Connecticut 2022 Regular Session

Connecticut House Bill HB05229 Compare Versions

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Version 2 (New)

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3	6
4		-	House Bill No. 5229
	7	+	General Assembly Raised Bill No. 5229
	8	+	February Session, 2022
	9	+	LCO No. 656
5	10
6		-	Public Act No. 22-78
	11	+
	12	+	Referred to Committee on HUMAN SERVICES
	13	+
	14	+
	15	+	Introduced by:
	16	+	(HS)
	17	+
7	18
8	19
9	20		AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS'
10	21		RECOMMENDATIONS FOR TECHNICAL REVISIONS TO HUMAN
11	22		SERVICES-RELATED STATUTES.
12	23		Be it enacted by the Senate and House of Representatives in General
13	24		Assembly convened:
14	25
15		-	Section 1. Subsection (b) of section 4-216a of the 2022 supplement to
16		-	the general statutes is repealed and the following is substituted in lieu
17		-	thereof (Effective from passage):
18		-	(b) No state agency contracting with a nonprofit provider of human
19		-	services may attempt to recover or otherwise offset funds obtained or
20		-	retained by such nonprofit provider through loan forgiveness. For
21		-	purposes of this subsection, "attempt to recover or otherwise offset"
22		-	means (1) reductions in contracted amounts for the same or similar
23		-	services from the contract period before such loan forgiveness to the
24		-	next contract period, or (2) demands for reimbursement of state funds
25		-	from such providers in the amount of any loan forgiveness.
26		-	Sec. 2. Subsection (b) of section 17b-59a of the 2022 supplement to the
27		-	general statutes is repealed and the following is substituted in lieu
28		-	thereof (Effective from passage):
29		-	(b) The Commissioner of Social Services, in consultation with the
30		-	executive director of the Office of Health Strategy, established under House Bill No. 5229
	26	+	Section 1. Subsection (b) of section 4-216a of the 2022 supplement to 1
	27	+	the general statutes is repealed and the following is substituted in lieu 2
	28	+	thereof (Effective from passage): 3
	29	+	(b) No state agency contracting with a nonprofit provider of human 4
	30	+	services may attempt to recover or otherwise offset funds obtained or 5
	31	+	retained by such nonprofit provider through loan forgiveness. For 6
	32	+	purposes of this subsection, "attempt to recover or otherwise offset" 7
	33	+	means (1) reductions in contracted amounts for the same or similar 8
	34	+	services from the contract period before such loan forgiveness to the 9
	35	+	next contract period, or (2) demands for reimbursement of state funds 10
	36	+	from such providers in the amount of any loan forgiveness. 11
	37	+	Sec. 2. Subsection (b) of section 17b-59a of the 2022 supplement to the 12
	38	+	general statutes is repealed and the following is substituted in lieu 13 Raised Bill No. 5229
31	39
32		-	Public Act No. 22-78 2 of 7
33	40
34		-	section 19a-754a, shall (1) develop, throughout the Departments of
35		-	Developmental Services, Public Health, Correction, Children and
36		-	Families, Veterans Affairs and Mental Health and Addiction Services,
37		-	uniform management information, uniform statistical information,
38		-	uniform terminology for similar facilities, and uniform electronic health
39		-	information technology standards, (2) plan for increased participation
40		-	of the private sector in the delivery of human services, and (3) provide
41		-	direction and coordination to federally funded programs in the human
42		-	services agencies and recommend uniform system improvements and
43		-	reallocation of physical resources and designation of a single
44		-	responsibility across human services agencies lines to facilitate shared
45		-	services and eliminate duplication.
46		-	Sec. 3. Section 17b-261w of the 2022 supplement to the general
47		-	statutes is repealed and the following is substituted in lieu thereof
48		-	(Effective from passage):
49		-	The Commissioner of Social Services may waive or suspend, in whole
50		-	or in part, to the extent the commissioner deems necessary, any prior
51		-	authorization or other utilization review criteria and procedures for the
52		-	[Connecticut] state medical assistance program. The commissioner shall
53		-	include notice of any such waiver or suspension in a provider bulletin
54		-	sent to affected providers and posted on the [Connecticut Medical
55		-	Assistance Program] state medical assistance program's Internet web
56		-	site not later than fourteen days before implementing such waiver or
57		-	suspension. As used in this section, ["Connecticut medical assistance
58		-	program"] "state medical assistance program" means the state's
59		-	Medicaid program and the Children's Health Insurance Program under
60		-	Title XXI of the Social Security Act, as amended from time to time.
61		-	Sec. 4. Subsection (b) of section 7-127h of the 2022 supplement to the
62		-	general statutes is repealed and the following is substituted in lieu
63		-	thereof (Effective from passage): House Bill No. 5229
	41	+	LCO 656 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05229-
	42	+	R01-HB.docx }
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64	44
65		-	Public Act No. 22-78 3 of 7
	45	+	thereof (Effective from passage): 14
	46	+	(b) The Commissioner of Social Services, in consultation with the 15
	47	+	executive director of the Office of Health Strategy, established under 16
	48	+	section 19a-754a, shall (1) develop, throughout the Departments of 17
	49	+	Developmental Services, Public Health, Correction, Children and 18
	50	+	Families, Veterans Affairs and Mental Health and Addiction Services, 19
	51	+	uniform management information, uniform statistical information, 20
	52	+	uniform terminology for similar facilities, and uniform electronic health 21
	53	+	information technology standards, (2) plan for increased participation 22
	54	+	of the private sector in the delivery of human services, and (3) provide 23
	55	+	direction and coordination to federally funded programs in the human 24
	56	+	services agencies and recommend uniform system improvements and 25
	57	+	reallocation of physical resources and designation of a single 26
	58	+	responsibility across human services agencies lines to facilitate shared 27
	59	+	services and eliminate duplication. 28
	60	+	Sec. 3. Section 17b-261w of the 2022 supplement to the general 29
	61	+	statutes is repealed and the following is substituted in lieu thereof 30
	62	+	(Effective from passage): 31
	63	+	The Commissioner of Social Services may waive or suspend, in whole 32
	64	+	or in part, to the extent the commissioner deems necessary, any prior 33
	65	+	authorization or other utilization review criteria and procedures for the 34
	66	+	[Connecticut] state medical assistance program. The commissioner shall 35
	67	+	include notice of any such waiver or suspension in a provider bulletin 36
	68	+	sent to affected providers and posted on the [Connecticut Medical 37
	69	+	Assistance Program] state medical assistance program's Internet web 38
	70	+	site not later than fourteen days before implementing such waiver or 39
	71	+	suspension. As used in this section, ["Connecticut medical assistance 40
	72	+	program"] "state medical assistance program" means the state's 41
	73	+	Medicaid program and the Children's Health Insurance Program under 42
	74	+	Title XXI of the Social Security Act, as amended from time to time. 43
	75	+	Sec. 4. Subsection (b) of section 7-127h of the 2022 supplement to the 44
	76	+	general statutes is repealed and the following is substituted in lieu 45 Raised Bill No. 5229
66	77
67		-	(b) A multipurpose senior center established pursuant to subsection
68		-	(a) of this section may [, but need not be limited to, providing] provide
69		-	assistance, including, but not limited to: (1) Nutrition services; (2) health
70		-	programs, including, but not limited to, mental health, behavioral
71		-	health and wellness programs; (3) employment assistance; (4)
72		-	intergenerational initiatives; (5) community service and civic
73		-	engagement opportunities; (6) public benefits counseling; (7)
74		-	socialization and educational opportunities; (8) transportation; (9) peer
75		-	counseling; (10) financial and retirement counseling; (11) arts and
76		-	recreation programs; and (12) case management services.
77		-	Sec. 5. Subsection (b) of section 19a-550b of the 2022 supplement to
78		-	the general statutes is repealed and the following is substituted in lieu
79		-	thereof (Effective from passage):
80		-	(b) (1) A resident shall have the right to use technology of the
81		-	resident's choice that facilitates virtual monitoring or virtual visitation,
82		-	provided:
83		-	[(1)] (A) The purchase, activation, installation, maintenance, repair,
84		-	operation, deactivation and removal of such technology is at the
85		-	expense of the resident;
86		-	[(2)] (B) The technology and any recordings and images obtained
87		-	therefrom are used by the resident and any person communicating with
88		-	the resident or monitoring the resident in a manner that does not violate
89		-	any individual's right to privacy under state or federal law and in
90		-	accordance with the provisions of this section;
91		-	[(3)] (C) A clear and conspicuous notice is placed on the door of the
92		-	resident's room or living unit indicating that technology enabling
93		-	virtual monitoring and intended for such use may be in use;
94		-	[(4)] (D) In cases where the resident intends to use technology for
95		-	virtual monitoring in shared living situations, the resident or resident House Bill No. 5229
96	78
97		-	Public Act No. 22-78 4 of 7
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98	82
99		-	representative provides advance notice to a roommate or the
100		-	roommate's representative specifying the type of technology, the
101		-	proposed location of the device, its intended use, intended hours of
102		-	operation and whether the device is capable of recording audio or video
103		-	or being activated remotely;
104		-	[(5)] (E) The resident or resident representative [(A)] (i) obtains the
105		-	written consent of all roommates or resident representatives of all
106		-	roommates for the use of the technology for virtual monitoring, and
107		-	[(B)] (ii) if any roommate withdraws consent, ceases using the
108		-	technology for virtual monitoring until consent is obtained; and
109		-	[(6)] (F) The resident or resident representative files a signed, written
110		-	notice with the nursing home facility and a copy of any written consent
111		-	of any roommate not less than seven days before installing or using such
112		-	technology for virtual monitoring that [(A)] (i) identifies the type of
113		-	technology, its intended use, intended hours of operation and location
114		-	of such technology in the room or living quarters, [(B)] (ii) states
115		-	whether the technology is capable of recording audio or video or being
116		-	activated or controlled remotely, [(C)] (iii) acknowledges that the
117		-	resident is responsible for the purchase, activation, installation,
118		-	maintenance, repair, operation, deactivation and removal of such
119		-	technology, and [(D)] (iv) includes a waiver of all civil, criminal and
120		-	administrative liability for the nursing home facility in accordance with
121		-	subsection (d) of this section.
122		-	(2) Except [for the provisions of subdivision (2)] as provided in
123		-	subparagraph (B) of subdivision (1) of this subsection, the provisions of
124		-	this subsection shall not apply to cellular mobile telephones used
125		-	primarily for telephonic communication or tablets not used for virtual
126		-	monitoring. If a roommate withdraws consent for the use of technology
127		-	for virtual monitoring, a resident or resident representative shall inform
128		-	the facility, in writing, not later than seven days after the roommate
129		-	withdraws consent. House Bill No. 5229
	83	+	thereof (Effective from passage): 46
	84	+	(b) A multipurpose senior center established pursuant to subsection 47
	85	+	(a) of this section may [, but need not be limited to, providing] provide 48
	86	+	assistance, including, but not limited to: (1) Nutrition services; (2) health 49
	87	+	programs, including, but not limited to, mental health, behavioral 50
	88	+	health and wellness programs; (3) employment assistance; (4) 51
	89	+	intergenerational initiatives; (5) community service and civic 52
	90	+	engagement opportunities; (6) public benefits counseling; (7) 53
	91	+	socialization and educational opportunities; (8) transportation; (9) peer 54
	92	+	counseling; (10) financial and retirement counseling; (11) arts and 55
	93	+	recreation programs; and (12) case management services. 56
	94	+	Sec. 5. Subsection (b) of section 19a-550b of the 2022 supplement to 57
	95	+	the general statutes is repealed and the following is substituted in lieu 58
	96	+	thereof (Effective from passage): 59
	97	+	(b) (1) A resident shall have the right to use technology of the 60
	98	+	resident's choice that facilitates virtual monitoring or virtual visitation, 61
	99	+	provided: 62
	100	+	[(1)] (A) The purchase, activation, installation, maintenance, repair, 63
	101	+	operation, deactivation and removal of such technology is at the 64
	102	+	expense of the resident; 65
	103	+	[(2)] (B) The technology and any recordings and images obtained 66
	104	+	therefrom are used by the resident and any person communicating with 67
	105	+	the resident or monitoring the resident in a manner that does not violate 68
	106	+	any individual's right to privacy under state or federal law and in 69
	107	+	accordance with the provisions of this section; 70
	108	+	[(3)] (C) A clear and conspicuous notice is placed on the door of the 71
	109	+	resident's room or living unit indicating that technology enabling 72
	110	+	virtual monitoring and intended for such use may be in use; 73
	111	+	[(4)] (D) In cases where the resident intends to use technology for 74
	112	+	virtual monitoring in shared living situations, the resident or resident 75 Raised Bill No. 5229
130	113
131		-	Public Act No. 22-78 5 of 7
132	114
133		-	Sec. 6. Subdivision (1) of subsection (c) of section 19a-550b of the 2022
134		-	supplement to the general statutes is repealed and the following is
135		-	substituted in lieu thereof (Effective from passage):
136		-	(c) (1) A nursing home facility shall provide Internet access, electricity
137		-	and a power source for technology used for virtual monitoring or virtual
138		-	visitation at no cost to a resident, provided (A) a nursing home facility
139		-	includes the cost of providing Internet access in cost reports filed with
140		-	the Department of Social Services for purposes of Medicaid
141		-	reimbursement, (B) the cost is reimbursed to the facility if the
142		-	department determines that such cost is eligible for reimbursement
143		-	pursuant to section 17b-340, (C) the Commissioner of Social Services
144		-	uses any available funding provided by the federal government to the
145		-	state and authorized by the federal government for expenses related to
146		-	COVID-19 at nursing home facilities to provide grants-in-aid to such
147		-	facilities for such upgrades, provided such use is approved by the
148		-	federal government, and (D) a nursing home facility may assess a
149		-	prorated portion of any unreimbursed cost of such upgrades to any
150		-	resident privately paying for a residence in such facility and using such
151		-	technology. A resident may also procure his or her own Internet
152		-	connectivity. A private-paying resident who procures his or her own
153		-	Internet connectivity shall not be charged for the cost of any Internet
154		-	infrastructure upgrades by the nursing home facility necessary for
155		-	residents to use such technology. For purposes of this subdivision,
156		-	"COVID-19" means the respiratory disease designated by the World
157		-	Health Organization on February 11, 2020, as coronavirus 2019, and any
158		-	related mutation thereof recognized by said organization as a
159		-	communicable respiratory disease.
160		-	Sec. 7. Subdivision (10) of subsection (b) of section 46a-60 of the 2022
161		-	supplement to the general statutes is repealed and the following is
162		-	substituted in lieu thereof (Effective from passage):
163		-	(10) For an employer, by the employer or the employer's agent, after House Bill No. 5229
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164	118
165		-	Public Act No. 22-78 6 of 7
	119	+	representative provides advance notice to a roommate or the 76
	120	+	roommate's representative specifying the type of technology, the 77
	121	+	proposed location of the device, its intended use, intended hours of 78
	122	+	operation and whether the device is capable of recording audio or video 79
	123	+	or being activated remotely; 80
	124	+	[(5)] (E) The resident or resident representative [(A)] (i) obtains the 81
	125	+	written consent of all roommates or resident representatives of all 82
	126	+	roommates for the use of the technology for virtual monitoring, and 83
	127	+	[(B)] (ii) if any roommate withdraws consent, ceases using the 84
	128	+	technology for virtual monitoring until consent is obtained; and 85
	129	+	[(6)] (F) The resident or resident representative files a signed, written 86
	130	+	notice with the nursing home facility and a copy of any written consent 87
	131	+	of any roommate not less than seven days before installing or using such 88
	132	+	technology for virtual monitoring that [(A)] (i) identifies the type of 89
	133	+	technology, its intended use, intended hours of operation and location 90
	134	+	of such technology in the room or living quarters, [(B)] (ii) states 91
	135	+	whether the technology is capable of recording audio or video or being 92
	136	+	activated or controlled remotely, [(C)] (iii) acknowledges that the 93
	137	+	resident is responsible for the purchase, activation, installation, 94
	138	+	maintenance, repair, operation, deactivation and removal of such 95
	139	+	technology, and [(D)] (iv) includes a waiver of all civil, criminal and 96
	140	+	administrative liability for the nursing home facility in accordance with 97
	141	+	subsection (d) of this section. 98
	142	+	(2) Except [for the provisions of subdivision (2)] as provided in 99
	143	+	subparagraph (B) of subdivision (1) of this subsection, the provisions of 100
	144	+	this subsection shall not apply to cellular mobile telephones used 101
	145	+	primarily for telephonic communication or tablets not used for virtual 102
	146	+	monitoring. If a roommate withdraws consent for the use of technology 103
	147	+	for virtual monitoring, a resident or resident representative shall inform 104
	148	+	the facility, in writing, not later than seven days after the roommate 105
	149	+	withdraws consent. 106
	150	+	Sec. 6. Subdivision (1) of subsection (c) of section 19a-550b of the 2022 107 Raised Bill No. 5229
166	151
167		-	informing an employee, pursuant to subdivision (9) of this subsection,
168		-	of a workplace exposure to substances which may cause birth defects or
169		-	constitute a hazard to an employee's reproductive system or to a fetus,
170		-	to fail or refuse, upon the employee's request, to take reasonable
171		-	measures to protect the employee from the exposure or hazard
172		-	identified, or to fail or refuse to inform the employee that the measures
173		-	taken may be the subject of a complaint filed under the provisions of
174		-	this chapter. Nothing in this subdivision is intended to prohibit an
175		-	employer from taking reasonable measures to protect an employee from
176		-	exposure to such substances. For the purpose of this subdivision,
177		-	"reasonable measures" [shall be] are those measures which are
178		-	consistent with business necessity and are least disruptive of the terms
179		-	and conditions of the employee's employment;
180		-	Sec. 8. Subsection (d) of section 46a-60 of the 2022 supplement to the
181		-	general statutes is repealed and the following is substituted in lieu
182		-	thereof (Effective from passage):
183		-	(d) (1) An employer shall provide written notice of the right to be free
184		-	from discrimination in relation to pregnancy, childbirth and related
185		-	conditions, including the right to a reasonable accommodation to the
186		-	known limitations related to pregnancy pursuant to subdivision (7) of
187		-	subsection (b) of this section to: (A) New employees at the
188		-	commencement of employment; (B) existing employees within one
189		-	hundred twenty days [after the effective date of this section] of October
190		-	1, 2017; and (C) any employee who notifies the employer of her
191		-	pregnancy within ten days of such notification. An employer may
192		-	comply with the provisions of this section by displaying a poster in a
193		-	conspicuous place, accessible to employees, at the employer's place of
194		-	business that contains the information required by this section in both
195		-	English and Spanish. The Labor Commissioner may adopt regulations,
196		-	in accordance with chapter 54, to establish additional requirements
197		-	concerning the means by which employers shall provide such notice. House Bill No. 5229
198	152
199		-	Public Act No. 22-78 7 of 7
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200	156
201		-	(2) The Commission on Human Rights and Opportunities shall
202		-	develop courses of instruction and conduct ongoing public education
203		-	efforts as necessary to inform employers, employees, employment
204		-	agencies and persons seeking employment about their rights and
205		-	responsibilities under this section.
	157	+	supplement to the general statutes is repealed and the following is 108
	158	+	substituted in lieu thereof (Effective from passage): 109
	159	+	(c) (1) A nursing home facility shall provide Internet access, electricity 110
	160	+	and a power source for technology used for virtual monitoring or virtual 111
	161	+	visitation at no cost to a resident, provided (A) a nursing home facility 112
	162	+	includes the cost of providing Internet access in cost reports filed with 113
	163	+	the Department of Social Services for purposes of Medicaid 114
	164	+	reimbursement, (B) the cost is reimbursed to the facility if the 115
	165	+	department determines that such cost is eligible for reimbursement 116
	166	+	pursuant to section 17b-340, (C) the Commissioner of Social Services 117
	167	+	uses any available funding provided by the federal government to the 118
	168	+	state and authorized by the federal government for expenses related to 119
	169	+	COVID-19 at nursing home facilities to provide grants-in-aid to such 120
	170	+	facilities for such upgrades, provided such use is approved by the 121
	171	+	federal government, and (D) a nursing home facility may assess a 122
	172	+	prorated portion of any unreimbursed cost of such upgrades to any 123
	173	+	resident privately paying for a residence in such facility and using such 124
	174	+	technology. A resident may also procure his or her own Internet 125
	175	+	connectivity. A private-paying resident who procures his or her own 126
	176	+	Internet connectivity shall not be charged for the cost of any Internet 127
	177	+	infrastructure upgrades by the nursing home facility necessary for 128
	178	+	residents to use such technology. For purposes of this subdivision, 129
	179	+	"COVID-19" means the respiratory disease designated by the World 130
	180	+	Health Organization on February 11, 2020, as coronavirus 2019, and any 131
	181	+	related mutation thereof recognized by said organization as a 132
	182	+	communicable respiratory disease. 133
	183	+	Sec. 7. Subdivision (10) of subsection (b) of section 46a-60 of the 2022 134
	184	+	supplement to the general statutes is repealed and the following is 135
	185	+	substituted in lieu thereof (Effective from passage): 136
	186	+	(10) For an employer, by the employer or the employer's agent, after 137
	187	+	informing an employee, pursuant to subdivision (9) of this subsection, 138
	188	+	of a workplace exposure to substances which may cause birth defects or 139
	189	+	constitute a hazard to an employee's reproductive system or to a fetus, 140 Raised Bill No. 5229
	190	+
	191	+
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	195	+
	196	+	to fail or refuse, upon the employee's request, to take reasonable 141
	197	+	measures to protect the employee from the exposure or hazard 142
	198	+	identified, or to fail or refuse to inform the employee that the measures 143
	199	+	taken may be the subject of a complaint filed under the provisions of 144
	200	+	this chapter. Nothing in this subdivision is intended to prohibit an 145
	201	+	employer from taking reasonable measures to protect an employee from 146
	202	+	exposure to such substances. For the purpose of this subdivision, 147
	203	+	"reasonable measures" [shall be] are those measures which are 148
	204	+	consistent with business necessity and are least disruptive of the terms 149
	205	+	and conditions of the employee's employment; 150
	206	+	Sec. 8. Subsection (d) of section 46a-60 of the 2022 supplement to the 151
	207	+	general statutes is repealed and the following is substituted in lieu 152
	208	+	thereof (Effective from passage): 153
	209	+	(d) (1) An employer shall provide written notice of the right to be free 154
	210	+	from discrimination in relation to pregnancy, childbirth and related 155
	211	+	conditions, including the right to a reasonable accommodation to the 156
	212	+	known limitations related to pregnancy pursuant to subdivision (7) of 157
	213	+	subsection (b) of this section to: (A) New employees at the 158
	214	+	commencement of employment; (B) existing employees within one 159
	215	+	hundred twenty days [after the effective date of this section] of October 160
	216	+	1, 2017; and (C) any employee who notifies the employer of her 161
	217	+	pregnancy within ten days of such notification. An employer may 162
	218	+	comply with the provisions of this section by displaying a poster in a 163
	219	+	conspicuous place, accessible to employees, at the employer's place of 164
	220	+	business that contains the information required by this section in both 165
	221	+	English and Spanish. The Labor Commissioner may adopt regulations, 166
	222	+	in accordance with chapter 54, to establish additional requirements 167
	223	+	concerning the means by which employers shall provide such notice. 168
	224	+	(2) The Commission on Human Rights and Opportunities shall 169
	225	+	develop courses of instruction and conduct ongoing public education 170
	226	+	efforts as necessary to inform employers, employees, employment 171
	227	+	agencies and persons seeking employment about their rights and 172
	228	+	responsibilities under this section. 173 Raised Bill No. 5229
	229	+
	230	+
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	234	+
	235	+	This act shall take effect as follows and shall amend the following
	236	+	sections:
	237	+
	238	+	Section 1 from passage 4-216a(b)
	239	+	Sec. 2 from passage 17b-59a(b)
	240	+	Sec. 3 from passage 17b-261w
	241	+	Sec. 4 from passage 7-127h(b)
	242	+	Sec. 5 from passage 19a-550b(b)
	243	+	Sec. 6 from passage 19a-550b(c)(1)
	244	+	Sec. 7 from passage 46a-60(b)(10)
	245	+	Sec. 8 from passage 46a-60(d)
	246	+
	247	+	HS Joint Favorable
206	248