 | 21 | | Assembly convened: |
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22 | 22 | | |
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23 | 23 | | Section 1. Subsection (a) of section 17b-295 of the general statutes is 1 |
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24 | 24 | | repealed and the following is substituted in lieu thereof (Effective from 2 |
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25 | 25 | | passage): 3 |
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26 | 26 | | (a) The commissioner shall impose cost-sharing requirements, 4 |
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27 | 27 | | including the payment of a premium or copayment, in connection with 5 |
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28 | 28 | | services provided under HUSKY B, to the extent permitted by federal 6 |
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29 | 29 | | law. Copayments under HUSKY B shall [be the same as] not exceed 7 |
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30 | 30 | | those in effect for active state employees enrolled in a point-of-8 |
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31 | 31 | | enrollment health care plan, provided the household's annual combined 9 |
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32 | 32 | | premiums and copayments do not exceed the maximum annual 10 |
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33 | 33 | | aggregate cost-sharing requirement. The cost-sharing requirements 11 |
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34 | 34 | | imposed by the commissioner shall be in accordance with the following 12 |
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35 | 35 | | limitations: 13 |
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36 | 36 | | (1) The commissioner may increase the maximum annual aggregate 14 |
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37 | 37 | | cost-sharing requirements, provided such cost-sharing requirements 15 Raised Bill No. 191 |
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38 | 38 | | |
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39 | 39 | | |
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40 | 40 | | |
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41 | 41 | | LCO No. 1615 2 of 7 |
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42 | 42 | | |
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43 | 43 | | shall not exceed five per cent of the household's gross annual income. 16 |
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44 | 44 | | (2) In accordance with federal law, the commissioner may impose a 17 |
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45 | 45 | | premium requirement on households whose income exceeds two 18 |
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46 | 46 | | hundred forty-nine per cent of the federal poverty level as a component 19 |
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47 | 47 | | of the household's cost-sharing responsibility; [and, for the fiscal years 20 |
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48 | 48 | | ending June 30, 2012, to June 30, 2016, inclusive, may annually increase 21 |
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49 | 49 | | the premium requirement based on the percentage increase in the 22 |
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50 | 50 | | Consumer Price Index for medical care services;] and 23 |
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51 | 51 | | (3) The commissioner shall monitor copayments and premiums 24 |
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52 | 52 | | under the provisions of subdivision (1) of this subsection. 25 |
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53 | 53 | | Sec. 2. Section 17b-266 of the general statutes is repealed and the 26 |
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54 | 54 | | following is substituted in lieu thereof (Effective from passage): 27 |
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55 | 55 | | (a) The Commissioner of Social Services may, when the commissioner 28 |
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56 | 56 | | finds it to be in the public interest, fund part or all of the cost of benefits 29 |
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57 | 57 | | to any recipient under sections 17b-260 to 17b-262, inclusive, 17b-264 to 30 |
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58 | 58 | | 17b-285, inclusive, 17b-357 to 17b-361, inclusive, 17b-290, as amended 31 |
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59 | 59 | | by this act, 17b-292, [17b-294a,] 17b-295, as amended by this act, 17b-32 |
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60 | 60 | | 297a, 17b-297b and 17b-300 through the purchase of insurance from any 33 |
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61 | 61 | | organization authorized to do a health insurance business in this state 34 |
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62 | 62 | | or from any organization specified in subsection (b) of this section. 35 |
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63 | 63 | | (b) The Commissioner of Social Services may require recipients of 36 |
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64 | 64 | | Medicaid or other public assistance to receive medical care on a 37 |
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65 | 65 | | prepayment or per capita basis, in accordance with federal law and 38 |
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66 | 66 | | regulations, if such prepayment is anticipated to result in lower medical 39 |
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67 | 67 | | assistance costs to the state. The commissioner may enter into contracts 40 |
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68 | 68 | | for the provision of comprehensive health care on a prepayment or per 41 |
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69 | 69 | | capita basis in accordance with federal law and regulations, with the 42 |
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70 | 70 | | following: (1) A health care center subject to the provisions of chapter 43 |
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71 | 71 | | 698a; (2) a consortium of federally qualified community health centers 44 |
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72 | 72 | | and other community-based providers of health services which are 45 |
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73 | 73 | | funded by the state; (3) other consortia of providers of health care 46 |
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74 | 74 | | services established for the purposes of this subsection; or (4) an 47 Raised Bill No. 191 |
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75 | 75 | | |
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76 | 76 | | |
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77 | 77 | | |
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78 | 78 | | LCO No. 1615 3 of 7 |
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79 | 79 | | |
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80 | 80 | | integrated service network providing care management and 48 |
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81 | 81 | | comprehensive health care on a prepayment or per capita basis to 49 |
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82 | 82 | | elderly and disabled recipients of Medicaid who may also be eligible for 50 |
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83 | 83 | | Medicare. 51 |
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84 | 84 | | (c) Providers of comprehensive health care services as described in 52 |
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85 | 85 | | subdivisions (2), (3) and (4) of subsection (b) of this section shall not be 53 |
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86 | 86 | | subject to the provisions of chapter 698a or, in the case of an integrated 54 |
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87 | 87 | | service network, sections 17b-239 to 17b-245, inclusive, 17b-281, 17b-340, 55 |
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88 | 88 | | 17b-342 and 17b-343. Any such provider shall be certified by the 56 |
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89 | 89 | | Commissioner of Social Services in accordance with criteria established 57 |
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90 | 90 | | by the commissioner, including, but not limited to, minimum reserve 58 |
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91 | 91 | | fund requirements. 59 |
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92 | 92 | | (d) The commissioner shall pay all capitation claims which would 60 |
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93 | 93 | | otherwise be reimbursed to the health plans described in subsection (b) 61 |
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94 | 94 | | of this section in May, 2010, no later than June 30, 2010. Each subsequent 62 |
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95 | 95 | | payment made by the commissioner to such health plans for capitation 63 |
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96 | 96 | | claims due shall be made in the second month following the month to 64 |
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97 | 97 | | which the capitation applies. 65 |
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98 | 98 | | (e) On or after May 1, 2000, the payment to the Commissioner of 66 |
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99 | 99 | | Social Services of (1) any monetary sanction imposed by the 67 |
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100 | 100 | | commissioner on a managed care organization under the provisions of 68 |
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101 | 101 | | a contract between the commissioner and such organization entered 69 |
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102 | 102 | | into pursuant to this section or sections 17b-290, as amended by this act, 70 |
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103 | 103 | | 17b-292, [17b-294a,] 17b-295, as amended by this act, 17b-297a, 17b-297b 71 |
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104 | 104 | | and 17b-300, or (2) any sum agreed upon by the commissioner and such 72 |
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105 | 105 | | an organization as settlement of a claim brought by the commissioner 73 |
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106 | 106 | | or the state against such an organization for failure to comply with the 74 |
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107 | 107 | | terms of a contract with the commissioner or fraud affecting the 75 |
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108 | 108 | | Department of Social Services shall be deposited in an account 76 |
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109 | 109 | | designated for use by the department for expenditures for children's 77 |
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110 | 110 | | health programs and services. 78 |
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111 | 111 | | Sec. 3. Section 17b-290 of the general statutes is repealed and the 79 Raised Bill No. 191 |
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112 | 112 | | |
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113 | 113 | | |
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114 | 114 | | |
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115 | 115 | | LCO No. 1615 4 of 7 |
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116 | 116 | | |
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117 | 117 | | following is substituted in lieu thereof (Effective from passage): 80 |
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118 | 118 | | As used in this section and sections 17b-292, [17b-294a,] 17b-295, as 81 |
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119 | 119 | | amended by this act, 17b-297a, 17b-297b and 17b-300: 82 |
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120 | 120 | | (1) "Applicant" means an individual over the age of eighteen years 83 |
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121 | 121 | | who is a natural or adoptive parent, a legal guardian, a caretaker 84 |
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122 | 122 | | relative, foster parent or stepparent with whom the child resides and 85 |
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123 | 123 | | shall include a child who is eighteen years of age or emancipated in 86 |
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124 | 124 | | accordance with the provisions of sections 46b-150 to 46b-150e, 87 |
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125 | 125 | | inclusive, and who is applying on his own behalf or on behalf of a minor 88 |
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126 | 126 | | dependent for coverage under such plan; 89 |
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127 | 127 | | (2) "Child" means an individual under nineteen years of age; 90 |
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128 | 128 | | (3) "Coinsurance" means the sharing of health care expenses by the 91 |
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129 | 129 | | insured and an insurer in a specified ratio; 92 |
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130 | 130 | | (4) "Commissioner" means the Commissioner of Social Services; 93 |
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131 | 131 | | (5) "Copayment" means a payment made on behalf of a member for a 94 |
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132 | 132 | | specified service under HUSKY B; 95 |
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133 | 133 | | (6) "Cost sharing" means arrangements made on behalf of a member 96 |
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134 | 134 | | whereby an applicant pays a portion of the cost of health services, 97 |
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135 | 135 | | sharing costs with the state and includes copayments, premiums, 98 |
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136 | 136 | | deductibles and coinsurance; 99 |
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137 | 137 | | (7) "Deductible" means the amount of out-of-pocket expenses that 100 |
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138 | 138 | | would be paid for health services on behalf of a member before 101 |
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139 | 139 | | becoming payable by the insurer; 102 |
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140 | 140 | | (8) "Department" means the Department of Social Services; 103 |
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141 | 141 | | (9) "Durable medical equipment" means equipment that meets all of 104 |
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142 | 142 | | the following requirements: 105 |
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143 | 143 | | (A) Can withstand repeated use; 106 Raised Bill No. 191 |
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144 | 144 | | |
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145 | 145 | | |
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146 | 146 | | |
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147 | 147 | | LCO No. 1615 5 of 7 |
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148 | 148 | | |
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149 | 149 | | (B) Is primarily and customarily used to serve a medical purpose; 107 |
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150 | 150 | | (C) Generally is not useful to a person in the absence of an illness or 108 |
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151 | 151 | | injury; and 109 |
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152 | 152 | | (D) Is nondisposable; 110 |
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153 | 153 | | (10) "Eligible beneficiary" means a child who meets the requirements 111 |
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154 | 154 | | in section 17b-292, and the requirements specified in Section 112 |
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155 | 155 | | 2110(b)(2)(B) of the Social Security Act as amended by Section 113 |
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156 | 156 | | 10203(b)(2)(D) of the Affordable Care Act; 114 |
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157 | 157 | | (11) "Household" has the same meaning as provided in 42 CFR 115 |
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158 | 158 | | 435.603; 116 |
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159 | 159 | | (12) "Household income" has the same meaning as provided in 42 117 |
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160 | 160 | | CFR 435.603; 118 |
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161 | 161 | | (13) "HUSKY A" means Medicaid provided to children, caretaker 119 |
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162 | 162 | | relatives and pregnant and postpartum women pursuant to section 17b-120 |
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163 | 163 | | 261 or 17b-277; 121 |
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164 | 164 | | (14) "HUSKY B" means the health coverage for children established 122 |
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165 | 165 | | pursuant to the provisions of sections 17b-290, as amended by this act, 123 |
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166 | 166 | | 17b-292, [17b-294a,] 17b-295, as amended by this act, 17b-297a, 17b-297b 124 |
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167 | 167 | | and 17b-300; 125 |
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168 | 168 | | (15) "HUSKY C" means Medicaid provided to individuals who are 126 |
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169 | 169 | | sixty-five years of age or older or who are blind or have a disability; 127 |
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170 | 170 | | (16) "HUSKY D" or "Medicaid Coverage for the Lowest Income 128 |
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171 | 171 | | Populations program" means Medicaid provided to nonpregnant low-129 |
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172 | 172 | | income adults who are age eighteen to sixty-four, as authorized 130 |
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173 | 173 | | pursuant to section 17b-8a; 131 |
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174 | 174 | | (17) "HUSKY Health" means the combined HUSKY A, HUSKY B, 132 |
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175 | 175 | | HUSKY C and HUSKY D programs, that provide medical coverage to 133 |
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176 | 176 | | eligible children, parents, relative caregivers, persons age sixty-five or 134 Raised Bill No. 191 |
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178 | 178 | | |
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179 | 179 | | |
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180 | 180 | | LCO No. 1615 6 of 7 |
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181 | 181 | | |
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182 | 182 | | older, individuals with disabilities, low-income adults, and pregnant 135 |
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183 | 183 | | women; 136 |
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184 | 184 | | [(18) "HUSKY Plus" means the supplemental health program 137 |
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185 | 185 | | established pursuant to section 17b-294a for medically eligible members 138 |
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186 | 186 | | of HUSKY B whose medical needs cannot be accommodated within the 139 |
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187 | 187 | | basic benefit package offered to members. HUSKY Plus shall 140 |
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188 | 188 | | supplement coverage for those medically eligible members with 141 |
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189 | 189 | | intensive physical health needs;] 142 |
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190 | 190 | | [(19)] (18) "Member" means an eligible beneficiary who receives 143 |
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191 | 191 | | services under HUSKY A, B, C or D; 144 |
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192 | 192 | | [(20)] (19) "Parent" means a natural parent, stepparent, adoptive 145 |
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193 | 193 | | parent, guardian or custodian of a child; 146 |
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194 | 194 | | [(21)] (20) "Premium" means any required payment made by an 147 |
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195 | 195 | | individual to offset the cost under HUSKY B; 148 |
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196 | 196 | | [(22)] (21) "Qualified entity" means any entity: (A) Eligible for 149 |
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197 | 197 | | payments under a state plan approved under Medicaid and which 150 |
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198 | 198 | | provides medical services under HUSKY A, or (B) that is a qualified 151 |
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199 | 199 | | entity, as defined in 42 USC 1396r-1a, as amended by Section 708 of 152 |
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200 | 200 | | Public Law 106-554, and that is determined by the commissioner to be 153 |
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201 | 201 | | capable of making the determination of eligibility. The commissioner 154 |
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202 | 202 | | shall provide qualified entities with such forms or information on filing 155 |
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203 | 203 | | an application electronically as is necessary for an application to be 156 |
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204 | 204 | | made on behalf of a child under HUSKY A and information on how to 157 |
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205 | 205 | | assist parents, guardians and other persons in completing and filing 158 |
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206 | 206 | | such forms or electronic application; and 159 |
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207 | 207 | | [(23)] (22) "WIC" means the federal Special Supplemental Food 160 |
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208 | 208 | | Program for Women, Infants and Children administered by the 161 |
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209 | 209 | | Department of Public Health pursuant to section 19a-59c. 162 |
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210 | 210 | | Sec. 4. Section 17b-304 of the general statutes is repealed and the 163 |
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211 | 211 | | following is substituted in lieu thereof (Effective from passage): 164 Raised Bill No. 191 |
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212 | 212 | | |
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213 | 213 | | |
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214 | 214 | | |
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215 | 215 | | LCO No. 1615 7 of 7 |
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216 | 216 | | |
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217 | 217 | | The Commissioner of Social Services shall implement the policies and 165 |
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218 | 218 | | procedures necessary to carry out the provisions of sections 17b-292, 166 |
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219 | 219 | | [17b-294a,] 17b-295, as amended by this act, 17b-297a, 17b-297b and 17b-167 |
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220 | 220 | | 300 while in the process of adopting such policies and procedures in 168 |
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221 | 221 | | regulation form, provided notice of intent to adopt the regulations is 169 |
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222 | 222 | | [published] posted on the Department of Social Services' Internet web 170 |
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223 | 223 | | site and the eRegulations System not later than twenty days after 171 |
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224 | 224 | | implementation. Such policies and procedures shall be valid until the 172 |
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225 | 225 | | time final regulations are effective. 173 |
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226 | 226 | | Sec. 5. Section 17b-294a of the general statutes is repealed. (Effective 174 |
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227 | 227 | | from passage) 175 |
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228 | 228 | | This act shall take effect as follows and shall amend the following |
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229 | 229 | | sections: |
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230 | 230 | | |
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231 | 231 | | Section 1 from passage 17b-295(a) |
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232 | 232 | | Sec. 2 from passage 17b-266 |
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233 | 233 | | Sec. 3 from passage 17b-290 |
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234 | 234 | | Sec. 4 from passage 17b-304 |
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235 | 235 | | Sec. 5 from passage Repealer section |
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236 | 236 | | |
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237 | 237 | | Statement of Purpose: |
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238 | 238 | | To cap copayments to the HUSKY B health program and repeal a |
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239 | 239 | | program offering intensive services that are offered under a related |
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240 | 240 | | program. |
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241 | 241 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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242 | 242 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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243 | 243 | | underlined.] |
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244 | 244 | | |
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