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General Assembly Raised Bill No. 5229
February Session, 2022
LCO No. 656
Referred to Committee on HUMAN SERVICES
Introduced by:
(HS)
AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS'
RECOMMENDATIONS FOR TECHNICAL REVISIONS TO HUMAN
SERVICES-RELATED STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (b) of section 4-216a of the 2022 supplement to 1
the general statutes is repealed and the following is substituted in lieu 2
thereof (Effective from passage): 3
(b) No state agency contracting with a nonprofit provider of human 4
services may attempt to recover or otherwise offset funds obtained or 5
retained by such nonprofit provider through loan forgiveness. For 6
purposes of this subsection, "attempt to recover or otherwise offset" 7
means (1) reductions in contracted amounts for the same or similar 8
services from the contract period before such loan forgiveness to the 9
next contract period, or (2) demands for reimbursement of state funds 10
from such providers in the amount of any loan forgiveness. 11
Sec. 2. Subsection (b) of section 17b-59a of the 2022 supplement to the 12
general statutes is repealed and the following is substituted in lieu 13
thereof (Effective from passage): 14 Raised Bill No. 5229
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(b) The Commissioner of Social Services, in consultation with the 15
executive director of the Office of Health Strategy, established under 16
section 19a-754a, shall (1) develop, throughout the Departments of 17
Developmental Services, Public Health, Correction, Children and 18
Families, Veterans Affairs and Mental Health and Addiction Services, 19
uniform management information, uniform statistical information, 20
uniform terminology for similar facilities, and uniform electronic health 21
information technology standards, (2) plan for increased participation 22
of the private sector in the delivery of human services, and (3) provide 23
direction and coordination to federally funded programs in the human 24
services agencies and recommend uniform system improvements and 25
reallocation of physical resources and designation of a single 26
responsibility across human services agencies lines to facilitate shared 27
services and eliminate duplication. 28
Sec. 3. Section 17b-261w of the 2022 supplement to the general 29
statutes is repealed and the following is substituted in lieu thereof 30
(Effective from passage): 31
The Commissioner of Social Services may waive or suspend, in whole 32
or in part, to the extent the commissioner deems necessary, any prior 33
authorization or other utilization review criteria and procedures for the 34
[Connecticut] state medical assistance program. The commissioner shall 35
include notice of any such waiver or suspension in a provider bulletin 36
sent to affected providers and posted on the [Connecticut Medical 37
Assistance Program] state medical assistance program's Internet web 38
site not later than fourteen days before implementing such waiver or 39
suspension. As used in this section, ["Connecticut medical assistance 40
program"] "state medical assistance program" means the state's 41
Medicaid program and the Children's Health Insurance Program under 42
Title XXI of the Social Security Act, as amended from time to time. 43
Sec. 4. Subsection (b) of section 7-127h of the 2022 supplement to the 44
general statutes is repealed and the following is substituted in lieu 45
thereof (Effective from passage): 46 Raised Bill No. 5229
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(b) A multipurpose senior center established pursuant to subsection 47
(a) of this section may [, but need not be limited to, providing] provide 48
assistance, including, but not limited to: (1) Nutrition services; (2) health 49
programs, including, but not limited to, mental health, behavioral 50
health and wellness programs; (3) employment assistance; (4) 51
intergenerational initiatives; (5) community service and civic 52
engagement opportunities; (6) public benefits counseling; (7) 53
socialization and educational opportunities; (8) transportation; (9) peer 54
counseling; (10) financial and retirement counseling; (11) arts and 55
recreation programs; and (12) case management services. 56
Sec. 5. Subsection (b) of section 19a-550b of the 2022 supplement to 57
the general statutes is repealed and the following is substituted in lieu 58
thereof (Effective from passage): 59
(b) (1) A resident shall have the right to use technology of the 60
resident's choice that facilitates virtual monitoring or virtual visitation, 61
provided: 62
[(1)] (A) The purchase, activation, installation, maintenance, repair, 63
operation, deactivation and removal of such technology is at the 64
expense of the resident; 65
[(2)] (B) The technology and any recordings and images obtained 66
therefrom are used by the resident and any person communicating with 67
the resident or monitoring the resident in a manner that does not violate 68
any individual's right to privacy under state or federal law and in 69
accordance with the provisions of this section; 70
[(3)] (C) A clear and conspicuous notice is placed on the door of the 71
resident's room or living unit indicating that technology enabling 72
virtual monitoring and intended for such use may be in use; 73
[(4)] (D) In cases where the resident intends to use technology for 74
virtual monitoring in shared living situations, the resident or resident 75
representative provides advance notice to a roommate or the 76
roommate's representative specifying the type of technology, the 77 Raised Bill No. 5229
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proposed location of the device, its intended use, intended hours of 78
operation and whether the device is capable of recording audio or video 79
or being activated remotely; 80
[(5)] (E) The resident or resident representative [(A)] (i) obtains the 81
written consent of all roommates or resident representatives of all 82
roommates for the use of the technology for virtual monitoring, and 83
[(B)] (ii) if any roommate withdraws consent, ceases using the 84
technology for virtual monitoring until consent is obtained; and 85
[(6)] (F) The resident or resident representative files a signed, written 86
notice with the nursing home facility and a copy of any written consent 87
of any roommate not less than seven days before installing or using such 88
technology for virtual monitoring that [(A)] (i) identifies the type of 89
technology, its intended use, intended hours of operation and location 90
of such technology in the room or living quarters, [(B)] (ii) states 91
whether the technology is capable of recording audio or video or being 92
activated or controlled remotely, [(C)] (iii) acknowledges that the 93
resident is responsible for the purchase, activation, installation, 94
maintenance, repair, operation, deactivation and removal of such 95
technology, and [(D)] (iv) includes a waiver of all civil, criminal and 96
administrative liability for the nursing home facility in accordance with 97
subsection (d) of this section. 98
(2) Except [for the provisions of subdivision (2)] as provided in 99
subparagraph (B) of subdivision (1) of this subsection, the provisions of 100
this subsection shall not apply to cellular mobile telephones used 101
primarily for telephonic communication or tablets not used for virtual 102
monitoring. If a roommate withdraws consent for the use of technology 103
for virtual monitoring, a resident or resident representative shall inform 104
the facility, in writing, not later than seven days after the roommate 105
withdraws consent. 106
Sec. 6. Subdivision (1) of subsection (c) of section 19a-550b of the 2022 107
supplement to the general statutes is repealed and the following is 108
substituted in lieu thereof (Effective from passage): 109 Raised Bill No. 5229
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(c) (1) A nursing home facility shall provide Internet access, electricity 110
and a power source for technology used for virtual monitoring or virtual 111
visitation at no cost to a resident, provided (A) a nursing home facility 112
includes the cost of providing Internet access in cost reports filed with 113
the Department of Social Services for purposes of Medicaid 114
reimbursement, (B) the cost is reimbursed to the facility if the 115
department determines that such cost is eligible for reimbursement 116
pursuant to section 17b-340, (C) the Commissioner of Social Services 117
uses any available funding provided by the federal government to the 118
state and authorized by the federal government for expenses related to 119
COVID-19 at nursing home facilities to provide grants-in-aid to such 120
facilities for such upgrades, provided such use is approved by the 121
federal government, and (D) a nursing home facility may assess a 122
prorated portion of any unreimbursed cost of such upgrades to any 123
resident privately paying for a residence in such facility and using such 124
technology. A resident may also procure his or her own Internet 125
connectivity. A private-paying resident who procures his or her own 126
Internet connectivity shall not be charged for the cost of any Internet 127
infrastructure upgrades by the nursing home facility necessary for 128
residents to use such technology. For purposes of this subdivision, 129
"COVID-19" means the respiratory disease designated by the World 130
Health Organization on February 11, 2020, as coronavirus 2019, and any 131
related mutation thereof recognized by said organization as a 132
communicable respiratory disease. 133
Sec. 7. Subdivision (10) of subsection (b) of section 46a-60 of the 2022 134
supplement to the general statutes is repealed and the following is 135
substituted in lieu thereof (Effective from passage): 136
(10) For an employer, by the employer or the employer's agent, after 137
informing an employee, pursuant to subdivision (9) of this subsection, 138
of a workplace exposure to substances which may cause birth defects or 139
constitute a hazard to an employee's reproductive system or to a fetus, 140
to fail or refuse, upon the employee's request, to take reasonable 141
measures to protect the employee from the exposure or hazard 142
identified, or to fail or refuse to inform the employee that the measures 143 Raised Bill No. 5229
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taken may be the subject of a complaint filed under the provisions of 144
this chapter. Nothing in this subdivision is intended to prohibit an 145
employer from taking reasonable measures to protect an employee from 146
exposure to such substances. For the purpose of this subdivision, 147
"reasonable measures" [shall be] are those measures which are 148
consistent with business necessity and are least disruptive of the terms 149
and conditions of the employee's employment; 150
Sec. 8. Subsection (d) of section 46a-60 of the 2022 supplement to the 151
general statutes is repealed and the following is substituted in lieu 152
thereof (Effective from passage): 153
(d) (1) An employer shall provide written notice of the right to be free 154
from discrimination in relation to pregnancy, childbirth and related 155
conditions, including the right to a reasonable accommodation to the 156
known limitations related to pregnancy pursuant to subdivision (7) of 157
subsection (b) of this section to: (A) New employees at the 158
commencement of employment; (B) existing employees within one 159
hundred twenty days [after the effective date of this section] of October 160
1, 2017; and (C) any employee who notifies the employer of her 161
pregnancy within ten days of such notification. An employer may 162
comply with the provisions of this section by displaying a poster in a 163
conspicuous place, accessible to employees, at the employer's place of 164
business that contains the information required by this section in both 165
English and Spanish. The Labor Commissioner may adopt regulations, 166
in accordance with chapter 54, to establish additional requirements 167
concerning the means by which employers shall provide such notice. 168
(2) The Commission on Human Rights and Opportunities shall 169
develop courses of instruction and conduct ongoing public education 170
efforts as necessary to inform employers, employees, employment 171
agencies and persons seeking employment about their rights and 172
responsibilities under this section. 173
This act shall take effect as follows and shall amend the following
sections:
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Section 1 from passage 4-216a(b)
Sec. 2 from passage 17b-59a(b)
Sec. 3 from passage 17b-261w
Sec. 4 from passage 7-127h(b)
Sec. 5 from passage 19a-550b(b)
Sec. 6 from passage 19a-550b(c)(1)
Sec. 7 from passage 46a-60(b)(10)
Sec. 8 from passage 46a-60(d)
Statement of Purpose:
To make technical revisions to human services-related statutes.
[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.]