LCO No. 3655 1 of 3 General Assembly Raised Bill No. 957 January Session, 2021 LCO No. 3655 Referred to Committee on HUMAN SERVICES Introduced by: (HS) AN ACT EXPANDING ACC ESS TO IN-HOME COUNSELING. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subsection (a) of section 17b-242 of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective July 1, 2 2021): 3 (a) The Department of Social Services shall determine the rates to be 4 paid to home health care agencies and home health aide agencies by the 5 state or any town in the state for persons aided or cared for by the state 6 or any such town. [For the period from February 1, 1991, to January 31, 7 1992, inclusive, payment for each service to the state shall be based upon 8 the rate for such service as determined by the Office of Health Care 9 Access, except that for those providers whose Medicaid rates for the 10 year ending January 31, 1991, exceed the median rate, no increase shall 11 be allowed. For those providers whose rates for the year ending January 12 31, 1991, are below the median rate, increases shall not exceed the lower 13 of the prior rate increased by the most recent annual increase in the 14 consumer price index for urban consumers or the median rate. In no 15 case shall any such rate exceed the eightieth percentile of rates in effect 16 Raised Bill No. 957 LCO No. 3655 2 of 3 January 31, 1991, nor shall any rate exceed the charge to the general 17 public for similar services. Rates effective February 1, 1992, shall be 18 based upon rates as determined by the Office of Health Care Access, 19 except that increases shall not exceed the prior year's rate increased by 20 the most recent annual increase in the consumer price index for urban 21 consumers and rates effective February 1, 1992, shall remain in effect 22 through June 30, 1993. Rates effective July 1, 1993, shall be based upon 23 rates as determined by the Office of Health Care Access except if the 24 Medicaid rates for any service for the period ending June 30, 1993, 25 exceed the median rate for such service, the increase effective July 1, 26 1993, shall not exceed one per cent. If the Medicaid rate for any service 27 for the period ending June 30, 1993, is below the median rate, the 28 increase effective July 1, 1993, shall not exceed the lower of the prior rate 29 increased by one and one-half times the most recent annual increase in 30 the consumer price index for urban consumers or the median rate plus 31 one per cent.] The Commissioner of Social Services shall establish a fee 32 schedule for home health services to be effective on and after July 1, 33 1994. The commissioner may annually modify such fee schedule if such 34 modification is needed to ensure that the conversion to an 35 administrative services organization is cost neutral to home health care 36 agencies and home health aide agencies in the aggregate and ensures 37 patient access. Utilization may be a factor in determining cost neutrality. 38 The commissioner shall increase the fee schedule for home health 39 services provided under the Connecticut home-care program for the 40 elderly established under section 17b-342, effective July 1, 2000, by two 41 per cent over the fee schedule for home health services for the previous 42 year. The commissioner may increase any fee payable to a home health 43 care agency or home health aide agency upon the application of such an 44 agency evidencing extraordinary costs related to (1) serving persons 45 with AIDS; (2) high-risk maternal and child health care; (3) escort 46 services; or (4) extended hour services. In no case shall any rate or fee 47 exceed the charge to the general public for similar services. The 48 commissioner shall include in the fee schedule a rate to be paid for in-49 home behavioral health counseling, assessment and support services 50 provided by a social worker licensed pursuant to chapter 383b who is 51 Raised Bill No. 957 LCO No. 3655 3 of 3 employed by a home health care agency. A home health care agency or 52 home health aide agency which, due to any material change in 53 circumstances, is aggrieved by a rate determined pursuant to this 54 subsection may, within ten days of receipt of written notice of such rate 55 from the Commissioner of Social Services, request in writing a hearing 56 on all items of aggrievement. The commissioner shall, upon the receipt 57 of all documentation necessary to evaluate the request, determine 58 whether there has been such a change in circumstances and shall 59 conduct a hearing if appropriate. The Commissioner of Social Services 60 shall adopt regulations, in accordance with chapter 54, to implement the 61 provisions of this subsection. The commissioner may implement 62 policies and procedures to carry out the provisions of this subsection 63 while in the process of adopting regulations, provided notice of intent 64 to adopt the regulations is [published in the Connecticut Law Journal] 65 posted on the eRegulations System not later than twenty days after the 66 date of implementing the policies and procedures. Such policies and 67 procedures shall be valid for not longer than nine months. 68 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2021 17b-242(a) Statement of Purpose: To expand access to in-home behavioral health counseling provided by social workers employed by home health care agencies by providing Medicaid reimbursement for such counseling. [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.]