CT
Connecticut House Bill HB05238

Connecticut 2022 Regular Session

Connecticut House Bill HB05238 Compare Versions

OldNewDifferences
11
22
3-LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05238-R01-
4-HB.docx
5-1 of 4
63
7-General Assembly Substitute Bill No. 5238
4+LCO No. 1432 1 of 4
5+
6+ General Assembly Raised Bill No. 5238
87 February Session, 2022
8+LCO No. 1432
9+
10+
11+Referred to Committee on COMMITTEE ON CHILDREN
12+
13+
14+Introduced by:
15+(KID)
916
1017
1118
1219
13-
14-AN ACT EXPANDING ELIGIBILITY FOR THE VICTIM COMPENSATION
15-PROGRAM.
20+AN ACT CONCERNING THE PROVISION OF TEMPORARY HUSKY
21+COVERAGE AND MEDICAL ASSISTANCE TO CERTAIN MINORS.
1622 Be it enacted by the Senate and House of Representatives in General
1723 Assembly convened:
1824
19-Section 1. Section 54-209 of the 2022 supplement to the general 1
20-statutes is repealed and the following is substituted in lieu thereof 2
21-(Effective July 1, 2022): 3
22-(a) The Office of Victim Services or, on review, a victim compensation 4
23-commissioner, may order the payment of compensation in accordance 5
24-with the provisions of sections 54-201 to 54-218, inclusive, for personal 6
25-injury or death which resulted from: (1) An attempt to prevent the 7
26-commission of crime or to apprehend a suspected criminal or in aiding 8
27-or attempting to aid a police officer so to do, (2) the commission or 9
28-attempt to commit by another of any crime as provided in section 53a-10
29-24, (3) any crime that occurred outside the territorial boundaries of the 11
30-United States that would be considered a crime within this state, 12
31-provided the victim of such crime is a resident of this state, [or] (4) any 13
32-crime involving international terrorism as defined in 18 USC 2331, as 14
33-amended from time to time, or (5) an incident of child abuse or neglect 15
34-substantiated by the Department of Children and Families. 16
35-(b) The Office of Victim Services or, on review, a victim compensation 17
36-commissioner, may also order the payment of compensation in 18 Substitute Bill No. 5238
25+Section 1. (NEW) (Effective July 1, 2022) (a) As used in this section, (1) 1
26+"HUSKY A" and "HUSKY B" have the same meaning as provided in 2
27+section 17b-290 of the general statutes, (2) "sexual assault" means a crime 3
28+prosecuted pursuant to section 53a-70, 53a-70a, 53a-70c to 53a-73a, 4
29+inclusive, or 53a-83b of the general statutes, and (3) "substantiated 5
30+victim of child abuse or neglect" means an individual under the age of 6
31+eighteen who is the subject of a substantiated claim of abuse or neglect 7
32+that resulted in the placement of the individual responsible for such 8
33+abuse or neglect on the registry maintained by the Commissioner of 9
34+Children and Families pursuant to section 17a-101k of the general 10
35+statutes. 11
36+(b) To the extent permissible under federal law, the Commissioner of 12
37+Social Services shall expedite a determination of whether a sexual 13
38+assault victim under the age of eighteen or substantiated victim of child 14
39+abuse or neglect is eligible for HUSKY A or HUSKY B coverage. The 15 Raised Bill No. 5238
3740
3841
39-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05238-
40-R01-HB.docx }
41-2 of 4
4242
43-accordance with the provisions of sections 54-201 to 54-218, inclusive, 19
44-for personal injury or death that resulted from the operation of a motor 20
45-vehicle, water vessel, snow mobile or all-terrain vehicle by another 21
46-person who was subsequently convicted with respect to such operation 22
47-for a violation of subsection (a) or subdivision (1) of subsection (b) of 23
48-section 14-224, section 14-227a or 14-227m, subdivision (1) or (2) of 24
49-subsection (a) of section 14-227n, subdivision (3) of section 14-386a or 25
50-section 15-132a, 15-140l, 15-140n, 53a-56b or 53a-60d. In the absence of a 26
51-conviction, the Office of Victim Services or, on review, a victim 27
52-compensation commissioner, may order payment of compensation 28
53-under this section if, upon consideration of all circumstances 29
54-determined to be relevant, the office or commissioner, as the case may 30
55-be, reasonably concludes that another person has operated a motor 31
56-vehicle in violation of subsection (a) or subdivision (1) of subsection (b) 32
57-of section 14-224, section 14-227a or 14-227m, subdivision (1) or (2) of 33
58-subsection (a) of section 14-227n, subdivision (3) of section 14-386a or 34
59-section 15-132a, 15-140l, 15-140n, 53a-56b or 53a-60d. 35
60-(c) Except as provided in subsection (b) of this section, no act 36
61-involving the operation of a motor vehicle which results in injury shall 37
62-constitute a crime for the purposes of sections 54-201 to 54-218, 38
63-inclusive, unless the injuries were intentionally inflicted through the use 39
64-of the vehicle. 40
65-(d) In instances where a violation of section 53a-70b of the general 41
66-statutes, revision of 1958, revised to January 1, 2019, or section 53-21, 42
67-53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-82, [or] 43
68-53a-83b, 53a-90a, 53a-192a, 53a-196, 53a-196a, 53a-196b or 53a-196i, or 44
69-family violence, as defined in section 46b-38a, has been alleged, the 45
70-Office of Victim Services or, on review, a victim compensation 46
71-commissioner, may order compensation be paid if (1) the personal 47
72-injury has been disclosed to: (A) A physician or surgeon licensed under 48
73-chapter 370; (B) a resident physician or intern in any hospital in this 49
74-state, whether or not licensed; (C) a physician assistant licensed under 50
75-chapter 370; (D) an advanced practice registered nurse, registered nurse 51 Substitute Bill No. 5238
43+LCO No. 1432 2 of 4
44+
45+commissioner shall provide medical assistance for a period of not less 16
46+than ninety days for a sexual assault victim or substantiated victim of 17
47+child abuse or neglect who applies for HUSKY A or HUSKY B coverage 18
48+before redetermining income eligibility for such coverage. The 19
49+commissioner shall not include in household income the income of any 20
50+person (1) credibly accused of committing sexual assault against an 21
51+applicant who is a sexual assault victim, or (2) placed on the abuse or 22
52+neglect registry maintained by the Commissioner of Children and 23
53+Families pursuant to section 17a-101k of the general statutes, as a result 24
54+of having been found responsible for the abuse or neglect of an applicant 25
55+who is a substantiated victim of abuse or neglect. 26
56+(c) For purposes of this section, an allegation of sexual assault by a 27
57+victim may be sufficient to establish sexual assault where the 28
58+Department of Social Services has no independent, reasonable basis to 29
59+find the applicant not credible. Upon alleging sexual assault, an 30
60+applicant, or individual submitting an application on such applicant's 31
61+behalf, may be required to provide a sworn statement or submit to the 32
62+department any evidence of such assault available to such applicant or 33
63+individual. Evidence of sexual assault may include, but is not limited to: 34
64+(1) Police, government agency or court records; (2) documentation from 35
65+a shelter worker, legal, medical, clerical or other professional from 36
66+whom the applicant or recipient has sought assistance in dealing with 37
67+sexual assault, or (3) a statement from an individual with knowledge of 38
68+the circumstances which provide the basis for the claim of sexual 39
69+assault. 40
70+(d) For purposes of this section, an allegation of abuse or neglect by 41
71+the applicant against an individual whose name appears on the abuse 42
72+or neglect registry maintained by the Commissioner of Children and 43
73+Families pursuant to section 17a-101k of the general statutes may be 44
74+sufficient to establish that an applicant is a substantiated victim of child 45
75+abuse or neglect where the Department of Social Services has no 46
76+independent, reasonable basis to find the applicant not credible. An 47
77+applicant, or individual submitting an application on such applicant's 48
78+behalf may be required to provide a sworn statement or submit to the 49 Raised Bill No. 5238
7679
7780
78-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05238-
79-R01-HB.docx }
80-3 of 4
8181
82-or practical nurse licensed under chapter 378; (E) a psychologist licensed 52
83-under chapter 383; (F) a police officer; (G) a mental health professional; 53
84-(H) an emergency medical services provider licensed or certified under 54
85-chapter 368d; (I) an alcohol and drug counselor licensed or certified 55
86-under chapter 376b; (J) a marital and family therapist licensed under 56
87-chapter 383a; (K) a domestic violence counselor or a sexual assault 57
88-counselor, as defined in section 52-146k; (L) a professional counselor 58
89-licensed under chapter 383c; (M) a clinical social worker licensed under 59
90-chapter 383b; (N) an employee of the Department of Children and 60
91-Families; (O) an employee of a [child] children's advocacy center, 61
92-[established pursuant to] as defined in section 17a-106a; or (P) a school 62
93-principal, a school teacher, a school guidance counselor or a school 63
94-counselor, or (2) the personal injury is reported in an application for a 64
95-restraining order under section 46b-15 or an application for a civil 65
96-protection order under section 46b-16a or on the record to the court, 66
97-provided such restraining order or civil protection order was granted in 67
98-the Superior Court following a hearing, and (3) the office or 68
99-commissioner, as the case may be, reasonably concludes that a violation 69
100-of any of said sections has occurred. 70
101-(e) Evidence of an order for the payment of compensation by the 71
102-Office of Victim Services or a victim compensation commissioner in 72
103-accordance with the provisions of sections 54-201 to 54-218, inclusive, 73
104-shall not be admissible in any civil proceeding to prove the liability of 74
105-any person for such personal injury or death or in any criminal 75
106-proceeding to prove the guilt or innocence of any person for any crime. 76
107-Sec. 2. (NEW) (Effective July 1, 2022) Any employee of the Department 77
108-of Children and Families or children's advocacy center, as defined in 78
109-section 17a-106a of the general statutes, to whom a personal injury 79
110-resulting from any conduct described in subsection (a) of section 54-209 80
111-of the general statutes, as amended by this act, is disclosed by the (1) 81
112-person who suffered such injury, or (2) parent, guardian or legal 82
113-representative of such person, shall provide such person, or such 83
114-person's parent, guardian or legal representative, verbal and written 84 Substitute Bill No. 5238
82+LCO No. 1432 3 of 4
83+
84+department any evidence of such abuse or neglect available to such 50
85+applicant or individual. Evidence of abuse or neglect may include, but 51
86+is not limited to: (1) Department of Children and Families or other 52
87+government agency, police or court records, (2) documentation from a 53
88+social worker, shelter worker or legal, medical, clerical or other 54
89+professional from whom the applicant or individual submitting an 55
90+application on such applicant's behalf has sought assistance in dealing 56
91+with the abuse or neglect of the applicant, or (3) a statement from an 57
92+individual with knowledge of the circumstances which provide the 58
93+basis for the claim of abuse or neglect. 59
94+Sec. 2. (NEW) (Effective July 1, 2022) (a) For purposes of this section: 60
95+(1) "Child abuse or neglect" means conduct that resulted in the 61
96+placement of an individual on the registry maintained by the 62
97+Commissioner of Children and Families pursuant to section 17a-101k of 63
98+the general statutes; 64
99+(2) "Eligible applicant" means an individual under eighteen years of 65
100+age who applied for an expedited determination of HUSKY A or 66
101+HUSKY B coverage eligibility pursuant to section 1 of this act, and was 67
102+found ineligible for failure to meet income eligibility criteria; 68
103+(3) "HUSKY A" and "HUSKY B" have the same meaning as provided 69
104+in section 17b-290 of the general statutes; and 70
105+(4) "Sexual assault" has the same meaning as provided in section 1 of 71
106+this act. 72
107+(b) There is established an account to be known as the "medical 73
108+assistance for minor victims of sexual assault and child abuse or neglect 74
109+fund" which shall be a separate, nonlapsing account within the General 75
110+Fund. The account shall contain any moneys required by law to be 76
111+deposited in the account. Moneys in the account shall be expended by 77
112+the Commissioner of Social Services for the purpose of providing grants 78
113+to eligible applicants to assist such applicants in paying medical costs 79
114+incurred for health care services rendered. 80 Raised Bill No. 5238
115115
116116
117-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05238-
118-R01-HB.docx }
119-4 of 4
120117
121-notice (A) that such person may be eligible for compensation pursuant 85
122-to sections 54-201 to 54-218, inclusive, of the general statutes, and (B) of 86
123-the application process described in section 54-204 of the general 87
124-statutes, and types and amounts of compensation that may be awarded 88
125-pursuant to sections 54-201 to 54-218, inclusive, of the general statutes. 89
118+LCO No. 1432 4 of 4
119+
120+(c) The commissioner shall establish a grant application process, 81
121+eligibility criteria for the provision of grants, and a formula for 82
122+determining the amount of each grant awarded pursuant to this 83
123+subsection. The commissioner shall implement policies and procedures 84
124+to carry out the provisions of this section while in the process of 85
125+adopting such policies and procedures in regulation form, provided the 86
126+commissioner posts notice of intent to adopt the regulation on the 87
127+eRegulations System not later than twenty days after implementation. 88
128+Such policies and procedures shall be valid until the final regulations 89
129+are adopted. 90
126130 This act shall take effect as follows and shall amend the following
127131 sections:
128132
129-Section 1 July 1, 2022 54-209
133+Section 1 July 1, 2022 New section
130134 Sec. 2 July 1, 2022 New section
131135
132-KID Joint Favorable Subst.
136+Statement of Purpose:
137+To (1) provide temporary HUSKY services to minor victims of sexual
138+assault and child abuse or neglect, pending a determination of
139+eligibility, and (2) establish a fund to provide grants for medical costs
140+incurred by minor victims of sexual assault and child abuse or neglect.
141+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
142+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
143+underlined.]
133144