Researcher: JS Page 1 4/20/21
OLR Bill Analysis
sSB 868
AN ACT CONCERNING REGULATION OF COMMUNITY
RESIDENCES.
SUMMARY
This bill specifies that community residences (i.e., certain group
homes for adults with disabilities) do not include health care facilities
that (1) are private and for-profit or (2) receive no Department of
Mental Health and Addition Services (DMHAS) funding. By law,
zoning regulations may not treat community residences differently
than single-family homes (see BACKGROUND).
The bill defines “health care facilities” to include mental health,
substance abuse treatment, and other facilities that may require a
Certificate of Need (CON), including their parent companies and
subsidiaries (see BACKGROUND ). In doing so, the bill allows zoning
regulations to impose more restrictive requirements on these facilities
than they impose on community residences or single-family homes.
By law, any resident of a municipality in which a community or
child-care residence is located may petition, with the municipal
legislative body’s approval, certain state agencies to revoke the
residence’s license (or funding, in the case of community residences)
for not operating in compliance with statutes or regulations.
The bill expands this authorization to cover entities that were
initially established as a community residence or child-care residential
facility, provided the resident’s petition is based on noncompliance
with laws applicable at the time of the petition (e.g., entities
established as community residences that are health care facilities
under the bill, but only if they are noncompliant with relevant health
care facility laws or regulations).
EFFECTIVE DATE: October 1, 2021 2021SB-00868-R000532-BA.DOCX
Researcher: JS Page 2 4/20/21
BACKGROUND
Covered Community-Based Residences
By law, zoning regulations must treat as single-family residences
certain community-based residences that house six or fewer
individuals, excluding staff; specifically:
1. Department of Children and Families (DCF)-licensed child-care
residences for children with mental or physical disabilities;
2. Department of Developmental Services (DDS) -licensed
community residences for adults with intellectual
disabilities; and
3. Department of Public Health (DPH) -licensed community
residences in which adults receive mental health or addiction
services paid for or provided by DMHAS.
Zoning regulations must also treat as single-family residences DPH-
licensed inpatient hospice facilities that house six or fewer individuals
and meet certain requirements (e.g., are managed by a nonprofit and
located in a city with more than 100,000 residents and in a zone
allowing development on one or more acres). These hospice facilities
are not subject to resident petitioning, though.
Residents of municipalities in which residences are located, after
receiving approval from the municipal legislative body, may petition
the commissioner of (1) DDS to revoke the community residence’s
license, (2) DCF to revoke a child-care residential facility’s license, or
(3) DMHAS to withdraw a community residence’s funding.
Health Care Facilities and Certificates of Need
Generally, Connecticut law requires health care facilities to apply
for a CON from the Office of Health Strategy’s Health Systems
Planning Unit when they propose to (1) establish a new facility or
provide new services, (2) change ownership, (3) purchase or acquire
certain equipment, or (4) terminate certain services (CGS § 19a-638).
These health care facilities include mental health and substance abuse 2021SB-00868-R000532-BA.DOCX
Researcher: JS Page 3 4/20/21
treatment facilities, facilities eligible for reimbursement under Medicare
or Medicaid, hospitals, and any other facility that requires a CON, as well
as their parent companies, subsidiaries, affiliates, and joint ventures (CGS
§ 19a-630).
Related State and Federal Laws
Numerous federal laws provide protections for individuals with
disabilities that apply regardless of any conflicting state law or
municipal regulation, including the Americans with Disabilities Act
(ADA), the Fair Housing Act (FHA), and the Rehabilitation Act of
1973.
These laws prohibit municipalities from imposing restrictions or
conditions on group housing for persons with disabilities that are not
imposed on housing for those without disabilities and require
municipalities to make reasonable changes in zoning and other rules to
provide equal housing opportunities for people with disabilities.
Under these laws, people with disabilities include people (1) with a
mental illness, developmental disability, or physical impairment or (2)
recovering from addiction to alcohol or an illegal drug.
COMMITTEE ACTION
Planning and Development Committee
Joint Favorable Substitute
Yea 21 Nay 5 (03/31/2021)