LCO No. 642 1 of 11 General Assembly Governor's Bill No. 5040 February Session, 2022 LCO No. 642 Referred to Committee on HUMAN SERVICES Introduced by: Request of the Governor Pursuant to Joint Rule 9 AN ACT CONCERNING THE GOVERNOR'S BUDGET RECOMMENDATIONS FOR HUMAN SERVICES. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 19a-7d of the 2022 supplement to the general 1 statutes is repealed and the following is substituted in lieu thereof 2 (Effective from passage): 3 (a) [Not later than January 1, 2022, the] The Commissioner of Public 4 Health shall establish, within available resources, a program to provide 5 three-year grants to community-based providers of primary care 6 services in order to expand access to health care for the uninsured. The 7 grants may be awarded to community-based providers of primary care 8 for (1) funding for direct services, (2) recruitment and retention of 9 primary care clinicians and registered nurses through subsidizing of 10 salaries or through a loan repayment program, and (3) capital 11 expenditures. The community-based providers of primary care under 12 the direct service program shall provide, or arrange access to, primary 13 Governor's Bill No. 5040 LCO No. 642 2 of 11 and preventive services, behavioral health services, referrals to specialty 14 services, including rehabilitative and mental health services, inpatient 15 care, prescription drugs, basic diagnostic laboratory services, health 16 education and outreach to alert people to the availability of services. 17 Primary care clinicians and registered nurses participating in the state 18 loan repayment program or receiving subsidies shall provide services 19 to the uninsured based on a sliding fee schedule, provide free care if 20 necessary, accept Medicare assignment and participate as Medicaid 21 providers, or provide nursing services in school-based health centers 22 and expanded school health sites, as such terms are defined in section 23 19a-6r. The commissioner may adopt regulations, in accordance with 24 the provisions of chapter 54, to establish eligibility criteria, services to 25 be provided by participants, the sliding fee schedule, reporting 26 requirements and the loan repayment program. For the purposes of this 27 section, "primary care clinicians" includes family practice physicians, 28 general practice osteopaths, obstetricians and gynecologists, internal 29 medicine physicians, pediatricians, dentists, certified nurse midwives, 30 advanced practice registered nurses, physician assistants, [and] dental 31 hygienists, psychiatrists, psychologists, licensed clinical social workers, 32 licensed marriage and family therapists and licensed professional 33 counselors. 34 (b) Funds appropriated for the state loan repayment program shall 35 not lapse until fifteen months following the end of the fiscal year for 36 which such funds were appropriated. 37 Sec. 2. Section 36 of public act 21-2 of the June special session is 38 repealed and the following is substituted in lieu thereof (Effective from 39 passage): 40 (a) As used in this section: 41 (1) "Community action agency" means a public or private nonprofit 42 agency which has previously been designated by and authorized to 43 accept funds from the federal Community Services Administration for 44 community action agencies under the Economic Opportunity Act of 45 Governor's Bill No. 5040 LCO No. 642 3 of 11 1964, or a successor agency established pursuant to section 17b-892 of 46 the general statutes; 47 (2) "Community health worker" means a public health outreach 48 professional with an in-depth understanding of the experience, 49 language, culture and socioeconomic needs of the community and who 50 provides a range of services, including, but not limited to, outreach, 51 engagement, education, coaching, informal counseling, social support, 52 advocacy, care coordination, research related to social determinants of 53 health and basic screenings and assessments of any risks associated with 54 social determinants of health; and 55 (3) "COVID-19" means the respiratory disease designated by the 56 World Health Organization on February 11, 2020, as coronavirus 2019, 57 and any related mutation thereof recognized by said organization as a 58 communicable respiratory disease. 59 (b) The Department of [Public Health] Social Services shall establish 60 a community health worker grant program. The purpose of such 61 program shall be to provide grants to community action agencies that 62 employ community health workers who provide a range of services to 63 persons adversely affected by the COVID-19 pandemic. The department 64 may enter into an agreement, pursuant to chapter 55a of the general 65 statutes, with a person, firm, corporation or other entity to operate such 66 program. 67 (c) The Department of [Public Health] Social Services shall publish on 68 its Internet web site a notice of grant availability for the period 69 beginning on [the effective date of this section] June 23, 2021, and ending 70 on June 30, [2023] 2024. 71 (d) Each community action agency applying for a grant under this 72 section shall submit an application in such form and manner as 73 prescribed by the Commissioner of [Public Health] Social Services. Each 74 application shall include the following information: (1) The location of 75 the principal place of business of the applicant; (2) the number of 76 community health workers employed by the applicant [or that] and the 77 Governor's Bill No. 5040 LCO No. 642 4 of 11 number of community health workers the applicant seeks to employ 78 under the grant and the range of services provided or to be provided by 79 such community health workers; (3) an explanation of the intended use 80 of the grant being applied for; (4) strategies for integrating community 81 health workers into an individual's care delivery team, including, but 82 not limited to, the capacity to address health care and social services 83 needs; and [(4)] (5) such other information that the commissioner deems 84 necessary. 85 (e) The Department of [Public Health] Social Services shall review all 86 grant applications received under the program and determine which 87 applications are eligible for funding. Criteria for such determinations 88 shall be established by the department and included in the notice of 89 grant availability described in subsection (c) of this section. 90 (f) The amount of any grant issued to a community action agency 91 pursuant to this section shall not exceed thirty thousand dollars 92 annually per community health worker employed by such agency and 93 the total amount of grants issued to community action agencies in the 94 aggregate shall not exceed six million dollars. No grant shall be issued 95 pursuant to this section after June 30, [2023] 2024. 96 [(g) (1) Not later than January 1, 2022, the Commissioner of Public 97 Health shall report, in accordance with the provisions of section 11-4a 98 of the general statutes, to the joint standing committee of the General 99 Assembly having cognizance of matters relating to public health and 100 human services regarding the progress of the program and including 101 any requisite legislative proposals to accomplish the goals of the 102 program.] 103 [(2)] (g) Not later than January 1, 2024, the Commissioner of [Public 104 Health] Social Services shall report, in accordance with the provisions of 105 section 11-4a of the general statutes, on the community health worker 106 grant program to the joint standing committees of the General Assembly 107 having cognizance of matters relating to public health and human 108 services. Such report shall include the following data regarding the 109 Governor's Bill No. 5040 LCO No. 642 5 of 11 program: [(A)] (1) The number of grants provided and the amount of 110 such grants; [(B)] (2) the identities of the community action agencies that 111 received such grants; [(C)] (3) the intended use of each grant provided, 112 as described by the community action agency pursuant to subdivision 113 (3) of subsection (d) of this section; [(D)] (4) the number of community 114 health workers employed by each community action agency that 115 received a grant at the time such agency received such grant and 116 information regarding the services provided by such community health 117 workers; and [(E)] (5) the number of community health workers 118 employed by each community action agency that received a grant at the 119 conclusion of the program and information regarding the services 120 provided by such community health workers. 121 Sec. 3. Section 37 of public act 21-2 of the June special session is 122 repealed and the following is substituted in lieu thereof (Effective from 123 passage): 124 The sum of $3,000,000 allocated in section 41 of special act 21-15 and 125 section 306 of [this act] public act 21-2 of the June special session, to the 126 Department of Public Health, for Community Health Workers, for each 127 of the fiscal years ending June 30, 2022, and June 30, 2023, shall be for 128 the purposes of the program established pursuant to section 36 of [this 129 act] public act 21-2 of the June special session, as amended by this act. 130 The Department of Public Health shall transfer such funds to the 131 Department of Social Services. 132 Sec. 4. Section 321 of public act 21-2 of the June special session is 133 repealed and the following is substituted in lieu thereof (Effective from 134 passage): 135 The Commissioner of Social Services shall, within the ten million 136 dollars in federal funds allocated to the Department of Social Services 137 pursuant to section 1 of special act 21-1, in accordance with the 138 provisions of Subtitle M of Title IX of the American Rescue Plan Act of 139 2021, P.L. 117-2, as amended from time to time, provide temporary 140 financial relief to nursing home facilities. [Grant allocations shall be 141 Governor's Bill No. 5040 LCO No. 642 6 of 11 made based on the per cent difference between the issued and calculated 142 reimbursement rate. The commissioner, within the available ten million 143 dollars in federal funding allocated to the department for this purpose, 144 shall issue one-time grants subject to a pro rata adjustment based on 145 available funding.] 146 Sec. 5. Section 325 of public act 21-2 of the June special session is 147 repealed and the following is substituted in lieu thereof (Effective from 148 passage): 149 Notwithstanding the provisions of section 17b-340 of the general 150 statutes, for the fiscal years ending June 30, 2022, and June 30, 2023, the 151 Commissioner of Social Services shall, for the purposes of providing 152 pandemic-related support, increase the minimum per diem, per bed rate 153 to five hundred one dollars for a residential facility licensed pursuant to 154 section 17a-227 of the general statutes and certified to participate in the 155 Title XIX Medicaid program as an intermediate care facility for 156 individuals with intellectual disability. 157 Sec. 6. Section 17b-112 of the 2022 supplement to the general statutes 158 is repealed and the following is substituted in lieu thereof (Effective from 159 passage): 160 (a) The Department of Social Services shall administer a temporary 161 family assistance program under which cash assistance shall be 162 provided to eligible families in accordance with the temporary 163 assistance for needy families program, established pursuant to the 164 Personal Responsibility and Work Opportunity Reconciliation Act of 165 1996. The Commissioner of Social Services may operate portions of the 166 temporary family assistance program as a solely state-funded program, 167 separate from the federal temporary assistance for needy families 168 program, if the commissioner determines that doing so will enable the 169 state to avoid fiscal penalties under the temporary assistance for needy 170 families program. Families receiving assistance under the solely state-171 funded portion of the temporary family assistance program shall be 172 subject to the same conditions of eligibility as those receiving assistance 173 Governor's Bill No. 5040 LCO No. 642 7 of 11 under the federal temporary assistance for needy families program. 174 Under the temporary family assistance program, benefits shall be 175 provided to a family for not longer than twenty-one months, except as 176 provided in subsections (b) and (c) of this section. For the purpose of 177 calculating said twenty-one-month time limit, months of assistance 178 received on and after January 1, 1996, pursuant to time limits under the 179 aid to families with dependent children program, shall be included. For 180 purposes of this section, "family" means one or more individuals who 181 apply for or receive assistance together under the temporary family 182 assistance program. If the commissioner determines that federal law 183 allows individuals not otherwise in an eligible covered group for the 184 temporary family assistance program to become covered, such family 185 may also, at the discretion of the commissioner, be composed of (1) a 186 pregnant woman, or (2) a parent, both parents or other caretaker relative 187 and at least one child who is under the age of eighteen, or who is under 188 the age of nineteen and a full-time student in a secondary school or its 189 equivalent. A caretaker relative shall be related to the child or children 190 by blood, marriage or adoption or shall be the legal guardian of such a 191 child or pursuing legal proceedings necessary to achieve guardianship. 192 If the commissioner elects to allow state eligibility consistent with any 193 change in federal law, the commissioner may administratively transfer 194 any qualifying family cases under the cash assistance portion of the 195 state-administered general assistance program to the temporary family 196 assistance program without regard to usual eligibility and enrollment 197 procedures. If such families become an ineligible coverage group under 198 the federal law, the commissioner shall administratively transfer such 199 families back to the cash assistance portion of the state-administered 200 general assistance program without regard to usual eligibility and 201 enrollment procedures to the degree that such families are eligible for 202 the state program. 203 (b) The Commissioner of Social Services shall exempt a family from 204 such time-limited benefits for circumstances including, but not limited 205 to: (1) A family with a needy caretaker relative who is incapacitated or 206 of an advanced age, as defined by the commissioner, if there is no other 207 Governor's Bill No. 5040 LCO No. 642 8 of 11 nonexempt caretaker relative in the household; (2) a family with a needy 208 caretaker relative who is needed in the home because of the incapacity 209 of another member of the household, if there is no other nonexempt 210 caretaker relative in the household; (3) a family with a caretaker relative 211 who is not legally responsible for the dependent children in the 212 household if such relative's needs are not considered in calculating the 213 amount of the benefit and there is no other nonexempt caretaker relative 214 in the household; (4) a family with a caretaker relative caring for a child 215 who is under one year of age if there is no other nonexempt caretaker 216 relative in the household; (5) a family with a pregnant or postpartum 217 caretaker relative if a physician has indicated that such relative is unable 218 to work and there is no other nonexempt caretaker relative in the 219 household; (6) a family with a caretaker relative determined by the 220 commissioner to be unemployable and there is no other nonexempt 221 caretaker relative in the household; and (7) minor parents attending and 222 satisfactorily completing high school or high school equivalency 223 programs. 224 (c) A family who is subject to time-limited benefits may petition the 225 Commissioner of Social Services for six-month extensions of such 226 benefits. The commissioner shall grant not more than two extensions to 227 such family who has made a good faith effort to comply with the 228 requirements of the program and despite such effort has a total family 229 income at a level below the payment standard, or has encountered 230 circumstances preventing employment including, but not limited to: (1) 231 Domestic violence or physical harm to such family's children; or (2) 232 other circumstances beyond such family's control. The commissioner 233 shall disregard ninety dollars of earned income in determining 234 applicable family income. The commissioner may grant a subsequent 235 six-month extension if each adult in the family meets one or more of the 236 following criteria: (A) The adult is precluded from engaging in 237 employment activities due to domestic violence or another reason 238 beyond the adult's control; (B) the adult has two or more substantiated 239 barriers to employment including, but not limited to, the lack of 240 available child care, substance abuse or addiction, severe mental or 241 Governor's Bill No. 5040 LCO No. 642 9 of 11 physical health problems, one or more severe learning disabilities, 242 domestic violence or a child who has a serious physical or behavioral 243 health problem; (C) the adult is working thirty-five or more hours per 244 week, is earning at least the minimum wage and continues to earn less 245 than the family's temporary family assistance payment standard; or (D) 246 the adult is employed and works less than thirty-five hours per week 247 due to (i) a documented medical impairment that limits the adult's 248 hours of employment, provided the adult works the maximum number 249 of hours that the medical condition permits, or (ii) the need to care for a 250 disabled member of the adult's household, provided the adult works the 251 maximum number of hours the adult's caregiving responsibilities 252 permit. Families receiving temporary family assistance shall be notified 253 by the department of the right to petition for such extensions. 254 Notwithstanding the provisions of this section, the commissioner shall 255 not provide benefits under the state's temporary family assistance 256 program to a family that is subject to the twenty-one month benefit limit 257 and has received benefits beginning on or after October 1, 1996, if such 258 benefits result in that family's receiving more than sixty months of time-259 limited benefits unless that family experiences domestic violence, as 260 defined in Section 402(a)(7)(B), P.L. 104-193. For the purpose of 261 calculating said sixty-month limit: (I) A month shall count toward the 262 limit if the family receives assistance for any day of the month, provided 263 any months of temporary family assistance received during the public 264 health emergency declared by Governor Ned Lamont related to the 265 COVID-19 pandemic shall not be included, and (II) a month in which a 266 family receives temporary assistance for needy families benefits that are 267 issued from a jurisdiction other than Connecticut shall count toward the 268 limit. 269 (d) Under said program, no family shall be eligible that has total gross 270 earnings exceeding the federal poverty level, however, in the calculation 271 of the benefit amount for eligible families and previously eligible 272 families that become ineligible temporarily because of receipt of 273 workers' compensation benefits by a family member who subsequently 274 returns to work immediately after the period of receipt of such benefits, 275 Governor's Bill No. 5040 LCO No. 642 10 of 11 earned income shall be disregarded up to the federal poverty level. 276 Except when determining eligibility for a six-month extension of 277 benefits pursuant to subsection (c) of this section, the commissioner 278 shall disregard the first fifty dollars per month of income attributable to 279 current child support that a family receives in determining eligibility 280 and benefit levels for temporary family assistance. Any current child 281 support in excess of fifty dollars per month collected by the department 282 on behalf of an eligible child shall be considered in determining 283 eligibility but shall not be considered when calculating benefits and 284 shall be taken as reimbursement for assistance paid under this section, 285 except that when the current child support collected exceeds the family's 286 monthly award of temporary family assistance benefits plus fifty 287 dollars, the current child support shall be paid to the family and shall be 288 considered when calculating benefits. 289 (e) A family receiving assistance under said program shall cooperate 290 with child support enforcement, under title IV-D of the Social Security 291 Act. A family shall be ineligible for benefits for failure to cooperate with 292 child support enforcement. 293 (f) A family leaving assistance at the end of (1) said twenty-one-294 month time limit, including a family with income above the payment 295 standard, or (2) the sixty-month limit shall have an interview for the 296 purpose of being informed of services that may continue to be available 297 to such family, including employment services available through the 298 Labor Department. Such interview shall include (A) a determination of 299 benefits available to the family provided by the Department of Social 300 Services; and (B) a determination of whether such family is eligible for 301 supplemental nutrition assistance or Medicaid. Information and 302 referrals shall be made to such a family for services and benefits 303 including, but not limited to, the earned income tax credit, rental 304 subsidies emergency housing, employment services and energy 305 assistance. 306 [(g) Notwithstanding section 17b-104, commencing on July 1, 2023, 307 the Commissioner of Social Services shall provide an annual cost-of-308 Governor's Bill No. 5040 LCO No. 642 11 of 11 living adjustment in temporary family assistance benefits equal to the 309 most recent percentage increase in the consumer price index for urban 310 consumers whenever funds appropriated for temporary family 311 assistance lapse at the close of any fiscal year and such adjustment has 312 not otherwise been included in the budget for the assistance program, 313 provided the increase would not create a budget deficiency in 314 succeeding years. The commissioner shall provide a prorated benefit 315 increase from such available lapsed funds in any fiscal year when such 316 funds are not sufficient to cover a cost-of-living adjustment in 317 accordance with this subsection.] 318 [(h)] (g) An applicant or recipient of temporary family assistance who 319 is adversely affected by a decision of the Commissioner of Social 320 Services may request and shall be provided a hearing in accordance 321 with section 17b-60. 322 This act shall take effect as follows and shall amend the following sections: Section 1 from passage 19a-7d Sec. 2 from passage PA 21-2 of the June Sp. Sess., Sec. 36 Sec. 3 from passage PA 21-2 of the June Sp. Sess., Sec. 37 Sec. 4 from passage PA 21-2 of the June Sp. Sess., Sec. 321 Sec. 5 from passage PA 21-2 of the June Sp. Sess., Sec. 325 Sec. 6 from passage 17b-112 Statement of Purpose: To implement the Governor's budget recommendations. [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.]