House Bill No. 5229
Public Act No. 22-78
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
the general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(b) No state agency contracting with a nonprofit provider of human
services may attempt to recover or otherwise offset funds obtained or
retained by such nonprofit provider through loan forgiveness. For
purposes of this subsection, "attempt to recover or otherwise offset"
means (1) reductions in contracted amounts for the same or similar
services from the contract period before such loan forgiveness to the
next contract period, or (2) demands for reimbursement of state funds
from such providers in the amount of any loan forgiveness.
Sec. 2. Subsection (b) of section 17b-59a of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(b) The Commissioner of Social Services, in consultation with the
executive director of the Office of Health Strategy, established under House Bill No. 5229
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section 19a-754a, shall (1) develop, throughout the Departments of
Developmental Services, Public Health, Correction, Children and
Families, Veterans Affairs and Mental Health and Addiction Services,
uniform management information, uniform statistical information,
uniform terminology for similar facilities, and uniform electronic health
information technology standards, (2) plan for increased participation
of the private sector in the delivery of human services, and (3) provide
direction and coordination to federally funded programs in the human
services agencies and recommend uniform system improvements and
reallocation of physical resources and designation of a single
responsibility across human services agencies lines to facilitate shared
services and eliminate duplication.
Sec. 3. Section 17b-261w of the 2022 supplement to the general
statutes is repealed and the following is substituted in lieu thereof
(Effective from passage):
The Commissioner of Social Services may waive or suspend, in whole
or in part, to the extent the commissioner deems necessary, any prior
authorization or other utilization review criteria and procedures for the
[Connecticut] state medical assistance program. The commissioner shall
include notice of any such waiver or suspension in a provider bulletin
sent to affected providers and posted on the [Connecticut Medical
Assistance Program] state medical assistance program's Internet web
site not later than fourteen days before implementing such waiver or
suspension. As used in this section, ["Connecticut medical assistance
program"] "state medical assistance program" means the state's
Medicaid program and the Children's Health Insurance Program under
Title XXI of the Social Security Act, as amended from time to time.
Sec. 4. Subsection (b) of section 7-127h of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage): House Bill No. 5229
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(b) A multipurpose senior center established pursuant to subsection
(a) of this section may [, but need not be limited to, providing] provide
assistance, including, but not limited to: (1) Nutrition services; (2) health
programs, including, but not limited to, mental health, behavioral
health and wellness programs; (3) employment assistance; (4)
intergenerational initiatives; (5) community service and civic
engagement opportunities; (6) public benefits counseling; (7)
socialization and educational opportunities; (8) transportation; (9) peer
counseling; (10) financial and retirement counseling; (11) arts and
recreation programs; and (12) case management services.
Sec. 5. Subsection (b) of section 19a-550b of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(b) (1) A resident shall have the right to use technology of the
resident's choice that facilitates virtual monitoring or virtual visitation,
provided:
[(1)] (A) The purchase, activation, installation, maintenance, repair,
operation, deactivation and removal of such technology is at the
expense of the resident;
[(2)] (B) The technology and any recordings and images obtained
therefrom are used by the resident and any person communicating with
the resident or monitoring the resident in a manner that does not violate
any individual's right to privacy under state or federal law and in
accordance with the provisions of this section;
[(3)] (C) A clear and conspicuous notice is placed on the door of the
resident's room or living unit indicating that technology enabling
virtual monitoring and intended for such use may be in use;
[(4)] (D) In cases where the resident intends to use technology for
virtual monitoring in shared living situations, the resident or resident House Bill No. 5229
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representative provides advance notice to a roommate or the
roommate's representative specifying the type of technology, the
proposed location of the device, its intended use, intended hours of
operation and whether the device is capable of recording audio or video
or being activated remotely;
[(5)] (E) The resident or resident representative [(A)] (i) obtains the
written consent of all roommates or resident representatives of all
roommates for the use of the technology for virtual monitoring, and
[(B)] (ii) if any roommate withdraws consent, ceases using the
technology for virtual monitoring until consent is obtained; and
[(6)] (F) The resident or resident representative files a signed, written
notice with the nursing home facility and a copy of any written consent
of any roommate not less than seven days before installing or using such
technology for virtual monitoring that [(A)] (i) identifies the type of
technology, its intended use, intended hours of operation and location
of such technology in the room or living quarters, [(B)] (ii) states
whether the technology is capable of recording audio or video or being
activated or controlled remotely, [(C)] (iii) acknowledges that the
resident is responsible for the purchase, activation, installation,
maintenance, repair, operation, deactivation and removal of such
technology, and [(D)] (iv) includes a waiver of all civil, criminal and
administrative liability for the nursing home facility in accordance with
subsection (d) of this section.
(2) Except [for the provisions of subdivision (2)] as provided in
subparagraph (B) of subdivision (1) of this subsection, the provisions of
this subsection shall not apply to cellular mobile telephones used
primarily for telephonic communication or tablets not used for virtual
monitoring. If a roommate withdraws consent for the use of technology
for virtual monitoring, a resident or resident representative shall inform
the facility, in writing, not later than seven days after the roommate
withdraws consent. House Bill No. 5229
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Sec. 6. Subdivision (1) of subsection (c) of section 19a-550b of the 2022
supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective from passage):
(c) (1) A nursing home facility shall provide Internet access, electricity
and a power source for technology used for virtual monitoring or virtual
visitation at no cost to a resident, provided (A) a nursing home facility
includes the cost of providing Internet access in cost reports filed with
the Department of Social Services for purposes of Medicaid
reimbursement, (B) the cost is reimbursed to the facility if the
department determines that such cost is eligible for reimbursement
pursuant to section 17b-340, (C) the Commissioner of Social Services
uses any available funding provided by the federal government to the
state and authorized by the federal government for expenses related to
COVID-19 at nursing home facilities to provide grants-in-aid to such
facilities for such upgrades, provided such use is approved by the
federal government, and (D) a nursing home facility may assess a
prorated portion of any unreimbursed cost of such upgrades to any
resident privately paying for a residence in such facility and using such
technology. A resident may also procure his or her own Internet
connectivity. A private-paying resident who procures his or her own
Internet connectivity shall not be charged for the cost of any Internet
infrastructure upgrades by the nursing home facility necessary for
residents to use such technology. For purposes of this subdivision,
"COVID-19" means the respiratory disease designated by the World
Health Organization on February 11, 2020, as coronavirus 2019, and any
related mutation thereof recognized by said organization as a
communicable respiratory disease.
Sec. 7. Subdivision (10) of subsection (b) of section 46a-60 of the 2022
supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective from passage):
(10) For an employer, by the employer or the employer's agent, after House Bill No. 5229
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informing an employee, pursuant to subdivision (9) of this subsection,
of a workplace exposure to substances which may cause birth defects or
constitute a hazard to an employee's reproductive system or to a fetus,
to fail or refuse, upon the employee's request, to take reasonable
measures to protect the employee from the exposure or hazard
identified, or to fail or refuse to inform the employee that the measures
taken may be the subject of a complaint filed under the provisions of
this chapter. Nothing in this subdivision is intended to prohibit an
employer from taking reasonable measures to protect an employee from
exposure to such substances. For the purpose of this subdivision,
"reasonable measures" [shall be] are those measures which are
consistent with business necessity and are least disruptive of the terms
and conditions of the employee's employment;
Sec. 8. Subsection (d) of section 46a-60 of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(d) (1) An employer shall provide written notice of the right to be free
from discrimination in relation to pregnancy, childbirth and related
conditions, including the right to a reasonable accommodation to the
known limitations related to pregnancy pursuant to subdivision (7) of
subsection (b) of this section to: (A) New employees at the
commencement of employment; (B) existing employees within one
hundred twenty days [after the effective date of this section] of October
1, 2017; and (C) any employee who notifies the employer of her
pregnancy within ten days of such notification. An employer may
comply with the provisions of this section by displaying a poster in a
conspicuous place, accessible to employees, at the employer's place of
business that contains the information required by this section in both
English and Spanish. The Labor Commissioner may adopt regulations,
in accordance with chapter 54, to establish additional requirements
concerning the means by which employers shall provide such notice. House Bill No. 5229
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(2) The Commission on Human Rights and Opportunities shall
develop courses of instruction and conduct ongoing public education
efforts as necessary to inform employers, employees, employment
agencies and persons seeking employment about their rights and
responsibilities under this section.