9 | 10 | | |
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10 | 11 | | |
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11 | 12 | | Referred to Committee on HUMAN SERVICES |
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12 | 13 | | |
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13 | 14 | | |
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14 | 15 | | Introduced by: |
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15 | 16 | | (HS) |
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16 | 17 | | |
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17 | 18 | | |
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18 | 19 | | |
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19 | 20 | | AN ACT CONCERNING TH E CONNECTICUT HOME -CARE PROGRAM |
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20 | 21 | | FOR THE ELDERLY. |
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21 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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22 | 23 | | Assembly convened: |
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23 | 24 | | |
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24 | 25 | | Section 1. Subsections (i) and (j) of section 17b-342 of the general 1 |
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25 | 26 | | statutes are repealed and the following is substituted in lieu thereof 2 |
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26 | 27 | | (Effective July 1, 2021): 3 |
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27 | 28 | | (i) (1) On and after July 1, 2015, the Commissioner of Social Services 4 |
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28 | 29 | | shall, within available appropriations, administer a state-funded 5 |
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29 | 30 | | portion of the program for persons (A) who are sixty-five years of age 6 |
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30 | 31 | | and older; (B) who are inappropriately institutionalized or at risk of 7 |
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31 | 32 | | inappropriate institutionalization; (C) whose income is less than or 8 |
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32 | 33 | | equal to the amount allowed under subdivision (3) of subsection (a) of 9 |
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33 | 34 | | this section; and (D) whose assets, if single, do not exceed one hundred 10 |
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34 | 35 | | fifty per cent of the federal minimum community spouse protected 11 |
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35 | 36 | | amount pursuant to 42 USC 1396r-5(f)(2) or, if married, the couple's 12 |
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36 | 37 | | assets do not exceed two hundred per cent of said community spouse 13 |
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45 | 46 | | and June 30, 2017, only persons who require the level of care provided 16 |
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46 | 47 | | in a nursing home shall be eligible for the state-funded portion of the 17 |
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47 | 48 | | program, except for persons residing in affordable housing under the 18 |
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48 | 49 | | assisted living demonstration project established pursuant to section 19 |
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49 | 50 | | 17b-347e who are otherwise eligible in accordance with this section. 20 |
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50 | 51 | | [(2) Except for persons residing in affordable housing under the 21 |
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51 | 52 | | assisted living demonstration project established pursuant to section 22 |
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52 | 53 | | 17b-347e, as provided in subdivision (3) of this subsection, any person 23 |
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53 | 54 | | whose income is at or below two hundred per cent of the federal poverty 24 |
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54 | 55 | | level and who is ineligible for Medicaid shall contribute nine per cent of 25 |
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55 | 56 | | the cost of his or her care. Any person whose income exceeds two 26 |
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56 | 57 | | hundred per cent of the federal poverty level shall contribute nine per 27 |
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57 | 58 | | cent of the cost of his or her care in addition to the amount of applied 28 |
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58 | 59 | | income determined in accordance with the methodology established by 29 |
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59 | 60 | | the Department of Social Services for recipients of medical assistance. 30 |
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60 | 61 | | Any person who does not contribute to the cost of care in accordance 31 |
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61 | 62 | | with this subdivision shall be ineligible to receive services under this 32 |
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62 | 63 | | subsection. Notwithstanding any provision of sections 17b-60 and 17b-33 |
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63 | 64 | | 61, the department shall not be required to provide an administrative 34 |
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64 | 65 | | hearing to a person found ineligible for services under this subsection 35 |
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65 | 66 | | because of a failure to contribute to the cost of care. 36 |
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66 | 67 | | (3) Any person who resides in affordable housing under the assisted 37 |
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67 | 68 | | living demonstration project established pursuant to section 17b-347e 38 |
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68 | 69 | | and whose income is at or below two hundred per cent of the federal 39 |
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69 | 70 | | poverty level, shall not be required to contribute to the cost of care. Any 40 |
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70 | 71 | | person who resides in affordable housing under the assisted living 41 |
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71 | 72 | | demonstration project established pursuant to section 17b-347e and 42 |
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72 | 73 | | whose income exceeds two hundred per cent of the federal poverty 43 |
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73 | 74 | | level, shall contribute to the applied income amount determined in 44 |
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74 | 75 | | accordance with the methodology established by the Department of 45 |
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75 | 76 | | Social Services for recipients of medical assistance. Any person whose 46 |
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84 | 85 | | subdivision shall be ineligible to receive services under this subsection. 49 |
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85 | 86 | | Notwithstanding any provision of sections 17b-60 and 17b-61, the 50 |
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86 | 87 | | department shall not be required to provide an administrative hearing 51 |
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87 | 88 | | to a person found ineligible for services under this subsection because 52 |
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88 | 89 | | of a failure to contribute to the cost of care.] 53 |
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89 | 90 | | [(4)] (2) The annualized cost of services provided to an individual 54 |
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90 | 91 | | under the state-funded portion of the program shall not exceed fifty per 55 |
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91 | 92 | | cent of the weighted average cost of care in nursing homes in the state, 56 |
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92 | 93 | | except an individual who received services costing in excess of such 57 |
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93 | 94 | | amount under the Department of Social Services in the fiscal year 58 |
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94 | 95 | | ending June 30, 1992, may continue to receive such services, provided 59 |
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95 | 96 | | the annualized cost of such services does not exceed eighty per cent of 60 |
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96 | 97 | | the weighted average cost of such nursing home care. The commissioner 61 |
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97 | 98 | | may allow the cost of services provided to an individual to exceed the 62 |
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98 | 99 | | maximum cost established pursuant to this subdivision in a case of 63 |
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99 | 100 | | extreme hardship, as determined by the commissioner, provided in no 64 |
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100 | 101 | | case shall such cost exceed that of the weighted cost of such nursing 65 |
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101 | 102 | | home care. 66 |
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102 | 103 | | (j) The Commissioner of Social Services may implement revised 67 |
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103 | 104 | | criteria for the operation of the program while in the process of adopting 68 |
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104 | 105 | | such criteria in regulation form, provided the commissioner prints 69 |
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105 | 106 | | notice of intention to adopt the regulations [in the Connecticut Law 70 |
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106 | 107 | | Journal within twenty days of implementing the policy] in accordance 71 |
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107 | 108 | | with section 17b-10. Such criteria shall be valid until the time final 72 |
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108 | 109 | | regulations are effective. 73 |
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109 | 110 | | This act shall take effect as follows and shall amend the following |
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110 | 111 | | sections: |
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111 | 112 | | |
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112 | 113 | | Section 1 July 1, 2021 17b-342(i) and (j) |
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113 | 114 | | |
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