Substitute House Bill No. 5313
Public Act No. 22-57
AN ACT CONCERNING TEMPORARY NURSING SERVICES
AGENCIES, REPORTING OF INVOLUNTARY TRANSFERS AND
DISCHARGES FROM NURSING HOMES AND RESIDENTIAL CARE
HOMES, ELDER ABUSE TRAINING, LEGAL RIGHTS OF LONG -
TERM CARE APPLICANTS AND A STUDY OF MANAGED
RESIDENTIAL COMMUNITY ISSUES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2022) (a) As used in this section and
sections 2 and 3 of this act, (1) "health care facility" means a hospital,
nursing home facility or residential care home as those terms are defined
in section 19a-490 of the general statutes; (2) "nursing personnel" means
an advanced practice registered nurse, a licensed practical nurse or a
registered nurse licensed or issued a temporary permit to practice
pursuant to chapter 378 of the general statutes, or a nurse's aide
registered pursuant to chapter 378a of the general statutes; (3)
"temporary nursing services" means services provided to a health care
facility on a per diem or other temporary basis; and (4) "temporary
nursing services agency" means any person, firm, corporation, limited
liability company, partnership or association that is engaged for hire in
the business of providing temporary nursing services to a health care
facility but does not include an individual who offers only his or her
own temporary nursing services. Substitute House Bill No. 5313
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(b) Not later than October 1, 2022, the Commissioner of Public Health
shall develop a system for a temporary nursing services agency that
provides services in the state to register annually with the Department
of Public Health. The commissioner may assess an annual registration
fee of not more than seven hundred fifty dollars.
(c) Not later than January 1, 2023, no temporary nursing services
agency shall provide temporary nursing services in the state unless it is
registered pursuant to subsection (b) of this section.
(d) The Commissioner of Public Health shall establish requirements
for a temporary nursing services agency, including, but not limited to,
minimum qualifications for nursing personnel provided by such
agency.
(e) Beginning not later than July 1, 2023, each temporary nursing
services agency shall submit, in a form and manner prescribed by the
Commissioner of Public Health, in consultation with the Commissioner
of Social Services, an annual cost report for the previous calendar year.
Such report shall be filed with the Commissioner of Public Health and
may include, but shall not be limited to, (1) itemized revenues and costs
for each such agency; (2) average number of nursing personnel
employed by such agency; (3) average fees charged by such agency by
type of nursing personnel and type of health care facility; (4) the states
of the permanent residences of nursing personnel supplied by the
agency to health care facilities in the state, aggregated by type of nursing
personnel; and (5) any other information prescribed by the
Commissioner of Public Health. Each such agency shall make available
records, books, reports and other data relating to its operation at the
request of the Commissioner of Public Health, or the commissioner's
designee. Records provided by a temporary nursing services agency
pursuant to this subsection shall not be considered public records
subject to disclosure pursuant to section 1-210 of the general statutes. Substitute House Bill No. 5313
Public Act No. 22-57 3 of 16
(f) The Commissioner of Public Health may adopt regulations in
accordance with chapter 54 of the general statutes to implement the
provisions of this section. The commissioner may adopt policies and
procedures to implement the provisions of this section in advance of
adopting regulations, provided notice of intent to adopt such
regulations is posted on the eRegulations System not later than twenty
days after adoption of such policies and procedures.
Sec. 2. (NEW) (Effective July 1, 2022) (a) A temporary nursing services
agency shall enter into a written agreement with each health care facility
to which the agency assigns its nursing personnel. Any such agreement
entered into, amended or renewed on and after July 1, 2022, shall
contain an assurance that assigned nursing personnel have appropriate
credentials. Such agreement shall be on file at such temporary nursing
services agency and such health care facility not later than fourteen days
from the date of assignment of nursing personnel by such agency to the
health care facility.
(b) Any health care facility that fails to have the written agreement
described in subsection (a) of this section on file may be subject to
disciplinary action in accordance with the provisions of chapter 368v of
the general statutes and any applicable licensing regulations.
(c) Notwithstanding the provisions of subsections (a) and (b) of this
section, no health care facility or subsidiary thereof that supplies
temporary nursing services only to its own facility and does not charge
a fee to such facility shall be subject to the provisions of this section.
Sec. 3. (NEW) (Effective July 1, 2022) (a) Any person aggrieved by any
action of a temporary nursing services agency may petition the superior
court for the judicial district in which the agency's temporary nursing
services were rendered for relief, including temporary and permanent
injunctions, or may bring a civil action for damages. Substitute House Bill No. 5313
Public Act No. 22-57 4 of 16
(b) Any temporary nursing services agency that violates any
provision of section 1 or 2 of this act may be assessed a civil penalty by
the court not to exceed three hundred dollars for each offense. Each
violation shall be a separate and distinct offense and, in the case of a
continuing violation, each day of continuance thereof shall be deemed
to be a separate and distinct offense. The Commissioner of Public Health
may request the Attorney General to bring a civil action in the superior
court for the judicial district of Hartford for injunctive relief to restrain
any further violation of section 1 or 2 of this act. The Superior Court may
grant such relief upon notice and hearing.
Sec. 4. (Effective July 1, 2022) (a) As used in this section, (1) "nursing
home facility" has the same meaning as provided in section 19a-490 of
the general statutes, and (2) "nursing personnel", "temporary nursing
services" and "temporary nursing services agency" have the same
meanings as provided in section 1 of this act. The Commissioner of
Social Services, in consultation with the Commissioner of Public Health,
shall evaluate the rates charged by a temporary nursing services agency
to a nursing home facility for temporary nursing services to determine
whether and what changes may be needed in the regulation of such
rates to ensure that a nursing home facility has adequate nursing
personnel.
(b) Not later than October 1, 2023, the Commissioner of Social
Services shall submit a report, in accordance with the provisions of
section 11-4a of the general statutes, to the joint standing committees of
the General Assembly having cognizance of matters relating to aging,
human services and public health with recommendations based on the
cost reports submitted by temporary nursing services agencies pursuant
to section 1 of this act. The commissioner's report may include, but need
not be limited to (1) what, if any, changes are needed in the regulation
of rates charged by such agencies, and (2) how best to ensure, within
available appropriations, that a nursing home facility is able to maintain Substitute House Bill No. 5313
Public Act No. 22-57 5 of 16
adequate nursing personnel during a public health emergency declared
pursuant to section 19a-131a of the general statutes.
Sec. 5. Subsection (a) of section 17b-340 of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2022):
(a) For purposes of this subsection, (1) a "related party" includes, but
is not limited to, any company related to a chronic and convalescent
nursing home through family association, common ownership, control
or business association with any of the owners, operators or officials of
such nursing home; (2) "company" means any person, partnership,
association, holding company, limited liability company or corporation;
(3) "family association" means a relationship by birth, marriage or
domestic partnership; and (4) "profit and loss statement" means the
most recent annual statement on profits and losses finalized by a related
party before the annual report mandated under this subsection. The
rates to be paid by or for persons aided or cared for by the state or any
town in this state to licensed chronic and convalescent nursing homes,
to chronic disease hospitals associated with chronic and convalescent
nursing homes, to rest homes with nursing supervision, to licensed
residential care homes, as defined by section 19a-490, and to residential
facilities for persons with intellectual disability that are licensed
pursuant to section 17a-227 and certified to participate in the Title XIX
Medicaid program as intermediate care facilities for individuals with
intellectual disabilities, for room, board and services specified in
licensing regulations issued by the licensing agency shall be determined
annually, except as otherwise provided in this subsection by the
Commissioner of Social Services, to be effective July first of each year
except as otherwise provided in this subsection. Such rates shall be
determined on a basis of a reasonable payment for such necessary
services, which basis shall take into account as a factor the costs of such
services. Cost of such services shall include reasonable costs mandated Substitute House Bill No. 5313
Public Act No. 22-57 6 of 16
by collective bargaining agreements with certified collective bargaining
agents or other agreements between the employer and employees,
provided "employees" shall not include persons employed as managers
or chief administrators or required to be licensed as nursing home
administrators, and compensation for services rendered by proprietors
at prevailing wage rates, as determined by application of principles of
accounting as prescribed by said commissioner. Cost of such services
shall not include amounts paid by the facilities to employees as salary,
or to attorneys or consultants as fees, where the responsibility of the
employees, attorneys, or consultants is to persuade or seek to persuade
the other employees of the facility to support or oppose unionization.
Nothing in this subsection shall prohibit inclusion of amounts paid for
legal counsel related to the negotiation of collective bargaining
agreements, the settlement of grievances or normal administration of
labor relations. The commissioner may, in the commissioner's
discretion, allow the inclusion of extraordinary and unanticipated costs
of providing services that were incurred to avoid an immediate negative
impact on the health and safety of patients. The commissioner may, in
the commissioner's discretion, based upon review of a facility's costs,
direct care staff to patient ratio and any other related information, revise
a facility's rate for any increases or decreases to total licensed capacity
of more than ten beds or changes to its number of licensed rest home
with nursing supervision beds and chronic and convalescent nursing
home beds. The commissioner may, in the commissioner's discretion,
revise the rate of a facility that is closing. An interim rate issued for the
period during which a facility is closing shall be based on a review of
facility costs, the expected duration of the close-down period, the
anticipated impact on Medicaid costs, available appropriations and the
relationship of the rate requested by the facility to the average Medicaid
rate for a close-down period. The commissioner may so revise a facility's
rate established for the fiscal year ending June 30, 1993, and thereafter
for any bed increases, decreases or changes in licensure effective after
October 1, 1989. Effective July 1, 1991, in facilities that have both a Substitute House Bill No. 5313
Public Act No. 22-57 7 of 16
chronic and convalescent nursing home and a rest home with nursing
supervision, the rate for the rest home with nursing supervision shall
not exceed such facility's rate for its chronic and convalescent nursing
home. All such facilities for which rates are determined under this
subsection shall report on a fiscal year basis ending on September
thirtieth. Such report shall be submitted to the commissioner by
February fifteenth. Each for-profit chronic and convalescent nursing
home that receives state funding pursuant to this section shall include
in such annual report a profit and loss statement from each related party
that receives from such chronic and convalescent nursing home fifty
thousand dollars or more per year for goods, fees and services. No cause
of action or liability shall arise against the state, the Department of Social
Services, any state official or agent for failure to take action based on the
information required to be reported under this subsection. The
commissioner may reduce the rate in effect for a facility that fails to
submit a complete and accurate report on or before February fifteenth
by an amount not to exceed ten per cent of such rate. If a licensed
residential care home fails to submit a complete and accurate report, the
department shall notify such home of the failure and the home shall
have thirty days from the date the notice was issued to submit a
complete and accurate report. If a licensed residential care home fails to
submit a complete and accurate report not later than thirty days after
the date of notice, such home may not receive a retroactive rate increase,
in the commissioner's discretion. The commissioner shall, annually, on
or before April first, report the data contained in the reports of such
facilities on the department's Internet web site. For the cost reporting
year commencing October 1, 1985, and for subsequent cost reporting
years, facilities shall report the cost of using the services of any [nursing
pool employee] nursing personnel supplied by a temporary nursing
services agency by separating said cost into two categories, the portion
of the cost equal to the salary of the employee for whom the [nursing
pool employee] nursing personnel supplied by a temporary nursing
services agency is substituting shall be considered a nursing cost and Substitute House Bill No. 5313
Public Act No. 22-57 8 of 16
any cost in excess of such salary shall be further divided so that seventy-
five per cent of the excess cost shall be considered an administrative or
general cost and twenty-five per cent of the excess cost shall be
considered a nursing cost, provided if the total [nursing pool] costs of a
facility for nursing personnel supplied by a temporary nursing services
agency in any cost year are equal to or exceed fifteen per cent of the total
nursing expenditures of the facility for such cost year, no portion of
[nursing pool] such costs in excess of fifteen per cent shall be classified
as administrative or general costs. The commissioner, in determining
such rates, shall also take into account the classification of patients or
boarders according to special care requirements or classification of the
facility according to such factors as facilities and services and such other
factors as the commissioner deems reasonable, including anticipated
fluctuations in the cost of providing such services. The commissioner
may establish a separate rate for a facility or a portion of a facility for
traumatic brain injury patients who require extensive care but not acute
general hospital care. Such separate rate shall reflect the special care
requirements of such patients. If changes in federal or state laws,
regulations or standards adopted subsequent to June 30, 1985, result in
increased costs or expenditures in an amount exceeding one-half of one
per cent of allowable costs for the most recent cost reporting year, the
commissioner shall adjust rates and provide payment for any such
increased reasonable costs or expenditures within a reasonable period
of time retroactive to the date of enforcement. Nothing in this section
shall be construed to require the Department of Social Services to adjust
rates and provide payment for any increases in costs resulting from an
inspection of a facility by the Department of Public Health. Such
assistance as the commissioner requires from other state agencies or
departments in determining rates shall be made available to the
commissioner at the commissioner's request. Payment of the rates
established pursuant to this section shall be conditioned on the
establishment by such facilities of admissions procedures that conform
with this section, section 19a-533 and all other applicable provisions of Substitute House Bill No. 5313
Public Act No. 22-57 9 of 16
the law and the provision of equality of treatment to all persons in such
facilities. The established rates shall be the maximum amount
chargeable by such facilities for care of such beneficiaries, and the
acceptance by or on behalf of any such facility of any additional
compensation for care of any such beneficiary from any other person or
source shall constitute the offense of aiding a beneficiary to obtain aid
to which the beneficiary is not entitled and shall be punishable in the
same manner as is provided in subsection (b) of section 17b-97.
Notwithstanding any provision of this section, the Commissioner of
Social Services may, within available appropriations, provide an interim
rate increase for a licensed chronic and convalescent nursing home or a
rest home with nursing supervision for rate periods no earlier than April
1, 2004, only if the commissioner determines that the increase is
necessary to avoid the filing of a petition for relief under Title 11 of the
United States Code; imposition of receivership pursuant to sections 19a-
542 and 19a-543; or substantial deterioration of the facility's financial
condition that may be expected to adversely affect resident care and the
continued operation of the facility, and the commissioner determines
that the continued operation of the facility is in the best interest of the
state. The commissioner shall consider any requests for interim rate
increases on file with the department from March 30, 2004, and those
submitted subsequently for rate periods no earlier than April 1, 2004.
When reviewing an interim rate increase request the commissioner
shall, at a minimum, consider: (A) Existing chronic and convalescent
nursing home or rest home with nursing supervision utilization in the
area and projected bed need; (B) physical plant long-term viability and
the ability of the owner or purchaser to implement any necessary
property improvements; (C) licensure and certification compliance
history; (D) reasonableness of actual and projected expenses; and (E) the
ability of the facility to meet wage and benefit costs. No interim rate
shall be increased pursuant to this subsection in excess of one hundred
fifteen per cent of the median rate for the facility's peer grouping,
established pursuant to subdivision (2) of subsection (f) of this section, Substitute House Bill No. 5313
Public Act No. 22-57 10 of 16
unless recommended by the commissioner and approved by the
Secretary of the Office of Policy and Management after consultation
with the commissioner. Such median rates shall be published by the
Department of Social Services not later than April first of each year. In
the event that a facility granted an interim rate increase pursuant to this
section is sold or otherwise conveyed for value to an unrelated entity
less than five years after the effective date of such rate increase, the rate
increase shall be deemed rescinded and the department shall recover an
amount equal to the difference between payments made for all affected
rate periods and payments that would have been made if the interim
rate increase was not granted. The commissioner may seek recovery of
such payments from any facility with common ownership. With the
approval of the Secretary of the Office of Policy and Management, the
commissioner may waive recovery and rescission of the interim rate for
good cause shown that is not inconsistent with this section, including,
but not limited to, transfers to family members that were made for no
value. The commissioner shall provide written quarterly reports to the
joint standing committees of the General Assembly having cognizance
of matters relating to aging, human services and appropriations and the
budgets of state agencies, that identify each facility requesting an
interim rate increase, the amount of the requested rate increase for each
facility, the action taken by the commissioner and the secretary pursuant
to this subsection, and estimates of the additional cost to the state for
each approved interim rate increase. Nothing in this subsection shall
prohibit the commissioner from increasing the rate of a licensed chronic
and convalescent nursing home or a rest home with nursing supervision
for allowable costs associated with facility capital improvements or
increasing the rate in case of a sale of a licensed chronic and convalescent
nursing home or a rest home with nursing supervision if receivership
has been imposed on such home. For purposes of this section,
"temporary nursing services agency" and "nursing personnel" have the
same meaning as provided in section 1 of this act. Substitute House Bill No. 5313
Public Act No. 22-57 11 of 16
Sec. 6. Subdivision (1) of subsection (f) of section 17b-340 of the 2022
supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective July 1, 2022):
(1) Allowable costs shall be divided into the following five cost
components: (A) Direct costs, which shall include salaries for nursing
personnel, related fringe benefits and [nursing pool] costs for nursing
personnel supplied by a temporary nursing services agency; (B) indirect
costs, which shall include professional fees, dietary expenses,
housekeeping expenses, laundry expenses, supplies related to patient
care, salaries for indirect care personnel and related fringe benefits; (C)
fair rent, which shall be defined in accordance with subsection (f) of
section 17-311-52 of the regulations of Connecticut state agencies; (D)
capital-related costs, which shall include property taxes, insurance
expenses, equipment leases and equipment depreciation; and (E)
administrative and general costs, which shall include (i) maintenance
and operation of plant expenses, (ii) salaries for administrative and
maintenance personnel, and (iii) related fringe benefits. The
commissioner may provide a rate adjustment for nonemergency
transportation services required by nursing facility residents. Such
adjustment shall be a fixed amount determined annually by the
commissioner based upon a review of costs and other associated
information. Allowable costs shall not include costs for ancillary
services payable under Part B of the Medicare program.
Sec. 7. Subdivision (4) of subsection (a) of section 17b-340d of the 2022
supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective July 1, 2022):
(4) Allowable costs shall be divided into the following five cost
components: (A) Direct costs, which shall include salaries for nursing
personnel, related fringe benefits and [nursing pool] costs for nursing
personnel supplied by a temporary nursing services agency; (B) indirect
costs, which shall include professional fees, dietary expenses, Substitute House Bill No. 5313
Public Act No. 22-57 12 of 16
housekeeping expenses, laundry expenses, supplies related to patient
care, salaries for indirect care personnel and related fringe benefits; (C)
fair rent, which shall be defined in regulations adopted in accordance
with subsection (b) of this section; (D) capital-related costs, which shall
include property taxes, insurance expenses, equipment leases and
equipment depreciation; and (E) administrative and general costs,
which shall include maintenance and operation of plant expenses,
salaries for administrative and maintenance personnel and related
fringe benefits. For (i) direct costs, the maximum cost shall be equal to
one hundred thirty-five per cent of the median allowable cost of that
peer grouping; (ii) indirect costs, the maximum cost shall be equal to one
hundred fifteen per cent of the state-wide median allowable cost; (iii)
fair rent, the amount shall be calculated utilizing the amount approved
pursuant to section 17b-353; (iv) capital-related costs, there shall be no
maximum; and (v) administrative and general costs, the maximum shall
be equal to the state-wide median allowable cost. For purposes of this
subdivision, "temporary nursing services agency" and "nursing
personnel" have the same meaning as provided in section 1 of this act.
Sec. 8. Subsection (a) of section 51-344a of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2022):
(a) Whenever the term "judicial district of Hartford-New Britain" or
"judicial district of Hartford-New Britain at Hartford" is used or referred
to in the following sections of the general statutes, it shall be deemed to
mean or refer to the judicial district of Hartford on and after September
1, 1998: Sections 1-205, 1-206, 2-48, 3-21a, 3-62d, 3-70a, 3-71a, 4-61, 4-160,
4-164, 4-177b, 4-180, 4-183, 4-197, 5-202, 5-276a, 8-30g, 9-7a, 9-7b, 9-369b,
10-153e, 12-208, 12-237, 12-268l, 12-312, 12-330m, 12-405k, 12-422, 12-448,
12-454, 12-456, 12-463, 12-489, 12-522, 12-554, 12-565, 12-572, 12-586f, 12-
597, 12-730, 13b-34, 13b-235, 13b-315, 13b-375, 14-57, 14-66, 14-67u, 14-
110, 14-195, 14-311, 14-311c, 14-324, 14-331, 15-125, 15-126, 16-41, 16a-5, Substitute House Bill No. 5313
Public Act No. 22-57 13 of 16
17b-60, 17b-100, 17b-238, 17b-531, 19a-85, 19a-86, [19a-123d,] 19a-425,
19a-498, 19a-517, 19a-526, 19a-633, 20-12f, 20-13e, 20-29, 20-40, 20-45, 20-
59, 20-73a, 20-86f, 20-99, 20-114, 20-133, 20-154, 20-156, 20-162p, 20-192,
20-195p, 20-202, 20-206c, 20-227, 20-238, 20-247, 20-263, 20-271, 20-307,
20-341f, 20-363, 20-373, 20-404, 20-414, 21a-55, 21a-190i, 22-7, 22-228, 22-
248, 22-254, 22-320d, 22-326a, 22-344b, 22-386, 22a-6b, 22a-7, 22a-16, 22a-
30, 22a-34, 22a-53, 22a-60, 22a-62, 22a-63, 22a-66h, 22a-106a, 22a-119,
22a-180, 22a-182a, 22a-184, 22a-220a, 22a-220d, 22a-225, 22a-226, 22a-
226c, 22a-227, 22a-250, 22a-255l, 22a-276, 22a-310, 22a-342a, 22a-344, 22a-
361a, 22a-374, 22a-376, 22a-408, 22a-430, 22a-432, 22a-438, 22a-449f, 22a-
449g, 22a-459, 23-5e, 23-65m, 25-32e, 25-36, 28-5, 29-143j, 29-158, 29-161z,
29-323, 30-8, 31-109, 31-249b, 31-266, 31-266a, 31-270, 31-273, 31-284, 31-
285, 31-339, 31-355a, 31-379, 35-3c, 35-42, 36a-186, 36a-187, 36a-471a, 36a-
494, 36a-587, 36a-647, 36a-684, 36a-718, 36a-807, 36b-26, 36b-27, 36b-30,
36b-50, 36b-71, 36b-72, 36b-74, 36b-76, 38a-41, 38a-52, 38a-134, 38a-139,
38a-140, 38a-147, 38a-150, 38a-185, 38a-209, 38a-225, 38a-226b, 38a-241,
38a-337, 38a-470, 38a-620, 38a-657, 38a-687, 38a-774, 38a-776, 38a-817,
38a-843, 38a-868, 38a-906, 38a-994, 42-103c, 42-110d, 42-110k, 42-110p,
42-182, 46a-56, 46a-100, 47a-21, 49-73, 51-44a, 51-81b, 51-194, 52-146j, 53-
392d and 54-211a.
Sec. 9. Section 19a-535 of the 2022 supplement to the general statutes
is amended by adding subsection (k) as follows (Effective July 1, 2022):
(NEW) (k) A facility shall electronically report each involuntary
transfer or discharge to the State Ombudsman, appointed pursuant to
section 17a-405, (1) in a manner prescribed by the State Ombudsman,
and (2) on an Internet web site portal maintained by the State
Ombudsman in accordance with patient privacy provisions of the
Health Insurance Portability and Accountability Act of 1996, P.L. 104-
191, as amended from time to time.
Sec. 10. Section 19a-535a of the general statutes is amended by adding
subsection (e) as follows (Effective from passage): Substitute House Bill No. 5313
Public Act No. 22-57 14 of 16
(NEW) (e) Not later than six months after the effective date of this
section, a facility shall electronically report each involuntary transfer or
discharge (1) in a manner prescribed by the State Ombudsman,
appointed pursuant to section 17a-405, and (2) on an Internet web site
portal maintained by the State Ombudsman in accordance with patient
privacy provisions of the Health Insurance Portability and
Accountability Act of 1996, P.L. 104-191, as amended from time to time.
Sec. 11. (Effective from passage) (a) The State Ombudsman, appointed
pursuant to section 17a-405 of the general statutes, shall appoint and
convene a working group of not more than eight members to study the
following issues involving a managed residential community, as
defined in section 19a-693 of the general statutes, that is not affiliated
with a facility providing services under a continuing-care contract, as
defined in section 17b-520 of the general statutes: (1) What notice should
be provided to residents of managed residential communities of rental
and other fee increases that exceed certain percentages, and (2) resident
health transitions and determinations of care levels.
(b) The working group shall include, but not be limited to, the State
Ombudsman, or the State Ombudsman's designee, and the following
members, provided such members are willing and available to serve:
Representatives of the (1) Connecticut Assisted Living Association, (2)
Connecticut Association of Health Care Facilities/Connecticut Center
for Assisted Living, and (3) LeadingAge Connecticut.
(c) Chairpersons of the working group shall be the State
Ombudsman, or the State Ombudsman's designee, and another member
of the working group chosen by members of the group. The State
Ombudsman shall schedule the first meeting of the working group not
later than sixty days after the effective date of this section. The
administrative staff of the joint standing committee of the General
Assembly having cognizance of matters relating to aging shall serve as
administrative staff of the working group. Substitute House Bill No. 5313
Public Act No. 22-57 15 of 16
(d) Not later than December 31, 2022, the working group shall submit
a report on its findings and recommendations to the joint standing
committee of the General Assembly having cognizance of matters
relating to aging in accordance with the provisions of section 11-4a of
the general statutes. The working group shall terminate on the date that
it submits such report or December 31, 2022, whichever is later.
Sec. 12. Subsection (g) of section 17b-451 of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(g) The Commissioner of Social Services shall develop an educational
training program to promote and encourage the accurate and prompt
identification and reporting of abuse, neglect, exploitation and
abandonment of elderly persons. Such training program shall be made
available on the Internet web site of the Department of Social Services
to mandatory reporters and other interested persons. The commissioner
shall also make such training available in person or otherwise at various
times and locations throughout the state as determined by the
commissioner. Except for a mandatory reporter who has received
training from an institution, organization, agency or facility required to
provide such training pursuant to subsection (a) of this section, a
mandatory reporter shall complete the educational training program
developed by the commissioner, or an alternate program approved by
the commissioner, not later than December 31, 2022, or not later than
ninety days after becoming a mandatory reporter.
Sec. 13. Section 17a-412 of the 2022 supplement to the general statutes
is amended by adding subsection (i) as follows (Effective from passage):
(NEW) (i) Any person required to report suspected abuse, neglect,
exploitation or abandonment pursuant to subsection (a) of this section
shall complete the educational training program provided by the
Commissioner of Social Services pursuant to subsection (g) of section Substitute House Bill No. 5313
Public Act No. 22-57 16 of 16
17b-451, as amended by this act, or an alternate program approved by
the commissioner, not later than December 31, 2022, or not later than
ninety days after beginning employment as a person required to report
suspected abuse, neglect, exploitation or abandonment pursuant to
subsection (a) of this section.
Sec. 14. (NEW) (Effective from passage) (a) The Department of Social
Services shall develop an advisory for medical assistance applicants for
long-term medical care and home care concerning their right to seek
legal assistance. The advisory shall state, at a minimum, that while
applicants are not required to utilize an attorney, obtaining legal advice
prior to completing such application for long-term medical care and
home care may help protect their finances and rights.
(b) The department shall post the advisory developed pursuant to
subsection (a) of this section not later than July 1, 2022, on its Internet
web site and shall include the advisory in such applications for long-
term medical care and home care not later than September 1, 2023.
Sec. 15. Sections 19a-123, 19a-123b and 19a-123d of the general
statutes are repealed. (Effective July 1, 2022)