LCO No. 2733 1 of 8 General Assembly Raised Bill No. 909 January Session, 2021 LCO No. 2733 Referred to Committee on HUMAN SERVICES Introduced by: (HS) AN ACT CONCERNING CH ANGES TO THE HUSKY B PROGRAM. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subsection (a) of section 17b-295 of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective from 2 passage): 3 (a) The commissioner shall impose cost-sharing requirements, 4 including the payment of a premium or copayment, in connection with 5 services provided under HUSKY B, to the extent permitted by federal 6 law. Copayments under HUSKY B shall [be the same as] not exceed 7 those in effect for active state employees enrolled in a point-of-8 enrollment health care plan, provided the household's annual combined 9 premiums and copayments do not exceed the maximum annual 10 aggregate cost-sharing requirement. The cost-sharing requirements 11 imposed by the commissioner shall be in accordance with the following 12 limitations: 13 (1) The commissioner may increase the maximum annual aggregate 14 cost-sharing requirements, provided such cost-sharing requirements 15 Raised Bill No. 909 LCO No. 2733 2 of 8 shall not exceed five per cent of the household's gross annual income. 16 (2) In accordance with federal law, the commissioner may impose a 17 premium requirement on households whose income exceeds two 18 hundred forty-nine per cent of the federal poverty level as a component 19 of the household's cost-sharing responsibility and, for the fiscal years 20 ending June 30, 2012, to June 30, 2016, inclusive, may annually increase 21 the premium requirement based on the percentage increase in the 22 Consumer Price Index for medical care services; and 23 (3) The commissioner shall monitor copayments and premiums 24 under the provisions of subdivision (1) of this subsection. 25 Sec. 2. Section 17b-266 of the general statutes is repealed and the 26 following is substituted in lieu thereof (Effective from passage): 27 (a) The Commissioner of Social Services may, when the commissioner 28 finds it to be in the public interest, fund part or all of the cost of benefits 29 to any recipient under sections 17b-260 to 17b-262, inclusive, 17b-264 to 30 17b-285, inclusive, 17b-357 to 17b-361, inclusive, 17b-290, as amended 31 by this act, 17b-292, [17b-294a,] 17b-295, as amended by this act, 17b-32 297a, 17b-297b and 17b-300 through the purchase of insurance from any 33 organization authorized to do a health insurance business in this state 34 or from any organization specified in subsection (b) of this section. 35 (b) The Commissioner of Social Services may require recipients of 36 Medicaid or other public assistance to receive medical care on a 37 prepayment or per capita basis, in accordance with federal law and 38 regulations, if such prepayment is anticipated to result in lower medical 39 assistance costs to the state. The commissioner may enter into contracts 40 for the provision of comprehensive health care on a prepayment or per 41 capita basis in accordance with federal law and regulations, with the 42 following: (1) A health care center subject to the provisions of chapter 43 698a; (2) a consortium of federally qualified community health centers 44 and other community-based providers of health services which are 45 funded by the state; (3) other consortia of providers of health care 46 services established for the purposes of this subsection; or (4) an 47 Raised Bill No. 909 LCO No. 2733 3 of 8 integrated service network providing care management and 48 comprehensive health care on a prepayment or per capita basis to 49 elderly and disabled recipients of Medicaid who may also be eligible for 50 Medicare. 51 (c) Providers of comprehensive health care services as described in 52 subdivisions (2), (3) and (4) of subsection (b) of this section shall not be 53 subject to the provisions of chapter 698a or, in the case of an integrated 54 service network, sections 17b-239 to 17b-245, inclusive, 17b-281, 17b-340, 55 17b-342 and 17b-343. Any such provider shall be certified by the 56 Commissioner of Social Services in accordance with criteria established 57 by the commissioner, including, but not limited to, minimum reserve 58 fund requirements. 59 (d) The commissioner shall pay all capitation claims which would 60 otherwise be reimbursed to the health plans described in subsection (b) 61 of this section in May, 2010, no later than June 30, 2010. Each subsequent 62 payment made by the commissioner to such health plans for capitation 63 claims due shall be made in the second month following the month to 64 which the capitation applies. 65 (e) On or after May 1, 2000, the payment to the Commissioner of 66 Social Services of (1) any monetary sanction imposed by the 67 commissioner on a managed care organization under the provisions of 68 a contract between the commissioner and such organization entered 69 into pursuant to this section or sections 17b-290, as amended by this act, 70 17b-292, [17b-294a,] 17b-295, 17b-297a, 17b-297b and 17b-300, or (2) any 71 sum agreed upon by the commissioner and such an organization as 72 settlement of a claim brought by the commissioner or the state against 73 such an organization for failure to comply with the terms of a contract 74 with the commissioner or fraud affecting the Department of Social 75 Services shall be deposited in an account designated for use by the 76 department for expenditures for children's health programs and 77 services. 78 Sec. 3. Section 17b-290 of the general statutes is repealed and the 79 Raised Bill No. 909 LCO No. 2733 4 of 8 following is substituted in lieu thereof (Effective from passage): 80 As used in this section and sections 17b-292, [17b-294a,] 17b-295, as 81 amended by this act, 17b-297a, 17b-297b and 17b-300: 82 (1) "Applicant" means an individual over the age of eighteen years 83 who is a natural or adoptive parent, a legal guardian, a caretaker 84 relative, foster parent or stepparent with whom the child resides and 85 shall include a child who is eighteen years of age or emancipated in 86 accordance with the provisions of sections 46b-150 to 46b-150e, 87 inclusive, and who is applying on his own behalf or on behalf of a minor 88 dependent for coverage under such plan; 89 (2) "Child" means an individual under nineteen years of age; 90 (3) "Coinsurance" means the sharing of health care expenses by the 91 insured and an insurer in a specified ratio; 92 (4) "Commissioner" means the Commissioner of Social Services; 93 (5) "Copayment" means a payment made on behalf of a member for a 94 specified service under HUSKY B; 95 (6) "Cost sharing" means arrangements made on behalf of a member 96 whereby an applicant pays a portion of the cost of health services, 97 sharing costs with the state and includes copayments, premiums, 98 deductibles and coinsurance; 99 (7) "Deductible" means the amount of out-of-pocket expenses that 100 would be paid for health services on behalf of a member before 101 becoming payable by the insurer; 102 (8) "Department" means the Department of Social Services; 103 (9) "Durable medical equipment" means equipment that meets all of 104 the following requirements: 105 (A) Can withstand repeated use; 106 Raised Bill No. 909 LCO No. 2733 5 of 8 (B) Is primarily and customarily used to serve a medical purpose; 107 (C) Generally is not useful to a person in the absence of an illness or 108 injury; and 109 (D) Is nondisposable; 110 (10) "Eligible beneficiary" means a child who meets the requirements 111 in section 17b-292, and the requirements specified in Section 112 2110(b)(2)(B) of the Social Security Act as amended by Section 113 10203(b)(2)(D) of the Affordable Care Act; 114 (11) "Household" has the same meaning as provided in 42 CFR 115 435.603; 116 (12) "Household income" has the same meaning as provided in 42 117 CFR 435.603; 118 (13) "HUSKY A" means Medicaid provided to children, caretaker 119 relatives and pregnant and postpartum women pursuant to section 17b-120 261 or 17b-277; 121 (14) "HUSKY B" means the health coverage for children established 122 pursuant to the provisions of sections 17b-290, as amended by this act, 123 17b-292, [17b-294a,] 17b-295, 17b-297a, 17b-297b and 17b-300; 124 (15) "HUSKY C" means Medicaid provided to individuals who are 125 sixty-five years of age or older or who are blind or have a disability; 126 (16) "HUSKY D" or "Medicaid Coverage for the Lowest Income 127 Populations program" means Medicaid provided to nonpregnant low-128 income adults who are age eighteen to sixty-four, as authorized 129 pursuant to section 17b-8a; 130 (17) "HUSKY Health" means the combined HUSKY A, HUSKY B, 131 HUSKY C and HUSKY D programs, that provide medical coverage to 132 eligible children, parents, relative caregivers, persons age sixty-five or 133 older, individuals with disabilities, low-income adults, and pregnant 134 Raised Bill No. 909 LCO No. 2733 6 of 8 women; 135 [(18) "HUSKY Plus" means the supplemental health program 136 established pursuant to section 17b-294a for medically eligible members 137 of HUSKY B whose medical needs cannot be accommodated within the 138 basic benefit package offered to members. HUSKY Plus shall 139 supplement coverage for those medically eligible members with 140 intensive physical health needs;] 141 [(19)] (18) "Member" means an eligible beneficiary who receives 142 services under HUSKY A, B, C or D; 143 [(20)] (19) "Parent" means a natural parent, stepparent, adoptive 144 parent, guardian or custodian of a child; 145 [(21)] (20) "Premium" means any required payment made by an 146 individual to offset the cost under HUSKY B; 147 [(22)] (21) "Qualified entity" means any entity: (A) Eligible for 148 payments under a state plan approved under Medicaid and which 149 provides medical services under HUSKY A, or (B) that is a qualified 150 entity, as defined in 42 USC 1396r-1a, as amended by Section 708 of 151 Public Law 106-554, and that is determined by the commissioner to be 152 capable of making the determination of eligibility. The commissioner 153 shall provide qualified entities with such forms or information on filing 154 an application electronically as is necessary for an application to be 155 made on behalf of a child under HUSKY A and information on how to 156 assist parents, guardians and other persons in completing and filing 157 such forms or electronic application; 158 [(23)] (22) "WIC" means the federal Special Supplemental Food 159 Program for Women, Infants and Children administered by the 160 Department of Public Health pursuant to section 19a-59c. 161 Sec. 4. Section 17b-304 of the general statutes is repealed and the 162 following is substituted in lieu thereof (Effective from passage): 163 The Commissioner of Social Services shall implement the policies and 164 Raised Bill No. 909 LCO No. 2733 7 of 8 procedures necessary to carry out the provisions of sections 17b-292, 165 [17b-294a,] 17b-295, as amended by this act, 17b-297a, 17b-297b and 17b-166 300 while in the process of adopting such policies and procedures in 167 regulation form, provided notice of intent to adopt the regulations is 168 published on the Department of Social Services' Internet web site and 169 the eRegulations System not later than twenty days after 170 implementation. Such policies and procedures shall be valid until the 171 time final regulations are effective. 172 Sec. 5. Subdivision (4) of subsection (b) of section 12-202a of the 173 general statutes is repealed and the following is substituted in lieu 174 thereof (Effective from passage): 175 (4) Any new or renewal contract or policy entered into with the state 176 on or after April 1, 1998, to provide health care coverage to eligible 177 beneficiaries under the HUSKY Health program, [or HUSKY Plus 178 program, each] as defined in section 17b-290; 179 Sec. 6. Subsection (b) of section 12-202b of the general statutes is 180 repealed and the following is substituted in lieu thereof (Effective from 181 passage): 182 (b) The amount of credit allowed shall be equal to fifty-five dollars 183 multiplied by the sum of the number of persons provided health care 184 coverage by the taxpayer under the HUSKY Health program, [or the 185 HUSKY Plus program, each] as defined in section 17b-290, as amended 186 by this act, on the first day of each month of the income year for which 187 the credit is taken, divided by twelve. 188 Sec. 7. Subsection (b) of section 12-202c of the general statutes is 189 repealed and the following is substituted in lieu thereof (Effective from 190 passage): 191 (b) For the fiscal year ending June 30, 2003, any company that 192 received a payment under subsection (a) of this section shall be entitled 193 to an additional supplemental payment equal to thirty-six dollars and 194 seventy-five cents multiplied by the sum of the number of persons 195 Raised Bill No. 909 LCO No. 2733 8 of 8 provided health care coverage by the taxpayer under the HUSKY Health 196 program, [or the HUSKY Plus program, each] as defined in section 17b-197 290, as amended by this act, on the first day of each month, January to 198 June, inclusive, of 2002, divided by six. 199 Sec. 8. Section 17b-294a of the general statutes is repealed. (Effective 200 from passage) 201 This act shall take effect as follows and shall amend the following sections: Section 1 from passage 17b-295(a) Sec. 2 from passage 17b-266 Sec. 3 from passage 17b-290 Sec. 4 from passage 17b-304 Sec. 5 from passage 12-202a(b)(4) Sec. 6 from passage 12-202b(b) Sec. 7 from passage 12-202c(b) Sec. 8 from passage Repealer section Statement of Purpose: To change co-pay requirements for HUSKY B and eliminate the HUSKY Plus program. [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.]