LCO No. 2948 1 of 12 General Assembly Raised Bill No. 5431 February Session, 2022 LCO No. 2948 Referred to Committee on APPROPRIATIONS Introduced by: (APP) AN ACT CONCERNING FUNDING RECEIVED BY THE STATE UNDER THE FEDERAL AMERICAN RESCUE PLAN ACT. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 19a-7d of the 2022 supplement to the general 1 statutes is repealed and the following is substituted in lieu thereof 2 (Effective from passage): 3 (a) [Not later than January 1, 2022, the] The Commissioner of Public 4 Health shall establish, within available resources, a program to provide 5 three-year grants to community-based providers of primary care 6 services in order to expand access to health care for the uninsured. The 7 grants may be awarded to community-based providers of primary care 8 for (1) funding for direct services, (2) recruitment and retention of 9 primary care clinicians and registered nurses through subsidizing of 10 salaries or through a loan repayment program, and (3) capital 11 expenditures. The community-based providers of primary care under 12 the direct service program shall provide, or arrange access to, primary 13 and preventive services, behavioral health services, referrals to specialty 14 services, including rehabilitative and mental health services, inpatient 15 Raised Bill No. 5431 LCO No. 2948 2 of 12 care, prescription drugs, basic diagnostic laboratory services, health 16 education and outreach to alert people to the availability of services. 17 Primary care clinicians and registered nurses participating in the state 18 loan repayment program or receiving subsidies shall provide services 19 to the uninsured based on a sliding fee schedule, provide free care if 20 necessary, accept Medicare assignment and participate as Medicaid 21 providers, or provide nursing services in school-based health centers 22 and expanded school health sites, as such terms are defined in section 23 19a-6r. The commissioner may adopt regulations, in accordance with 24 the provisions of chapter 54, to establish eligibility criteria, services to 25 be provided by participants, the sliding fee schedule, reporting 26 requirements and the loan repayment program. For the purposes of this 27 section, "primary care clinicians" includes family practice physicians, 28 general practice osteopaths, obstetricians and gynecologists, internal 29 medicine physicians, pediatricians, dentists, certified nurse midwives, 30 advanced practice registered nurses, physician assistants, [and] dental 31 hygienists, psychiatrists, psychologists, licensed clinical social workers, 32 licensed marriage and family therapists and licensed professional 33 counselors. 34 (b) Funds appropriated for the state loan repayment program shall 35 not lapse until fifteen months following the end of the fiscal year for 36 which such funds were appropriated. 37 Sec. 2. Section 36 of public act 21-2 of the June special session is 38 repealed and the following is substituted in lieu thereof (Effective from 39 passage): 40 (a) As used in this section: 41 (1) "Community action agency" means a public or private nonprofit 42 agency which has previously been designated by and authorized to 43 accept funds from the federal Community Services Administration for 44 community action agencies under the Economic Opportunity Act of 45 1964, or a successor agency established pursuant to section 17b-892 of 46 the general statutes; 47 Raised Bill No. 5431 LCO No. 2948 3 of 12 (2) "Community health worker" means a public health outreach 48 professional with an in-depth understanding of the experience, 49 language, culture and socioeconomic needs of the community and who 50 provides a range of services, including, but not limited to, outreach, 51 engagement, education, coaching, informal counseling, social support, 52 advocacy, care coordination, research related to social determinants of 53 health and basic screenings and assessments of any risks associated with 54 social determinants of health; and 55 (3) "COVID-19" means the respiratory disease designated by the 56 World Health Organization on February 11, 2020, as coronavirus 2019, 57 and any related mutation thereof recognized by said organization as a 58 communicable respiratory disease. 59 (b) The Department of [Public Health] Social Services shall establish 60 a community health worker grant program. The purpose of such 61 program shall be to provide grants to community action agencies that 62 employ community health workers who provide a range of services to 63 persons adversely affected by the COVID-19 pandemic. The department 64 may enter into an agreement, pursuant to chapter 55a of the general 65 statutes, with a person, firm, corporation or other entity to operate such 66 program. 67 (c) The Department of [Public Health] Social Services shall publish on 68 its Internet web site a notice of grant availability for the period 69 beginning on [the effective date of this section] June 23, 2021, and ending 70 on June 30, [2023] 2024. 71 (d) Each community action agency applying for a grant under this 72 section shall submit an application in such form and manner as 73 prescribed by the Commissioner of [Public Health] Social Services. Each 74 application shall include the following information: (1) The location of 75 the principal place of business of the applicant; (2) the number of 76 community health workers employed by the applicant [or that] and the 77 number of community health workers the applicant seeks to employ 78 under the grant and the range of services provided or to be provided by 79 Raised Bill No. 5431 LCO No. 2948 4 of 12 such community health workers; (3) an explanation of the intended use 80 of the grant being applied for; (4) strategies for integrating community 81 health workers into an individual's care delivery team, including, but 82 not limited to, the capacity to address health care and social services 83 needs; and [(4)] (5) such other information that the commissioner deems 84 necessary. 85 (e) The Department of [Public Health] Social Services shall review all 86 grant applications received under the program and determine which 87 applications are eligible for funding. Criteria for such determinations 88 shall be established by the department and included in the notice of 89 grant availability described in subsection (c) of this section. 90 (f) The amount of any grant issued to a community action agency 91 pursuant to this section shall not exceed thirty thousand dollars 92 annually per community health worker employed by, or planned to be 93 employed by, such agency and the total amount of grants issued to 94 community action agencies in the aggregate shall not exceed six million 95 dollars. No grant shall be issued pursuant to this section after June 30, 96 [2023] 2024. 97 [(g) (1) Not later than January 1, 2022, the Commissioner of Public 98 Health shall report, in accordance with the provisions of section 11-4a 99 of the general statutes, to the joint standing committee of the General 100 Assembly having cognizance of matters relating to public health and 101 human services regarding the progress of the program and including 102 any requisite legislative proposals to accomplish the goals of the 103 program.] 104 [(2)] (g) Not later than January 1, 2024, the Commissioner of [Public 105 Health] Social Services shall report, in accordance with the provisions of 106 section 11-4a of the general statutes, on the community health worker 107 grant program to the joint standing committees of the General Assembly 108 having cognizance of matters relating to public health and human 109 services. Such report shall include the following data regarding the 110 program: [(A)] (1) The number of grants provided and the amount of 111 Raised Bill No. 5431 LCO No. 2948 5 of 12 such grants; [(B)] (2) the identities of the community action agencies that 112 received such grants; [(C)] (3) the intended use of each grant provided, 113 as described by the community action agency pursuant to subdivision 114 (3) of subsection (d) of this section; [(D)] (4) the number of community 115 health workers employed by each community action agency that 116 received a grant at the time such agency received such grant and 117 information regarding the services provided by such community health 118 workers; and [(E)] (5) the number of community health workers 119 employed by each community action agency that received a grant at the 120 conclusion of the program and information regarding the services 121 provided by such community health workers. 122 Sec. 3. Section 37 of public act 21-2 of the June special session is 123 repealed and the following is substituted in lieu thereof (Effective from 124 passage): 125 The sum of $3,000,000 allocated in section 41 of special act 21-15, [and] 126 as amended by section 306 of [this act] public act 21-2 of the June special 127 session, to the Department of Public Health, for Community Health 128 Workers, for each of the fiscal years ending June 30, 2022, and June 30, 129 2023, shall be for the purposes of the program established pursuant to 130 section 36 of [this act] public act 21-2 of the June special session, as 131 amended by this act. The Department of Public Health shall transfer 132 such funds to the Department of Social Services. 133 Sec. 4. Section 321 of public act 21-2 of the June special session is 134 repealed and the following is substituted in lieu thereof (Effective from 135 passage): 136 The Commissioner of Social Services shall, within the ten million 137 dollars in federal funds allocated to the Department of Social Services 138 pursuant to section 1 of special act 21-1, as amended by this act, in 139 accordance with the provisions of Subtitle M of Title IX of the American 140 Rescue Plan Act of 2021, P.L. 117-2, as amended from time to time, 141 provide temporary financial relief to nursing home facilities. [Grant 142 allocations shall be made based on the per cent difference between the 143 Raised Bill No. 5431 LCO No. 2948 6 of 12 issued and calculated reimbursement rate. The commissioner, within 144 the available ten million dollars in federal funding allocated to the 145 department for this purpose, shall issue one-time grants subject to a pro 146 rata adjustment based on available funding.] 147 Sec. 5. Section 325 of public act 21-2 of the June special session is 148 repealed and the following is substituted in lieu thereof (Effective from 149 passage): 150 Notwithstanding the provisions of section 17b-340 of the general 151 statutes, for the fiscal years ending June 30, 2022, and June 30, 2023, the 152 Commissioner of Social Services shall, for the purposes of providing 153 pandemic-related support, increase the minimum per diem, per bed rate 154 to five hundred one dollars for a residential facility licensed pursuant to 155 section 17a-227 of the general statutes and certified to participate in the 156 Title XIX Medicaid program as an intermediate care facility for 157 individuals with intellectual disability. 158 Sec. 6. Section 17b-112 of the 2022 supplement to the general statutes 159 is repealed and the following is substituted in lieu thereof (Effective from 160 passage): 161 (a) The Department of Social Services shall administer a temporary 162 family assistance program under which cash assistance shall be 163 provided to eligible families in accordance with the temporary 164 assistance for needy families program, established pursuant to the 165 Personal Responsibility and Work Opportunity Reconciliation Act of 166 1996. The Commissioner of Social Services may operate portions of the 167 temporary family assistance program as a solely state-funded program, 168 separate from the federal temporary assistance for needy families 169 program, if the commissioner determines that doing so will enable the 170 state to avoid fiscal penalties under the temporary assistance for needy 171 families program. Families receiving assistance under the solely state-172 funded portion of the temporary family assistance program shall be 173 subject to the same conditions of eligibility as those receiving assistance 174 under the federal temporary assistance for needy families program. 175 Raised Bill No. 5431 LCO No. 2948 7 of 12 Under the temporary family assistance program, benefits shall be 176 provided to a family for not longer than twenty-one months, except as 177 provided in subsections (b) and (c) of this section. For the purpose of 178 calculating said twenty-one-month time limit, months of assistance 179 received on and after January 1, 1996, pursuant to time limits under the 180 aid to families with dependent children program, shall be included. For 181 purposes of this section, "family" means one or more individuals who 182 apply for or receive assistance together under the temporary family 183 assistance program. If the commissioner determines that federal law 184 allows individuals not otherwise in an eligible covered group for the 185 temporary family assistance program to become covered, such family 186 may also, at the discretion of the commissioner, be composed of (1) a 187 pregnant woman, or (2) a parent, both parents or other caretaker relative 188 and at least one child who is under the age of eighteen, or who is under 189 the age of nineteen and a full-time student in a secondary school or its 190 equivalent. A caretaker relative shall be related to the child or children 191 by blood, marriage or adoption or shall be the legal guardian of such a 192 child or pursuing legal proceedings necessary to achieve guardianship. 193 If the commissioner elects to allow state eligibility consistent with any 194 change in federal law, the commissioner may administratively transfer 195 any qualifying family cases under the cash assistance portion of the 196 state-administered general assistance program to the temporary family 197 assistance program without regard to usual eligibility and enrollment 198 procedures. If such families become an ineligible coverage group under 199 the federal law, the commissioner shall administratively transfer such 200 families back to the cash assistance portion of the state-administered 201 general assistance program without regard to usual eligibility and 202 enrollment procedures to the degree that such families are eligible for 203 the state program. 204 (b) The Commissioner of Social Services shall exempt a family from 205 such time-limited benefits for circumstances including, but not limited 206 to: (1) A family with a needy caretaker relative who is incapacitated or 207 of an advanced age, as defined by the commissioner, if there is no other 208 nonexempt caretaker relative in the household; (2) a family with a needy 209 Raised Bill No. 5431 LCO No. 2948 8 of 12 caretaker relative who is needed in the home because of the incapacity 210 of another member of the household, if there is no other nonexempt 211 caretaker relative in the household; (3) a family with a caretaker relative 212 who is not legally responsible for the dependent children in the 213 household if such relative's needs are not considered in calculating the 214 amount of the benefit and there is no other nonexempt caretaker relative 215 in the household; (4) a family with a caretaker relative caring for a child 216 who is under one year of age if there is no other nonexempt caretaker 217 relative in the household; (5) a family with a pregnant or postpartum 218 caretaker relative if a physician has indicated that such relative is unable 219 to work and there is no other nonexempt caretaker relative in the 220 household; (6) a family with a caretaker relative determined by the 221 commissioner to be unemployable and there is no other nonexempt 222 caretaker relative in the household; and (7) minor parents attending and 223 satisfactorily completing high school or high school equivalency 224 programs. 225 (c) A family who is subject to time-limited benefits may petition the 226 Commissioner of Social Services for six-month extensions of such 227 benefits. The commissioner shall grant not more than two extensions to 228 such family who has made a good faith effort to comply with the 229 requirements of the program and despite such effort has a total family 230 income at a level below the payment standard, or has encountered 231 circumstances preventing employment including, but not limited to: (1) 232 Domestic violence or physical harm to such family's children; or (2) 233 other circumstances beyond such family's control. The commissioner 234 shall disregard ninety dollars of earned income in determining 235 applicable family income. The commissioner may grant a subsequent 236 six-month extension if each adult in the family meets one or more of the 237 following criteria: (A) The adult is precluded from engaging in 238 employment activities due to domestic violence or another reason 239 beyond the adult's control; (B) the adult has two or more substantiated 240 barriers to employment including, but not limited to, the lack of 241 available child care, substance abuse or addiction, severe mental or 242 physical health problems, one or more severe learning disabilities, 243 Raised Bill No. 5431 LCO No. 2948 9 of 12 domestic violence or a child who has a serious physical or behavioral 244 health problem; (C) the adult is working thirty-five or more hours per 245 week, is earning at least the minimum wage and continues to earn less 246 than the family's temporary family assistance payment standard; or (D) 247 the adult is employed and works less than thirty-five hours per week 248 due to (i) a documented medical impairment that limits the adult's 249 hours of employment, provided the adult works the maximum number 250 of hours that the medical condition permits, or (ii) the need to care for a 251 disabled member of the adult's household, provided the adult works the 252 maximum number of hours the adult's caregiving responsibilities 253 permit. Families receiving temporary family assistance shall be notified 254 by the department of the right to petition for such extensions. 255 Notwithstanding the provisions of this section, the commissioner shall 256 not provide benefits under the state's temporary family assistance 257 program to a family that is subject to the twenty-one month benefit limit 258 and has received benefits beginning on or after October 1, 1996, if such 259 benefits result in that family's receiving more than sixty months of time-260 limited benefits unless that family experiences domestic violence, as 261 defined in Section 402(a)(7)(B), P.L. 104-193. For the purpose of 262 calculating said sixty-month limit: (I) A month shall count toward the 263 limit if the family receives assistance for any day of the month, provided 264 any months of temporary family assistance received during the public 265 health emergency declared by Governor Ned Lamont related to the 266 COVID-19 pandemic shall not be included, and (II) a month in which a 267 family receives temporary assistance for needy families benefits that are 268 issued from a jurisdiction other than Connecticut shall count toward the 269 limit. 270 (d) Under said program, no family shall be eligible that has total gross 271 earnings exceeding the federal poverty level, however, in the calculation 272 of the benefit amount for eligible families and previously eligible 273 families that become ineligible temporarily because of receipt of 274 workers' compensation benefits by a family member who subsequently 275 returns to work immediately after the period of receipt of such benefits, 276 earned income shall be disregarded up to the federal poverty level. 277 Raised Bill No. 5431 LCO No. 2948 10 of 12 Except when determining eligibility for a six-month extension of 278 benefits pursuant to subsection (c) of this section, the commissioner 279 shall disregard the first fifty dollars per month of income attributable to 280 current child support that a family receives in determining eligibility 281 and benefit levels for temporary family assistance. Any current child 282 support in excess of fifty dollars per month collected by the department 283 on behalf of an eligible child shall be considered in determining 284 eligibility but shall not be considered when calculating benefits and 285 shall be taken as reimbursement for assistance paid under this section, 286 except that when the current child support collected exceeds the family's 287 monthly award of temporary family assistance benefits plus fifty 288 dollars, the current child support shall be paid to the family and shall be 289 considered when calculating benefits. 290 (e) A family receiving assistance under said program shall cooperate 291 with child support enforcement, under title IV-D of the Social Security 292 Act. A family shall be ineligible for benefits for failure to cooperate with 293 child support enforcement. 294 (f) A family leaving assistance at the end of (1) said twenty-one-295 month time limit, including a family with income above the payment 296 standard, or (2) the sixty-month limit shall have an interview for the 297 purpose of being informed of services that may continue to be available 298 to such family, including employment services available through the 299 Labor Department. Such interview shall include (A) a determination of 300 benefits available to the family provided by the Department of Social 301 Services; and (B) a determination of whether such family is eligible for 302 supplemental nutrition assistance or Medicaid. Information and 303 referrals shall be made to such a family for services and benefits 304 including, but not limited to, the earned income tax credit, rental 305 subsidies emergency housing, employment services and energy 306 assistance. 307 [(g) Notwithstanding section 17b-104, commencing on July 1, 2023, 308 the Commissioner of Social Services shall provide an annual cost-of-309 living adjustment in temporary family assistance benefits equal to the 310 Raised Bill No. 5431 LCO No. 2948 11 of 12 most recent percentage increase in the consumer price index for urban 311 consumers whenever funds appropriated for temporary family 312 assistance lapse at the close of any fiscal year and such adjustment has 313 not otherwise been included in the budget for the assistance program, 314 provided the increase would not create a budget deficiency in 315 succeeding years. The commissioner shall provide a prorated benefit 316 increase from such available lapsed funds in any fiscal year when such 317 funds are not sufficient to cover a cost-of-living adjustment in 318 accordance with this subsection.] 319 [(h)] (g) An applicant or recipient of temporary family assistance who 320 is adversely affected by a decision of the Commissioner of Social 321 Services may request and shall be provided a hearing in accordance 322 with section 17b-60. 323 Sec. 7. Section 1 of special act 21-1, as amended by section 86 of public 324 act 21-2 of the June special session, is amended to read as follows 325 (Effective from passage): 326 (a) Notwithstanding any provision of the general statutes, not later 327 than [April 26, 2021] June 1, 2022, the Governor shall submit to the 328 speaker of the House of Representatives and the president pro tempore 329 of the Senate recommended allocations of federal funds designated for 330 the state pursuant to the provisions of Subtitle M of Title IX of the 331 American Rescue Plan Act of 2021, P.L. 117-2, as amended from time to 332 time, except for any funds designated under the Coronavirus Local 333 Fiscal Recovery Fund. Not later than five days after receipt of the 334 recommended allocations, the speaker and the president pro tempore 335 shall submit the recommended allocations to the joint standing 336 committee of the General Assembly having cognizance of matters 337 relating to appropriations and the budgets of state agencies. Said 338 committee shall report their approval or modifications, if any, of such 339 recommended allocations to the speaker and the president pro tempore 340 not later than [May 16, 2021] July 1, 2022. Any partial or final allocations 341 of such funds shall be authorized by public or special act of the General 342 Assembly. Disbursement of such funds shall be in accordance with such 343 Raised Bill No. 5431 LCO No. 2948 12 of 12 partial or final allocations and no disbursement of such funds shall 344 occur prior to such authorization. 345 (b) If it is determined that any amount allocated by the General 346 Assembly pursuant to subsection (a) of this section is not allowable 347 under guidance provided by the federal government, including, but not 348 limited to, the United States Treasury, the Secretary of the Office of 349 Policy and Management shall immediately notify the joint standing 350 committee of the General Assembly having cognizance of matters 351 relating to appropriations and the budgets of state agencies of the 352 specific amount and recipient of such allocation and the reason for such 353 determination. 354 This act shall take effect as follows and shall amend the following sections: Section 1 from passage 19a-7d Sec. 2 from passage PA 21-2 of the June Sp. Sess., Sec. 36 Sec. 3 from passage PA 21-2 of the June Sp. Sess., Sec. 37 Sec. 4 from passage PA 21-2 of the June Sp. Sess., Sec. 321 Sec. 5 from passage PA 21-2 of the June Sp. Sess., Sec. 325 Sec. 6 from passage 17b-112 Sec. 7 from passage SA 21-1, Sec. 1 Statement of Purpose: To make changes concerning the expenditure of funds received by the state under the Federal American Rescue Plan Act of 2021. [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.]