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General Assembly Governor's Bill No. 6660
January Session, 2023
LCO No. 4030
Referred to Committee on APPROPRIATIONS
Introduced by:
Request of the Governor Pursuant
to Joint Rule 9
AN ACT IMPLEMENTING THE GOVERNOR'S BUDGET
RECOMMENDATIONS FOR GENERAL GOVERNMENT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subdivision (10) of section 5-198 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective from 2
passage): 3
(10) Executive assistants to each state elective officer and each 4
department head, as defined in section 4-5, as amended by this act, 5
provided (A) each position of executive assistant shall have been created 6
in accordance with section 5-214, and (B) in no event shall the 7
Commissioner of Administrative Services or the Secretary of the Office 8
of Policy and Management approve more than [four] two executive 9
assistants for [a] each department head or each deputy department 10
head; 11
Sec. 2. Subsection (a) of section 4-124w of the general statutes is 12
repealed and the following is substituted in lieu thereof (Effective from 13
passage): 14
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(a) There is established an Office of Workforce Strategy. The office 15
shall be within the [Office of the Governor] Labor Department, for 16
administrative purposes only. 17
Sec. 3. Subparagraph (B) of subdivision (1) of subsection (j) of section 18
31-225a of the general statutes is repealed and the following is 19
substituted in lieu thereof (Effective from passage): 20
(B) Commencing with the third calendar quarter of [2024] 2026, 21
unless waived pursuant to subdivision (5) of this subsection, any 22
employer subject to this chapter, with one hundred or more employees, 23
shall include in the quarterly filing submitted pursuant to subparagraph 24
(A) of this subdivision, the following data for each employee receiving 25
wages in employment subject to this chapter: Such employee's gender 26
identity, age, race, ethnicity, veteran status, disability status, highest 27
education completed, home address, address of primary work site, 28
occupational code under the standard occupational classification 29
system of the Bureau of Labor Statistics of the United States Department 30
of Labor, hours worked, days worked, salary or hourly wage, 31
employment start date in the current job title and, if applicable, 32
employment end date. The information required pursuant to this 33
subparagraph shall be included in the quarterly filings of employers 34
subject to this chapter with ninety-nine or fewer employees 35
commencing with the third calendar quarter of [2026] 2028, except 36
employers subject to this chapter with forty-nine or fewer employees 37
without an electronic payroll system shall include such information 38
commencing with the third calendar quarter of [2028] 2030. Nothing in 39
this subparagraph shall be construed to require an employee to provide 40
information about gender identity, age, race, ethnicity, veteran status or 41
disability status if not otherwise required by law. The administrator 42
may issue guidance defining each such data field. 43
Sec. 4. Section 4-68hh of the general statutes is repealed and the 44
following is substituted in lieu thereof (Effective from passage): 45
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(a) The Secretary of the Office of Policy and Management shall, 46
within available appropriations, aggregate data related to existing 47
federal and state housing programs in the state to analyze the impact of 48
such programs on economic and racial segregation. Such review shall 49
include, but need not be limited to, data relating to (1) housing 50
development programs, (2) housing affordability initiatives, (3) 51
communities where low-income housing tax credits and rental 52
assistance are spent, and (4) specific neighborhood racial and economic 53
demographics. In collecting and measuring such data, the Secretary of 54
the Office of Policy and Management shall implement tools such as the 55
dissimilarity index and the five dimensions of segregation used by the 56
United States Bureau of the Census. 57
(b) Not later than January 1, 2022, and [biennially thereafter] not later 58
than January 1, 2024, the Secretary of the Office of Policy and 59
Management shall submit a report, in accordance with the provisions of 60
section 11-4a, to the joint standing committee of the General Assembly 61
having cognizance of matters relating to housing. Such report shall 62
include a summary of any findings and recommendations relating to the 63
data collected pursuant to subsection (a) of this section. 64
Sec. 5. Subdivision (1) of subsection (c) of section 32-285a of the 65
general statutes is repealed and the following is substituted in lieu 66
thereof (Effective July 1, 2023): 67
(c) (1) The Community Investment Fund 2030 Board shall establish 68
an application and review process with guidelines and terms for funds 69
provided from the bond proceeds under subsection (d) of this section 70
for eligible projects. Such funds shall be used for costs related to an 71
eligible project recommended by the board and approved by the 72
Governor pursuant to this subsection [and] but shall not be used to pay 73
or to reimburse the administrator for administrative costs under this 74
section. The Department of Economic and Community Development 75
shall pay for administrative costs within available appropriations. 76
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Sec. 6. Subparagraph (L) of subdivision (1) of section 12-408 of the 77
general statutes is repealed and the following is substituted in lieu 78
thereof (Effective July 1, 2023): 79
(L) (i) For calendar months commencing on or after July 1, 2021, but 80
prior to July 1, 2023, the commissioner shall deposit into the municipal 81
revenue sharing account established pursuant to section 4-66l, as 82
amended by this act, seven and nine-tenths per cent of the amounts 83
received by the state from the tax imposed under subparagraph (A) of 84
this subdivision; and 85
(ii) For calendar months commencing on or after July 1, 2023, the 86
commissioner shall deposit into the Municipal Revenue Sharing Fund 87
established pursuant to section 4-66p, as amended by this act, seven and 88
nine-tenths per cent of the amounts received by the state from the tax 89
imposed under subparagraph (A) of this subdivision; and 90
Sec. 7. Subparagraph (K) of subdivision (1) of section 12-411 of the 91
general statutes is repealed and the following is substituted in lieu 92
thereof (Effective July 1, 2023): 93
(K) (i) For calendar months commencing on or after July 1, 2021, but 94
prior to July 1, 2023, the commissioner shall deposit into [said] the 95
municipal revenue sharing account established pursuant to section 4-96
66l, as amended by this act, seven and nine-tenths per cent of the 97
amounts received by the state from the tax imposed under 98
subparagraph (A) of this subdivision; and 99
(ii) For calendar months commencing on or after July 1, 2023, the 100
commissioner shall deposit into the Municipal Revenue Sharing Fund 101
established pursuant to section 4-66p, as amended by this act, seven and 102
nine-tenths per cent of the amounts received by the state from the tax 103
imposed under subparagraph (A) of this subdivision; and 104
Sec. 8. Section 4-66p of the general statutes is repealed and the 105
following is substituted in lieu thereof (Effective July 1, 2023): 106
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(a) There is established a fund to be known as the "Municipal 107
Revenue Sharing Fund" which shall be a separate, nonlapsing fund. The 108
fund shall contain any moneys required by law to be deposited in the 109
fund. Moneys in the fund shall be expended by the Secretary of the 110
Office of Policy and Management for the purposes of providing grants 111
pursuant to [section 4-66l and section 12-18b] subsections (c) to (g), 112
inclusive, of this section. 113
(b) For the fiscal year ending June 30, 2017, ten million dollars shall 114
be transferred from such fund not later than April fifteenth for the 115
purposes of grants under section 10-262h. 116
(c) (1) For the fiscal year ending June 30, 2024, and each fiscal year 117
thereafter, moneys sufficient to make motor vehicle property tax grants 118
payable to municipalities pursuant to subsection (c) of section 4-66l shall 119
be expended not later than August first annually by the secretary. 120
(d) For the fiscal year ending June 30, 2024, and each fiscal year 121
thereafter, moneys sufficient to make the grants payable pursuant to 122
subsections (d) and (e) of section 12-18b, as amended by this act, shall 123
be expended by the secretary. 124
(e) (1) For the fiscal year ending June 30, 2024, and each fiscal year 125
thereafter, each municipality or district listed below shall receive the 126
following supplemental revenue sharing grant payable not later than 127
October thirty-first annually: 128
T1 Grantee Grant Amount
T2
T3 Andover 43,820
T4 Ansonia -
T5 Ashford 44,498
T6 Avon 142,054
T7 Barkhamsted -
T8 Beacon Falls -
T9 Berlin 258,989
T10 Bethany 26,746
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T11 Bethel -
T12 Bethlehem 40,552
T13 Bloomfield 291,027
T14 Bolton 11,053
T15 Bozrah -
T16 Branford -
T17 Bridgeport 6,059,559
T18 Bridgewater -
T19 Bristol 234,651
T20 Brookfield 272,396
T21 Brooklyn -
T22 Burlington 34,417
T23 Canaan 24,132
T24 Canaan Fire District 100,000
T25 Canterbury 94,624
T26 Canton -
T27 Chaplin 34,779
T28 Cheshire 241,134
T29 Chester -
T30 Clinton 288,473
T31 Colchester 134,167
T32 Colebrook -
T33 Columbia 28,393
T34 Cornwall -
T35 Coventry 113,156
T36 Cromwell -
T37 Danbury 1,218,855
T38 Darien -
T39 Deep River -
T40 Derby 205,327
T41 Durham 244,059
T42 Eastford -
T43 East Granby -
T44 East Haddam -
T45 East Hampton 120,397
T46 East Hartford 200,959
T47 East Haven -
T48 East Lyme 524,097
T49 Easton -
T50 East Windsor -
T51 Ellington -
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T52 Enfield -
T53 Essex -
T54 Fairfield 191,245
T55 Farmington 802,461
T56 Franklin 25,666
T57 Glastonbury 385,930
T58 Goshen -
T59 Granby -
T60 Greenwich -
T61 Griswold -
T62 Groton 466,668
T63 Guilford 496,560
T64 Haddam -
T65 Hamden 1,646,236
T66 Hampton 28,585
T67 Hartford 15,792,632
T68 Hartland 76,110
T69 Harwinton 39,036
T70 Hebron 125,020
T71 Kent -
T72 Killingly 268,063
T73 Killingworth 155,954
T74 Lebanon 162,740
T75 Ledyard -
T76 Lisbon 139,316
T77 Litchfield 46,905
T78 Lyme -
T79 Madison 175,790
T80 Manchester 780,354
T81 Mansfield 3,291,730
T82 Marlborough 48,977
T83 Meriden 622,306
T84 Middlebury 15,067
T85 Middlefield 14,971
T86 Middletown -
T87 Milford 1,130,086
T88 Monroe 443,723
T89 Montville 20,897
T90 Morris -
T91 Naugatuck 283,399
T92 New Britain 2,176,332
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T93 New Canaan -
T94 New Fairfield 265,666
T95 New Hartford -
T96 New Haven 16,921,822
T97 Newington -
T98 New London 1,112,913
T99 New Milford -
T100 Newtown 267,960
T101 Norfolk 9,911
T102 North Branford 152,031
T103 North Canaan 11,334
T104 North Haven -
T105 North Stonington -
T106 Norwalk 1,780,046
T107 Norwich 210,834
T108 Old Lyme -
T109 Old Saybrook -
T110 Orange 221,467
T111 Oxford 267,543
T112 Plainfield -
T113 Plainville -
T114 Plymouth -
T115 Pomfret 23,434
T116 Portland -
T117 Preston -
T118 Prospect 73,271
T119 Putnam 71,039
T120 Redding 57,277
T121 Ridgefield 117,659
T122 Rocky Hill 65,602
T123 Roxbury -
T124 Salem 132,694
T125 Salisbury -
T126 Scotland 13,960
T127 Seymour -
T128 Sharon -
T129 Shelton -
T130 Sherman -
T131 Simsbury -
T132 Somers 240,198
T133 Southbury 74,062
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T134 Southington -
T135 South Windsor 57,854
T136 Sprague -
T137 Stafford -
T138 Stamford 1,846,049
T139 Sterling -
T140 Stonington 218,992
T141 Stratford -
T142 Suffield 206,051
T143 Thomaston -
T144 Thompson 4,459
T145 Tolland 322,977
T146 Torrington 72,539
T147 Trumbull 604,706
T148 Union -
T149 Vernon 330,755
T150 Voluntown -
T151 Wallingford -
T152 Warren -
T153 Washington -
T154 Waterbury 5,582,559
T155 Waterford -
T156 Watertown -
T157 Westbrook -
T158 West Hartford -
T159 West Haven -
T160 Weston 70,181
T161 Westport 66,133
T162 Wethersfield -
T163 Willington -
T164 Wilton 93,135
T165 Winchester 105,432
T166 Windham 1,349,376
T167 Windsor 357,943
T168 Windsor Locks 150,116
T169 Wolcott 136,938
T170 Woodbridge 120,477
T171 Woodbury -
T172 Woodstock -
T173 TOTAL 74,672,468
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(2) If the total of grants payable to each municipality and district in 129
accordance with subdivision (1) of this subsection exceeds the amount 130
appropriated for the purposes of said subdivision, the amount of the 131
grant payable to each municipality and district shall be reduced 132
proportionately. 133
(f) For the fiscal year ending June 30, 2024, and each fiscal year 134
thereafter, the total grants paid to municipalities pursuant to sections 3-135
55i to 3-55m, inclusive, as amended by this act, shall be paid from the 136
Municipal Revenue Sharing Fund, established in subsection (a) of this 137
section and not from the Mashantucket and Mohegan Fund established 138
pursuant to section 3-55i, as amended by this act. 139
(g) (1) For the fiscal year ending June 30, 2024, and each fiscal year 140
thereafter, moneys remaining in the municipal revenue sharing fund, 141
including moneys accrued to the fund during such fiscal year but 142
received after the end of such fiscal year, shall be expended not later 143
than October first following the end of each such fiscal year by the 144
secretary for the purposes of the municipal revenue sharing grants 145
established pursuant to subsection (d) of section 4-66l. 146
(2) The amount of the grant payable to a municipality in any year in 147
accordance with subdivision (1) of this subsection shall be reduced 148
proportionately in the event that the total of such grants in such year 149
exceeds the amount available for such grants in the municipal revenue 150
sharing fund established pursuant to subsection (a) of this section. 151
Sec. 9. Subsections (d) and (e) of section 12-18b of the general statutes 152
are repealed and the following is substituted in lieu thereof (Effective July 153
1, 2023): 154
(d) For the fiscal year ending June 30, 2022, and each fiscal year 155
thereafter: 156
(1) The total amount of the grants paid to a municipality or fire 157
district pursuant to the provisions of this subsection shall not be lower 158
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than the total amount of the payment in lieu of taxes grants received by 159
such municipality or fire district for the fiscal year ending June 30, 2021. 160
(2) If the total of grants payable to each municipality and fire district 161
in accordance with the provisions of [subsection] subsections (b) and (e) 162
of this section exceeds the amount appropriated for the purposes of said 163
subsection for a fiscal year: 164
(A) Each tier one municipality shall receive fifty per cent of the grant 165
amount payable to such municipality as calculated under subsection (b) 166
of this section; 167
(B) Each tier two municipality shall receive forty per cent of the grant 168
amount payable to such municipality as calculated under subsection (b) 169
of this section; and 170
(C) Each tier three municipality shall receive thirty per cent of the 171
grant amount payable to such municipality as calculated under 172
subsection (b) of this section. 173
(3) Each municipality designated as an alliance district pursuant to 174
section 10-262u or in which more than fifty per cent of the property is 175
state-owned real property shall be classified as a tier one municipality. 176
(4) Each fire district shall receive the same percentage of the grant 177
amount payable to the municipality in which it is located. 178
(5) (A) If the total of grants payable to each municipality and fire 179
district in accordance with the provisions of subsection (b) of this section 180
exceeds the amount appropriated for the purposes of said subsection, 181
but such appropriated amount exceeds the amount required for grants 182
payable to each municipality and fire district in accordance with the 183
provisions of subdivisions (1) to (4), inclusive, of this subsection, the 184
amount of the grant payable to each municipality and fire district shall 185
be increased proportionately. 186
(B) If the total of grants payable to each municipality and fire district 187
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in accordance with the provisions of subdivisions (1) to (4), inclusive, of 188
this subsection exceeds the amount appropriated for the purposes of 189
said subdivisions, the amount of the grant payable to each municipality 190
and fire district shall be reduced proportionately, except that no grant 191
shall be reduced below the amount set forth in subdivision (1) of this 192
subsection. 193
(e) Notwithstanding the provisions of subsections (a) to (d), inclusive, 194
of this section and sections 12-19b and 12-20b, as amended by this act: 195
(1) The grant payable to any municipality or fire district with respect 196
to a campus of the United States Department of Veterans Affairs 197
Connecticut Healthcare Systems shall be one hundred per cent; 198
(2) For any municipality receiving payments under section 15-120ss, 199
property located in such municipality at Bradley International Airport 200
shall not be included in the calculation of any state grant in lieu of taxes 201
pursuant to this section; [and] 202
(3) The city of Bridgeport shall be due five million dollars, [on or 203
before the thirtieth day of September,] annually, which amount shall be 204
in addition to the amount due such city pursuant to the provisions of 205
[subsections] subsection (b) or (d) of this section; [.] 206
(4) There shall be an amount due the town of Voluntown, with 207
respect to any state-owned forest, of an additional sixty thousand 208
dollars, annually, for reimbursement to municipalities for loss of taxes 209
on private tax-exempt property; 210
(5) The amount due the town of Branford, with respect to the 211
Connecticut Hospice located in said town, shall be one hundred 212
thousand dollars, annually, for reimbursement to municipalities for loss 213
of taxes on private tax-exempt property; and 214
(6) The amount due the city of New London, with respect to the 215
United States Coast Guard Academy located in said city, shall be one 216
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million dollars, annually, for reimbursement to municipalities for loss 217
of taxes on private tax-exempt property. 218
Sec. 10. Section 12-19b of the general statutes is repealed and the 219
following is substituted in lieu thereof (Effective July 1, 2023): 220
[(a)] Not later than April first in any assessment year, any town, 221
borough or fire district to which a grant is payable under the provisions 222
of section 12-18b, as amended by this act, or 12-19a shall provide the 223
Secretary of the Office of Policy and Management with the assessed 224
valuation of the real property eligible therefor as of the first day of 225
October immediately preceding, adjusted in accordance with any 226
gradual increase in or deferment of assessed values of real property 227
implemented in accordance with section 12-62c, which is required for 228
computation of such grant. Any town, borough or fire district that 229
neglects to transmit to the secretary the assessed valuation as required 230
by this section shall forfeit two hundred fifty dollars to the state, 231
provided the secretary may waive such forfeiture in accordance with 232
procedures and standards adopted by regulation in accordance with 233
chapter 54. Said secretary may, on or before the first day of August of 234
the state fiscal year in which such grant is payable, reevaluate any such 235
property when, in the secretary's judgment, the valuation is inaccurate 236
and shall notify such town, borough or fire district of such reevaluation 237
by certified or registered mail. Any town, borough or fire district 238
aggrieved by the action of the secretary under the provisions of this 239
section may, not later than ten business days following receipt of such 240
notice, appeal to the secretary for a hearing concerning such 241
reevaluation. Such appeal shall be in writing and shall include a 242
statement as to the reasons for such appeal. The secretary shall, not later 243
than ten business days following receipt of such appeal, grant or deny 244
such hearing by notification in writing, including in the event of a 245
denial, a statement as to the reasons for such denial. Such notification 246
shall be sent by certified or registered mail. If any town, borough or fire 247
district is aggrieved by the action of the secretary following such hearing 248
or in denying any such hearing, the town, borough or fire district may 249
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not later than ten business days after receiving such notice, appeal to the 250
superior court for the judicial district wherein such town, borough or 251
fire district is located. Any such appeal shall be privileged. 252
[(b) Notwithstanding the provisions of section 12-18b or subsection 253
(a) of this section, there shall be an amount due the municipality of 254
Voluntown, on or before the thirtieth day of September, annually, with 255
respect to any state-owned forest, of an additional sixty thousand 256
dollars, which amount shall be paid from the municipal revenue sharing 257
account established pursuant to section 4-66l, for reimbursement to 258
towns for loss of taxes on private tax-exempt property.] 259
Sec. 11. Section 12-20b of the general statutes is repealed and the 260
following is substituted in lieu thereof (Effective July 1, 2023): 261
[(a)] Not later than April first in each year, any municipality to which 262
a grant is payable under the provisions of section 12-18b, as amended 263
by this act, or 12-20a shall provide the Secretary of the Office of Policy 264
and Management with the assessed valuation of the tax-exempt real 265
property as of the immediately preceding October first, adjusted in 266
accordance with any gradual increase in or deferment of assessed values 267
of real property implemented in accordance with section 12-62c, which 268
is required for computation of such grant. Any municipality which 269
neglects to transmit to the Secretary of the Office of Policy and 270
Management the assessed valuation as required by this section shall 271
forfeit two hundred fifty dollars to the state, provided the secretary may 272
waive such forfeiture in accordance with procedures and standards 273
adopted by regulation in accordance with chapter 54. Said secretary 274
may, on or before the first day of August of the state fiscal year in which 275
such grant is payable, reevaluate any such property when, in his or her 276
judgment, the valuation is inaccurate and shall notify such municipality 277
of such reevaluation. Any municipality aggrieved by the action of said 278
secretary under the provisions of this section may, not later than ten 279
business days following receipt of such notice, appeal to the secretary 280
for a hearing concerning such reevaluation, provided such appeal shall 281
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be in writing and shall include a statement as to the reasons for such 282
appeal. The secretary shall, not later than ten business days following 283
receipt of such appeal, grant or deny such hearing by notification in 284
writing, including in the event of a denial, a statement as to the reasons 285
for such denial. If any municipality is aggrieved by the action of the 286
secretary following such hearing or in denying any such hearing, the 287
municipality may not later than two weeks after such notice, appeal to 288
the superior court for the judicial district in which the municipality is 289
located. Any such appeal shall be privileged. [Said secretary shall certify 290
to the Comptroller the amount due each municipality under the 291
provisions of section 12-18b or under any recomputation occurring prior 292
to September fifteenth which may be effected as the result of the 293
provisions of this section, and the Comptroller shall draw his or her 294
order on the Treasurer on or before the fifth business day following 295
September fifteenth and the Treasurer shall pay the amount thereof to 296
such municipality on or before the thirtieth day of September 297
following.] If any recomputation is [effected] affected as the result of the 298
provisions of this section on or after the January first following the date 299
on which the municipality has provided the assessed valuation in 300
question, any adjustments to the amount due to any municipality for the 301
period for which such adjustments were made shall be made in the next 302
payment the Treasurer shall make to such municipality pursuant to this 303
section. 304
[(b) Notwithstanding the provisions of section 12-18b or subsection 305
(a) of this section, the amount due the municipality of Branford, on or 306
before the thirtieth day of September, annually, with respect to the 307
Connecticut Hospice, in Branford, shall be one hundred thousand 308
dollars, which amount shall be paid from the municipal revenue sharing 309
account established pursuant to section 4-66l, for reimbursement to 310
towns for loss of taxes on private tax-exempt property. 311
(c) Notwithstanding the provisions of section 12-18b or subsection (a) 312
of this section, the amount due the city of New London, on or before the 313
thirtieth day of September, annually, with respect to the United States 314
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Coast Guard Academy in New London, shall be one million dollars, 315
which amount shall be paid from the municipal revenue sharing 316
account established pursuant to section 4-66l, for reimbursement to 317
towns for loss of taxes on private tax-exempt property.] 318
Sec. 12. Section 3-55i of the general statutes is repealed and the 319
following is substituted in lieu thereof (Effective July 1, 2023): 320
There is established the "Mashantucket Pequot and Mohegan Fund" 321
which shall be a separate nonlapsing fund. All funds received by the 322
state of Connecticut from the Mashantucket Pequot Tribe pursuant to 323
the joint memorandum of understanding entered into by and between 324
the state and the tribe on January 13, 1993, as amended on April 30, 1993, 325
and any successor thereto, shall be deposited in the General Fund. 326
During the fiscal [year] years ending June 30, 2015, [and each fiscal year 327
thereafter] to June 30, 2023, inclusive, from the funds received by the 328
state from the tribe pursuant to said joint memorandum of 329
understanding, as amended, and any successor thereto, an amount 330
equal to the appropriation to the Mashantucket Pequot and Mohegan 331
Fund for Grants to Towns shall be transferred to the Mashantucket 332
Pequot and Mohegan Fund and shall be distributed by the Office of 333
Policy and Management, during said fiscal year, in accordance with the 334
provisions of section 3-55j. For the fiscal year ending June 30, 2024, and 335
each fiscal year thereafter, from the funds received by the state from the 336
tribe pursuant to said joint memorandum of understanding, as 337
amended, and any successor thereto, an amount equal to the 338
appropriation to the Municipal Revenue Sharing Fund, for 339
Mashantucket Pequot and Mohegan Grants, shall be transferred to the 340
Municipal Revenue Sharing Fund and shall be distributed by the Office 341
of Policy and Management during each fiscal year, in accordance with 342
the provisions of section 4-66p, as amended by this act. The amount of 343
the grant payable to each municipality during any fiscal year, in 344
accordance with said section, shall be reduced proportionately if the 345
total of such grants exceeds the amount of funds available for such year. 346
The grant shall be paid in three installments as follows: The Secretary of 347
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the Office of Policy and Management shall, annually, not later than the 348
fifteenth day of December, the fifteenth day of March and the fifteenth 349
day of June certify to the Comptroller the amount due each municipality 350
under the provisions of section [3-55j] 4-66p, as amended by this act, and 351
the Comptroller shall draw an order on the Treasurer on or before the 352
fifth business day following the fifteenth day of December, the fifth 353
business day following the fifteenth day of March and the fifth business 354
day following the fifteenth day of June and the Treasurer shall pay the 355
amount thereof to such municipality on or before the first day of 356
January, the first day of April and the thirtieth day of June. 357
Sec. 13. Subsection (b) of section 4-66l of the general statutes is 358
repealed and the following is substituted in lieu thereof (Effective July 1, 359
2023): 360
(b) There is established an account to be known as the "municipal 361
revenue sharing account" which shall be a separate, nonlapsing account 362
within the General Fund. The account shall contain any moneys 363
required by law to be deposited in the account. The secretary shall set 364
aside and ensure availability of moneys in the account in the following 365
order of priority and shall transfer or disburse such moneys as follows: 366
(1) For the fiscal [year] years ending June 30, 2022, [and each fiscal 367
year thereafter] and June 30, 2023, moneys sufficient to make motor 368
vehicle property tax grants payable to municipalities pursuant to 369
subsection (c) of this section shall be expended not later than August 370
first annually by the secretary; 371
(2) For the fiscal [year] years ending June 30, 2022, [and each fiscal 372
year thereafter] and June 30, 2023, moneys sufficient to make the grants 373
payable pursuant to subsection (d) of section 12-18b, subdivisions (1) 374
and (3) of subsection (e) of section 12-18b, subsection (b) of section 12-375
19b, as amended by this act, and subsections (b) and (c) of section 12-376
20b, as amended by this act, shall be expended by the secretary; and 377
(3) For the fiscal [year] years ending June 30, 2022, [and each fiscal 378
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year thereafter] and June 30, 2023, moneys in the account remaining 379
shall be expended annually by the secretary for the purposes of the 380
municipal revenue sharing grants established pursuant to subsection (d) 381
of this section. Any such moneys deposited in the account for municipal 382
revenue sharing grants, including moneys accrued to the account 383
during each fiscal year but received after the end of such fiscal year, shall 384
be distributed to municipalities not later than October first following the 385
end of each fiscal year. Any municipality may apply to the Office of 386
Policy and Management on or after July first for early disbursement of 387
a portion of such grant. The Office of Policy and Management may 388
approve such an application if it finds that early disbursement is 389
required in order for a municipality to meet its cash flow needs. No early 390
disbursement approved by said office may be issued later than 391
September thirtieth. 392
Sec. 14. Subsection (g) of section 4-66l of the general statutes is 393
repealed and the following is substituted in lieu thereof (Effective July 1, 394
2023): 395
(g) For the fiscal [year] years ending June 30, 2020, [and each fiscal 396
year thereafter] to June 30, 2023, inclusive, the amount of the grant 397
payable to a municipality in any year in accordance with subsection (d) 398
of this section shall be reduced proportionately in the event that the total 399
of such grants in such year exceeds the amount available for such grants 400
in the municipal revenue sharing account established pursuant to 401
subsection (b) of this section. 402
Sec. 15. Subsection (d) of section 1-1t of the general statutes is 403
repealed and the following is substituted in lieu thereof (Effective from 404
passage): 405
(d) Notwithstanding any provision of the general statutes or public 406
or special act, but subject to the provisions of chapter 15, any 407
requirement that an agency or quasi-public agency insert an 408
advertisement of a [legal] notice in a newspaper shall [include] be 409
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construed to permit the posting of such notice on the agency's or quasi-410
public agency's Internet web site [or other electronic portal of the 411
agency] which is available to the general public in lieu of publication in 412
a newspaper, provided such notice (1) is posted on such Internet web 413
site by the earliest deadline prescribed by the applicable statute, public 414
or special act or provision of the regulations of Connecticut state 415
agencies for publishing such notice in a newspaper, and (2) remains 416
visible on such Internet web site until completion of the action, meeting 417
or proceeding for which such notice is provided, and in the case of a 418
notice of decision, for the duration of the applicable appeal period. 419
Sec. 16. Section 1-2 of the general statutes is repealed and the 420
following is substituted in lieu thereof (Effective from passage): 421
(a) Each provision of the general statutes, the special acts or the 422
charter of any town, city or borough which requires the insertion of an 423
advertisement of a [legal] notice in a daily newspaper shall be construed 424
to permit such advertisement to be inserted in a weekly newspaper or, 425
if such provision applies to (1) a state agency or quasi-public agency, on 426
the Internet web site of such state agency or quasi-public agency in 427
accordance with subsection (d) of section 1-1t, as amended by this act, 428
or (2) a town, city or borough, on the Internet web site of such town, city 429
or borough in accordance with subsection (b) of this section; but this 430
[section] subsection shall not be construed to reduce or otherwise affect 431
the time required by law for giving such notice. Whenever notice of any 432
action or other proceeding is required to be given by publication in a 433
newspaper, either by statute or order of court and for which publication 434
on an Internet web site is not authorized under this section or section 1-435
1t, as amended by this act, the newspaper selected for that purpose, 436
unless otherwise expressly prescribed, shall be one having a substantial 437
circulation in the town in which at least one of the parties, for whose 438
benefit such notice is given, resides. 439
(b) Notwithstanding any provision of the general statutes, a public or 440
special act or a municipal charter or ordinance, but subject to the 441
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provisions of chapter 15, a town, city or borough may publish a notice 442
described in subsection (a) of this section on the Internet web site of the 443
town, city or borough which is available to the general public, provided 444
such notice (1) is posted on such Internet web site by the earliest 445
deadline prescribed by the applicable statute, public or special act, 446
municipal charter or ordinance or provision of the regulations of 447
Connecticut state agencies for publishing such notice in a newspaper, 448
and (2) remains visible on such Internet web site until completion of the 449
action, meeting or proceeding for which such notice is provided, and in 450
the case of a notice of decision, for the duration of the applicable appeal 451
period. 452
Sec. 17. Subsections (c) and (d) of section 21a-420f of the general 453
statutes are repealed and the following is substituted in lieu thereof 454
(Effective July 1, 2023): 455
(c) (1) On and after July 1, 2022, there is established a fund to be 456
known as the ["Social Equity and Innovation Fund" which shall be a 457
separate, nonlapsing fund] "Cannabis Social Equity and Innovation 458
Fund". The fund shall contain any moneys required by law to be 459
deposited in the fund and shall be held by the Treasurer separate and 460
apart from all other moneys, funds and accounts. Amounts in the fund 461
may be expended only pursuant to appropriation by the General 462
Assembly. Any balance remaining in the fund at the end of any fiscal 463
year shall be carried forward in the fund for the fiscal year next 464
succeeding. Moneys in the fund shall be appropriated for the purposes 465
of providing the following: Access to capital for businesses; technical 466
assistance for the start-up and operation of a business; funding for 467
workforce education; funding for community investments; and paying 468
costs incurred to implement the activities authorized under RERACA. 469
All such appropriations shall be dedicated to expenditures that further 470
the principles of equity, as defined in section 21a-420. 471
(2) [(A)] For the purposes of subdivision (1) of this subsection, for the 472
fiscal year ending June 30, 2023, and for each fiscal year thereafter, the 473
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Social Equity Council shall transmit, for even-numbered years, 474
estimates of expenditure requirements and for odd-numbered years, 475
recommended adjustments and revisions, if any, of such estimates, to 476
the Secretary of the Office of Policy and Management, in the manner 477
prescribed for a budgeted agency under subsection (a) of section 4-77. 478
[The council shall recommend for each fiscal year commencing with the 479
fiscal year ending June 30, 2023, appropriate funding for all credits 480
payable to angel investors that invest in cannabis businesses pursuant 481
to section 12-704d.] 482
[(B) The Office of Policy and Management may not make adjustments 483
to any such estimates or adjustments and revisions of such estimates 484
transmitted by the council. Notwithstanding any provision of the 485
general statutes or any special act, the Governor shall not reduce the 486
allotment requisitions or allotments in force pursuant to section 4-85 or 487
make reductions in allotments in order to achieve budget savings in the 488
General Fund, concerning any appropriations made by the General 489
Assembly for the purposes of subdivision (1) of this subsection.] 490
(d) On and after July 1, 2022, there is established a fund to be known 491
as the ["Prevention and Recovery Services Fund" which shall be a 492
separate, nonlapsing fund] "Cannabis Prevention and Recovery Services 493
Fund". The fund shall contain any moneys required by law to be 494
deposited in the fund and shall be held by the Treasurer separate and 495
apart from all other moneys, funds and accounts. Amounts in the fund 496
may be expended only pursuant to appropriation by the General 497
Assembly. Any balance remaining in the fund at the end of any fiscal 498
year shall be carried forward in the fund for the fiscal year next 499
succeeding. Moneys in the fund shall be appropriated for the purposes 500
of (1) substance abuse prevention, treatment and recovery services, and 501
(2) collection and analysis of data regarding substance use. [The Social 502
Equity Council may make recommendations to any relevant state 503
agency regarding expenditures to be made for the purposes set forth in 504
this subsection.] 505
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Sec. 18. Subsection (i) of section 12-330ll of the general statutes is 506
repealed and the following is substituted in lieu thereof (Effective July 1, 507
2023): 508
(i) The tax received by the state under this section shall be deposited 509
as follows: 510
(1) For the fiscal years ending June 30, 2022, and June 30, 2023, in the 511
cannabis regulatory and investment account established under section 512
21a-420f, as amended by this act; 513
(2) For the fiscal years ending June 30, 2024, June 30, 2025, and June 514
30, 2026, sixty per cent of such tax received in the Cannabis Social Equity 515
and Innovation Fund established under section 21a-420f, as amended by 516
this act, twenty-five per cent of such tax received in the Cannabis 517
Prevention and Recovery Services Fund established under section 21a-518
420f, as amended by this act, and fifteen per cent in the General Fund; 519
(3) For the fiscal years ending June 30, 2027, and June 30, 2028, sixty-520
five per cent of such tax received in the Cannabis Social Equity and 521
Innovation Fund established under section 21a-420f, as amended by this 522
act, twenty-five per cent of such tax received in the Cannabis Prevention 523
and Recovery Services Fund and ten per cent in the General Fund; and 524
(4) For the fiscal year ending June 30, 2029, and each fiscal year 525
thereafter, seventy-five per cent of such tax received in the Cannabis 526
Social Equity and Innovation Fund established under section 21a-420f, 527
as amended by this act, and twenty-five per cent of such tax received in 528
the Cannabis Prevention and Recovery Services Fund established under 529
section 21a-420f, as amended by this act. 530
Sec. 19. Subsection (e) of section 21a-420e of the general statutes is 531
repealed and the following is substituted in lieu thereof (Effective July 1, 532
2023): 533
(e) For the fiscal year ending June 30, 2023, and thereafter, fees 534
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collected by the department under this section shall be paid to the State 535
Treasurer and credited to the General Fund, except that the fees 536
collected under subdivisions (12) and (13) of subsection (c) of this 537
section shall be deposited in the Cannabis Social Equity and Innovation 538
Fund established under section 21a-420f, as amended by this act. 539
Sec. 20. Subsection (a) of section 21a-420o of the general statutes is 540
repealed and the following is substituted in lieu thereof (Effective July 1, 541
2023): 542
(a) Thirty days after the Social Equity Council posts the criteria for 543
social equity applicants on its Internet web site, the department shall 544
open up a three-month application period for cultivators during which 545
a social equity applicant may apply to the department for a provisional 546
cultivator license and final license for a cultivation facility located in a 547
disproportionately impacted area without participating in a lottery or 548
request for proposals. Such application for a provisional license shall be 549
granted upon (1) verification by the Social Equity Council that the 550
applicant meets the criteria for a social equity applicant; (2) the applicant 551
submitting to and passing a criminal background check; and (3) 552
payment of a three-million-dollar fee to be deposited in the Cannabis 553
Social Equity and Innovation Fund established in section 21a-420f, as 554
amended by this act. Upon granting such provisional license, the 555
department shall notify the applicant of the project labor agreement 556
requirements of section 21a-421e. 557
Sec. 21. Section 4-72 of the general statutes is repealed and the 558
following is substituted in lieu thereof (Effective from passage): 559
(a) The budget document shall consist of the Governor's budget 560
message in which he or she shall set forth as follows: (1) The Governor's 561
program for meeting all the expenditure needs of the government for 562
each fiscal year of the biennium to which the budget relates, indicating 563
the classes of funds, general or special, from which such appropriations 564
are to be made and the means through which such expenditure shall be 565
Governor's Bill No. 6660
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financed; and (2) financial statements giving in summary form: (A) The 566
financial position of all major state operating funds, including revolving 567
funds at the end of the last-completed fiscal year in a form consistent 568
with accepted accounting practice. The Governor shall also set forth in 569
similar form the estimated position of each such fund at the end of the 570
year in progress and the estimated position of each such fund at the end 571
of each fiscal year of the biennium to which the budget relates if the 572
Governor's proposals are put into effect; (B) a statement showing as of 573
the close of the last-completed fiscal year, a year by year summary of all 574
outstanding general obligation and special tax obligation debt of the 575
state and a statement showing the yearly interest requirements on such 576
outstanding debt; (C) a summary of appropriations recommended for 577
each fiscal year of the biennium to which the budget relates for each 578
budgeted agency and for the state as a whole in comparison with actual 579
expenditures of the last-completed fiscal year and appropriations and 580
estimated expenditures for the year in progress; (D) for the biennium 581
commencing July 1, 1999, and each biennium thereafter, a summary of 582
estimated expenditures for certain fringe benefits for each fiscal year of 583
the biennium to which the budget relates for each budgeted agency; (E) 584
[a summary of permanent full-time positions setting forth the number 585
filled and the number vacant as of the end of the last-completed fiscal 586
year, the total number intended to be funded by appropriations without 587
reduction for turnover for the fiscal year in progress, the total number 588
requested and the total number recommended for each fiscal year of the 589
biennium to which the budget relates; (F)] a statement of expenditures 590
for the last-completed and current fiscal years, the agency request and 591
the Governor's recommendation for each fiscal year of the ensuing 592
biennium and, for any new or expanded program, estimated 593
expenditure requirements for the fiscal year next succeeding the 594
biennium to which the budget relates; [(G)] (F) an explanation of any 595
significant program changes requested by the agency or recommended 596
by the Governor; [(H)] (G) a summary of the revenue estimated to be 597
received by the state during each fiscal year of the biennium to which 598
the budget relates classified according to sources in comparison with the 599
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actual revenue received by the state during the last-completed fiscal 600
year and estimated revenue during the year in progress; and [(I)] (H) 601
such other financial statements, data and comments as in the Governor's 602
opinion are necessary or desirable in order to make known in all 603
practicable detail the financial condition and operations of the 604
government and the effect that the budget as proposed by the Governor 605
will have on such condition and operations. 606
(b) If the estimated revenue of the state for the ensuing biennium as 607
set forth in the budget on the basis of existing statutes is less than the 608
sum of net appropriations recommended for the ensuing biennium as 609
contained in the budget, plus, for the fiscal year ending June 30, 2014, 610
and each fiscal year thereafter, the projected amount necessary to 611
extinguish any unreserved negative balance in such fund as reported in 612
the most recently audited comprehensive annual financial report issued 613
by the Comptroller prior to the start of the biennium, the Governor shall 614
make recommendations to the General Assembly in respect to the 615
manner in which such deficit shall be met, whether by an increase in the 616
indebtedness of the state, by the imposition of new taxes, by increased 617
rates on existing taxes or otherwise. If the aggregate of such estimated 618
revenue is greater than the sum of such recommended appropriations 619
for the ensuing biennium plus, for the fiscal year ending June 30, 2014, 620
and each fiscal year thereafter, the projected amount necessary to 621
extinguish any unreserved negative balance in such fund as reported in 622
the most recently issued annual report of the Comptroller published in 623
accordance with section 3-115, the Governor shall make such 624
recommendations for the use of such surplus for the reduction of 625
indebtedness, for the reduction in taxation or for other purposes as in 626
the Governor's opinion are in the best interest of the public welfare. 627
Sec. 22. Section 4-73 of the general statutes is repealed and the 628
following is substituted in lieu thereof (Effective from passage): 629
(a) The budget document shall present in detail for each fiscal year of 630
the ensuing biennium the Governor's recommendation for 631
Governor's Bill No. 6660
LCO No. 4030 26 of 165
appropriations to meet the expenditure needs of the state from the 632
General Fund and from all special and agency funds classified by 633
budgeted agencies and showing for each budgeted agency and its 634
subdivisions [: (1) A] a narrative summary describing the agency, the 635
Governor's recommendations for appropriations for the agency, and a 636
list of agency programs, the actual expenditure for the last-completed 637
fiscal year, the estimated expenditure for the current fiscal year, the 638
amount requested by the agency and the Governor's recommendations 639
for appropriations for each fiscal year of the ensuing biennium. [; (2) a 640
summary of permanent full-time positions by fund, setting forth the 641
number filled and the number vacant as of the end of the last-completed 642
fiscal year, the total number intended to be funded by appropriations 643
without reduction for turnover for the fiscal year in progress, the total 644
number requested and the total number recommended for each fiscal 645
year of the biennium to which the budget relates.] 646
[(b) In addition, programs shall be supported by: (1) The statutory 647
authorization for the program; (2) a statement of program objectives; (3) 648
a description of the program, including a statement of need, eligibility 649
requirements and any intergovernmental participation in the program; 650
(4) a statement of performance measures by which the accomplishments 651
toward the program objectives can be assessed, which shall include, but 652
not be limited to, an analysis of the workload, quality or level of service 653
and effectiveness of the program; (5) program budget data broken down 654
by major object of expenditure, showing additional federal and private 655
funds; (6) a summary of permanent full-time positions by fund, setting 656
forth the number filled and the number vacant as of the end of the last-657
completed fiscal year, the total number intended to be funded by 658
appropriations without reduction for turnover for the fiscal year in 659
progress, the total number requested and the total number 660
recommended for each fiscal year of the biennium to which the budget 661
relates; (7) a statement of expenditures for the last-completed and 662
current fiscal years, the agency request and the Governor's 663
recommendation for each fiscal year of the ensuing biennium and, for 664
Governor's Bill No. 6660
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any new or expanded program, estimated expenditure requirements for 665
the fiscal year next succeeding the biennium to which the budget relates; 666
and (8) an explanation of any significant program changes requested by 667
the agency or recommended by the Governor.] 668
[(c)] (b) [There shall be a supporting schedule of total agency 669
expenditures including a line-item, minor object breakdown of] The 670
budget document shall include supporting information on personal 671
services, [energy costs,] contractual services and commodities and a 672
total of state aid grants and equipment, showing the actual expenditures 673
for the last-completed fiscal year, estimated expenditures for the current 674
fiscal year and requested and recommended appropriations for each 675
fiscal year of the ensuing biennium. [, classified by objects according to 676
a standard plan of classification.] 677
[(d)] (c) All federal funds expended or anticipated for any purpose 678
shall be accounted for in the budget. The budget document shall set 679
forth a listing of federal programs, showing the actual expenditures for 680
the last-completed fiscal year, estimated expenditures for the current 681
fiscal year and anticipated funds available for expenditure for each fiscal 682
year of the ensuing biennium. Such federal funds shall be classified by 683
each budgeted agency but shall not include research grants made to 684
educational institutions. 685
[(e)] (d) The budget document shall also set forth the budget 686
recommendations for the capital program, to be supported by 687
statements listing the agency's requests and the Governor's 688
recommendations with the statements required by section 4-78. 689
[(f)] (e) The appropriations recommended for the legislative branch 690
of the state government shall be the estimates of expenditure 691
requirements transmitted to the Secretary of the Office of Policy and 692
Management by the Joint Committee on Legislative Management 693
pursuant to section 4-77 and the recommended adjustments and 694
revisions of such estimates shall be the recommended adjustments and 695
Governor's Bill No. 6660
LCO No. 4030 28 of 165
revisions, if any, transmitted by said committee pursuant to [said] 696
section 4-77. 697
[(g)] (f) (1) The appropriations recommended for the Judicial 698
Department shall be the estimates of expenditure requirements 699
transmitted to the Secretary of the Office of Policy and Management by 700
the Chief Court Administrator pursuant to section 4-77 plus the 701
estimates of expenditure requirements for the biennium transmitted by 702
said administrator pursuant to section 51-47c, and the recommended 703
adjustments and revisions of such estimates shall be the recommended 704
adjustments and revisions, if any, transmitted by said administrator 705
pursuant to section 4-77. 706
(2) The appropriations recommended for the Division of Public 707
Defender Services shall be the estimates of expenditure requirements 708
transmitted to the Secretary of the Office of Policy and Management by 709
the Chief Public Defender pursuant to section 4-77 and the 710
recommended adjustments and revisions of such estimates shall be the 711
recommended adjustments and revisions, if any, transmitted by said 712
administrator pursuant to section 4-77. 713
Sec. 23. Section 4-75 of the general statutes is repealed and the 714
following is substituted in lieu thereof (Effective from passage): 715
The Secretary of the Office of Policy and Management [,] shall 716
compile the requested appropriations, the appropriations as 717
recommended by the Governor, the Governor's budget message and 718
other data as presented in the budget document and shall have such 719
compiled document published and distributed in the same manner as 720
public documents, except the secretary may publish such compiled 721
document on the Internet web site of the Office of Policy and 722
Management in lieu of publishing such document by any other method. 723
Sec. 24. Section 51-47 of the general statutes is repealed and the 724
following is substituted in lieu thereof (Effective July 1, 2023): 725
Governor's Bill No. 6660
LCO No. 4030 29 of 165
(a) The judges of the Superior Court, judges of the Appellate Court 726
and judges of the Supreme Court shall receive annually salaries as 727
follows: 728
[(1) On and after July 1, 2021, (A) the Chief Justice of the Supreme 729
Court, two hundred fifteen thousand nine hundred fifteen dollars; (B) 730
the Chief Court Administrator if a judge of the Supreme Court, 731
Appellate Court or Superior Court, two hundred seven thousand four 732
hundred eighty dollars; (C) each associate judge of the Supreme Court, 733
one hundred ninety-nine thousand seven hundred eighty-one dollars; 734
(D) the Chief Judge of the Appellate Court, one hundred ninety-seven 735
thousand five hundred seventy-one dollars; (E) each judge of the 736
Appellate Court, one hundred eighty-seven thousand six hundred 737
sixty-three dollars; (F) the Deputy Chief Court Administrator if a judge 738
of the Superior Court, one hundred eighty-four thousand two hundred 739
nine dollars; (G) each judge of the Superior Court, one hundred eighty 740
thousand four hundred sixty dollars.] 741
[(2)] (1) On and after July 1, 2022, (A) the Chief Justice of the Supreme 742
Court, two hundred twenty-six thousand seven hundred eleven dollars; 743
(B) the Chief Court Administrator if a judge of the Supreme Court, 744
Appellate Court or Superior Court, two hundred seventeen thousand 745
eight hundred fifty-four dollars; (C) each associate judge of the Supreme 746
Court, two hundred nine thousand seven hundred seventy dollars; (D) 747
the Chief Judge of the Appellate Court, two hundred seven thousand 748
four hundred fifty dollars; (E) each judge of the Appellate Court, one 749
hundred ninety-seven thousand forty-six dollars; (F) the Deputy Chief 750
Court Administrator if a judge of the Superior Court, one hundred 751
ninety-three thousand four hundred twenty dollars; and (G) each judge 752
of the Superior Court, one hundred eighty-nine thousand four hundred 753
eighty-three dollars. 754
(2) On and after July 1, 2023, (A) the Chief Justice of the Supreme 755
Court, two hundred thirty-nine thousand one hundred eighty dollars; 756
(B) the Chief Court Administrator if a judge of the Supreme Court, 757
Governor's Bill No. 6660
LCO No. 4030 30 of 165
Appellate Court or Superior Court, two hundred twenty-nine thousand 758
eight hundred thirty-six dollars; (C) each associate judge of the Supreme 759
Court, two hundred twenty-one thousand three hundred seven dollars; 760
(D) the Chief Judge of the Appellate Court, two hundred eighteen 761
thousand eight hundred sixty dollars; (E) each judge of the Appellate 762
Court, two hundred seven thousand eight hundred eighty-four dollars; 763
(F) the Deputy Chief Court Administrator if a judge of the Superior 764
Court, two hundred four thousand fifty-eight dollars; and (G) each 765
judge of the Superior Court, one hundred ninety-nine thousand nine 766
hundred five dollars. 767
(3) On and after July 1, 2024, (A) the Chief Justice of the Supreme 768
Court, two hundred forty-eight thousand seven hundred forty-seven 769
dollars; (B) the Chief Court Administrator if a judge of the Supreme 770
Court, Appellate Court or Superior Court, two hundred thirty-nine 771
thousand twenty-nine dollars; (C) each associate judge of the Supreme 772
Court, two hundred thirty thousand one hundred fifty-nine dollars; (D) 773
the Chief Judge of the Appellate Court, two hundred twenty-seven 774
thousand six hundred fourteen dollars; (E) each judge of the Appellate 775
Court, two hundred sixteen thousand one hundred ninety-nine dollars; 776
(F) the Deputy Chief Court Administrator if a judge of the Superior 777
Court, two hundred twelve thousand two hundred twenty dollars; and 778
(G) each judge of the Superior Court, two hundred seven thousand nine 779
hundred one dollars. 780
[(b) (1) In addition to the salary such judge is entitled to receive under 781
subsection (a) of this section, on and after July 1, 2021, a judge 782
designated as the administrative judge of the appellate system shall 783
receive one thousand two hundred thirty dollars in additional 784
compensation, each Superior Court judge de signated as the 785
administrative judge of a judicial district shall receive one thousand two 786
hundred thirty dollars in additional compensation and each Superior 787
Court judge designated as the chief administrative judge for facilities, 788
administrative appeals, judicial marshal service or judge trial referees or 789
for the Family, Juvenile, Criminal or Civil Division of the Superior Court 790
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shall receive one thousand two hundred thirty dollars in additional 791
compensation.] 792
[(2)] (b) (1) In addition to the salary such judge is entitled to receive 793
under subsection (a) of this section, on and after July 1, 2022, a judge 794
designated as the administrative judge of the appellate system shall 795
receive one thousand two hundred ninety-two dollars in additional 796
compensation, each Superior Court judge designated as the 797
administrative judge of a judicial district shall receive one thousand two 798
hundred ninety-two dollars in additional compensation and each 799
Superior Court judge designated as the chief administrative judge for 800
facilities, administrative appeals, judicial marshal service or judge trial 801
referees or for the Family, Juvenile, Criminal or Civil Division of the 802
Superior Court shall receive one thousand two hundred ninety-two 803
dollars in additional compensation. 804
(2) In addition to the salary such judge is entitled to receive under 805
subsection (a) of this section, on and after July 1, 2023, a judge 806
designated as the administrative judge of the appellate system shall 807
receive one thousand three hundred sixty-three dollars in additional 808
compensation, each Superior Court judge designated as the 809
administrative judge of a judicial district shall receive one thousand 810
three hundred sixty-three dollars in additional compensation and each 811
Superior Court judge designated as the chief administrative judge for 812
facilities, administrative appeals, judicial marshal service or judge trial 813
referees or for the Family, Juvenile, Criminal or Civil Division of the 814
Superior Court shall receive one thousand three hundred sixty-three 815
dollars in additional compensation. 816
(3) In addition to the salary such judge is entitled to receive under 817
subsection (a) of this section, on and after July 1, 2024, a judge 818
designated as the administrative judge of the appellate system shall 819
receive one thousand four hundred eighteen dollars in additional 820
compensation, each Superior Court judge designated as the 821
administrative judge of a judicial district shall receive one thousand four 822
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LCO No. 4030 32 of 165
hundred eighteen dollars in additional compensation and each Superior 823
Court judge designated as the chief administrative judge for facilities, 824
administrative appeals, judicial marshal service or judge trial referees or 825
for the Family, Juvenile, Criminal or Civil Division of the Superior Court 826
shall receive one thousand four hundred eighteen dollars in additional 827
compensation. 828
(c) Each such judge shall be an elector and a resident of this state, 829
shall be a member of the bar of the state of Connecticut and shall not 830
engage in private practice, nor on or after July 1, 1985, be a member of 831
any board of directors or of any advisory board of any state bank and 832
trust company, state bank or savings and loan association, national 833
banking association or federal savings bank or savings and loan 834
association. Nothing in this subsection shall preclude a senior judge 835
from participating in any alternative dispute resolution program 836
approved by STA-FED ADR, Inc. 837
(d) Each such judge, excluding any senior judge, who has completed 838
not less than ten years of service as a judge of either the Supreme Court, 839
the Appellate Court, or the Superior Court, or of any combination of 840
such courts, or of the Court of Common Pleas, the Juvenile Court or the 841
Circuit Court, or other state service or service as an elected officer of the 842
state, or any combination of such service, shall receive semiannual 843
longevity payments based on service as a judge of any or all of such six 844
courts, or other state service or service as an elected officer of the state, 845
or any combination of such service, completed as of the first day of July 846
and the first day of January of each year, as follows: 847
(1) A judge who has completed ten or more years but less than fifteen 848
years of service shall receive one-quarter of three per cent of the annual 849
salary payable under subsection (a) of this section. 850
(2) A judge who has completed fifteen or more years but less than 851
twenty years of service shall receive one-half of three per cent of the 852
annual salary payable under subsection (a) of this section. 853
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(3) A judge who has completed twenty or more years but less than 854
twenty-five years of service shall receive three-quarters of three per cent 855
of the annual salary payable under subsection (a) of this section. 856
(4) A judge who has completed twenty-five or more years of service 857
shall receive three per cent of the annual salary payable under 858
subsection (a) of this section. 859
Sec. 25. Subsection (f) of section 52-434 of the general statutes is 860
repealed and the following is substituted in lieu thereof (Effective July 1, 861
2023): 862
(f) Each judge trial referee shall receive, for acting as a referee or as a 863
single auditor or committee of any court or for performing duties 864
assigned by the Chief Court Administrator with the approval of the 865
Chief Justice, for each day the judge trial referee is so engaged, in 866
addition to the retirement salary: (1) (A) [on and after July 1, 2021, the 867
sum of two hundred seventy-one dollars, and (B)] on and after July 1, 868
2022, the sum of two hundred eighty-five dollars, (B) on and after July 869
1, 2023, the sum of three hundred one dollars, and (C) on and after July 870
1, 2024, the sum of three hundred thirteen dollars; and (2) expenses, 871
including mileage. Such amounts shall be taxed by the court making the 872
reference in the same manner as other court expenses. 873
Sec. 26. Subsection (h) of section 46b-231 of the general statutes is 874
repealed and the following is substituted in lieu thereof (Effective July 1, 875
2023): 876
[(h) (1) On and after July 1, 2021, the Chief Family Support Magistrate 877
shall receive a salary of one hundred fifty-seven thousand seventy-eight 878
dollars, and other family support magistrates shall receive an annual 879
salary of one hundred forty-nine thousand four hundred ninety-eight 880
dollars.] 881
[(2)] (h) (1) On and after July 1, 2022, the Chief Family Support 882
Magistrate shall receive a salary of one hundred sixty-four thousand 883
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nine hundred thirty-two dollars, and other family support magistrates 884
shall receive an annual salary of one hundred fifty-six thousand nine 885
hundred seventy-three dollars. 886
(2) On and after July 1, 2023, the Chief Family Support Magistrate 887
shall receive a salary of one hundred seventy-four thousand three 888
dollars, and other family support magistrates shall receive an annual 889
salary of one hundred sixty-five thousand six hundred seven dollars. 890
(3) On and after July 1, 2024, the Chief Family Support Magistrate 891
shall receive a salary of one hundred eighty thousand nine hundred 892
sixty-three dollars, and other family support magistrates shall receive 893
an annual salary of one hundred seventy-two thousand two hundred 894
thirty-one dollars. 895
Sec. 27. Subsection (b) of section 46b-236 of the general statutes is 896
repealed and the following is substituted in lieu thereof (Effective July 1, 897
2023): 898
[(b) (1) On and after July 1, 2021, each family support referee shall 899
receive, for acting as a family support referee, in addition to the 900
retirement salary, the sum of two hundred thirty-three dollars and 901
expenses, including mileage, for each day a family support referee is so 902
engaged.] 903
[(2)] (b) (1) On and after July 1, 2022, each family support referee shall 904
receive, for acting as a family support referee, in addition to the 905
retirement salary, the sum of two hundred forty-five dollars and 906
expenses, including mileage, for each day a family support referee is so 907
engaged. 908
(2) On and after July 1, 2023, each family support referee shall receive, 909
for acting as a family support referee, in addition to the retirement 910
salary, the sum of two hundred fifty-eight dollars and expenses, 911
including mileage, for each day a family support referee is so engaged. 912
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(3) On and after July 1, 2024, each family support referee shall receive, 913
for acting as a family support referee, in addition to the retirement 914
salary, the sum of two hundred sixty-eight dollars and expenses, 915
including mileage, for each day a family support referee is so engaged. 916
Sec. 28. Section 10-287c of the general statutes is repealed and the 917
following is substituted in lieu thereof (Effective July 1, 2023): 918
(a) The [State Board of Education] Commissioner of Administrative 919
Services is authorized to prescribe such rules and regulations as may be 920
necessary to implement the provisions of this chapter, provided any 921
rules or regulations to implement the provisions of sections 10-283, as 922
amended by this act, 10-287, 10-287a, 10-292d and subsection (d) of 923
section 10-292m shall be prescribed in consultation with the Secretary of 924
the Office of Policy and Management. Whenever the Commissioner of 925
Education has made a commitment for a grant on or before June 30, 926
2011, prior to the completion of a project as provided in section 10-287a, 927
and said commissioner has made advances thereon as provided in said 928
section, any such regulations prescribed in accordance with this section 929
which were in effect at the time of such commitment and advances shall 930
be applicable to any additional commitment and subsequent advances 931
with respect to such project. 932
(b) Not later than June 30, 2013, the Commissioner of Administrative 933
Services, in consultation with the Commissioner of Education, shall 934
adopt regulations in accordance with the provisions of chapter 54 in 935
order to implement the provisions of this chapter. Such regulations shall 936
apply to any project for which a grant application is filed with the 937
Department of Education on or after July 1, 2013. 938
(c) (1) Not later than June 30, 2024, the Commissioner of 939
Administrative Services, in consultation with the Commissioner of 940
Education, shall adopt regulations in accordance with the provisions of 941
chapter 54 to establish (A) the maximum allowable cost per square foot 942
for the construction of any school building project, and (B) that any costs 943
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that exceed the maximum allowable cost per square foot shall be 944
deemed ineligible costs. 945
(2) Notwithstanding the provisions of sections 4-168 to 4-172, 946
inclusive, in order to effectuate the provisions of this subsection, prior 947
to adopting such regulations and not later than October 1, 2023, the 948
commissioner shall issue policies and procedures to implement the 949
provisions of this subsection that shall have the force and effect of law. 950
The commissioner shall post all policies and procedures on the 951
department's Internet web site and submit such policies and procedures 952
to the Secretary of the State for posting on the eRegulations System at 953
least fifteen days prior to the effective date of any policy or procedure. 954
Any such policy or procedure shall no longer be effective upon the 955
earlier of either the adoption of the policy or procedure as a final 956
regulation under section 4-172 or July 1, 2025, if such regulations have 957
not been submitted to the legislative regulation review committee for 958
consideration under section 4-170. 959
Sec. 29. Subdivision (2) of subsection (a) of section 10-283 of the 960
general statutes is repealed and the following is substituted in lieu 961
thereof (Effective July 1, 2023): 962
(2) (A) The Commissioner of Administrative Services shall assign 963
each school building project to a category on the basis of whether such 964
project is primarily required to: [(A)] (i) Create new facilities or alter 965
existing facilities to provide for mandatory instructional programs 966
pursuant to this chapter, for physical education facilities in compliance 967
with Title IX of the Elementary and Secondary Education Act of 1972 968
where such programs or such compliance cannot be provided within 969
existing facilities or for the correction of code violations which cannot 970
be reasonably addressed within existing program space; [(B)] (ii) create 971
new facilities or alter existing facilities to enhance mandatory 972
instructional programs pursuant to this chapter or provide comparable 973
facilities among schools to all students at the same grade level or levels 974
within the school district unless such project is otherwise explicitly 975
Governor's Bill No. 6660
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included in another category pursuant to this section; and [(C)] (iii) 976
create new facilities or alter existing facilities to provide supportive 977
services, provided in no event shall such supportive services include 978
swimming pools, auditoriums, outdoor athletic facilities, tennis courts, 979
elementary school playgrounds, site improvement or garages or 980
storage, parking or general recreation areas. 981
(B) All applications submitted prior to July first shall be reviewed 982
promptly by the Commissioner of Administrative Services. The 983
Commissioner of Administrative Services shall estimate the amount of 984
the grant for which such project is eligible, in accordance with the 985
provisions of section 10-285a, provided an application for a school 986
building project determined by the Commissioner of Education to be a 987
project that will assist the state in meeting its obligations pursuant to the 988
decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation 989
or order in effect, as determined by the Commissioner of Education, 990
shall have until September first to submit an application for such a 991
project and may have until December first of the same year to secure 992
and report all local and state approvals required to complete the grant 993
application. 994
(C) The Commissioner of Administrative Services shall annually 995
prepare a listing of all such eligible school building projects listed by 996
category together with the amount of the estimated grants for such 997
projects and shall submit the same to [the Governor,] the Secretary of 998
the Office of Policy and Management [and the General Assembly] on or 999
before the [fifteenth] first day of December. [, except as provided in 1000
section 10-283a, with a request for authorization to enter into grant 1001
commitments. On or before December thirty-first annually, the 1002
Secretary of the Office of Policy and Management may submit 1003
comments and recommendations regarding each eligible project on 1004
such listing of eligible school building projects to the school construction 1005
committee, established pursuant to section 10-283a.] 1006
(D) The Secretary of the Office of Policy and Management shall 1007
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LCO No. 4030 38 of 165
review the listing of eligible school building projects to determine 1008
whether the total costs of all eligible projects can be accommodated by 1009
the state's projected debt service expenditures, as estimated by the 1010
Office of Policy and Management. Notwithstanding any provision of the 1011
general statutes, the secretary may modify the listing based upon such 1012
review and shall return the modified listing to the Commissioner of 1013
Administrative Services before the fifteenth day of December. 1014
(E) The Commissioner of Administrative Services shall submit such 1015
listing to the Governor and the General Assembly on or before the 1016
thirty-first day of December with a request for authorization to enter 1017
into grant commitments. 1018
(F) Each such listing submitted pursuant to subparagraph (E) of this 1019
subdivision shall include a report on the following factors for each 1020
eligible project: (i) An enrollment projection and the capacity of the 1021
school, (ii) a substantiation of the estimated total project costs, (iii) the 1022
readiness of such eligible project to begin construction, (iv) efforts made 1023
by the local or regional board of education to redistrict, reconfigure, 1024
merge or close schools under the jurisdiction of such board prior to 1025
submitting an application under this section, (v) enrollment and 1026
capacity information for all of the schools under the jurisdiction of such 1027
board for the five years prior to application for a school building project 1028
grant, (vi) enrollment projections and capacity information for all of the 1029
schools under the jurisdiction of such board for the eight years following 1030
the date such application is submitted, [and] (vii) the state's education 1031
priorities relating to reducing racial and economic isolation for the 1032
school district, and (viii) the estimated debt service costs associated with 1033
such school building project. On and after July 1, 2022, each such listing 1034
shall include an addendum that contains all grants approved pursuant 1035
to subsection (b) of this section during the prior fiscal year. 1036
(G) For the period beginning July 1, 2006, and ending June 30, 2012, 1037
no project, other than a project for a technical education and career 1038
school, may appear on the separate schedule of authorized projects 1039
Governor's Bill No. 6660
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which have changed in cost more than twice. On and after July 1, 2012, 1040
no project, other than a project for a technical education and career 1041
school, may appear on the separate schedule of authorized projects 1042
which have changed in cost more than once, except the Commissioner 1043
of Administrative Services may allow a project to appear on such 1044
separate schedule of authorized projects a second time if the town or 1045
regional school district for such project can demonstrate that exigent 1046
circumstances require such project to appear a second time on such 1047
separate schedule of authorized projects. Notwithstanding any 1048
provision of this chapter, no projects which have changed in scope or 1049
cost to the degree determined by the Commissioner of Administrative 1050
Services, in consultation with the Commissioner of Education, shall be 1051
eligible for reimbursement under this chapter unless it appears on such 1052
list. The percentage determined pursuant to section 10-285a at the time 1053
a school building project on such schedule was originally authorized 1054
shall be used for purposes of the grant for such project. On and after July 1055
1, 2006, a project that was not previously authorized as an interdistrict 1056
magnet school shall not receive a higher percentage for reimbursement 1057
than that determined pursuant to section 10-285a at the time a school 1058
building project on such schedule was originally authorized. 1059
(H) The General Assembly shall annually authorize the 1060
Commissioner of Administrative Services to enter into grant 1061
commitments on behalf of the state in accordance with the 1062
commissioner's categorized listing for such projects as the General 1063
Assembly shall determine. The Commissioner of Administrative 1064
Services may not enter into any such grant commitments except 1065
pursuant to such legislative authorization. 1066
(I) Any regional school district which assumes the responsibility for 1067
completion of a public school building project shall be eligible for a 1068
grant pursuant to subdivision (5) or (6), as the case may be, of subsection 1069
(a) of section 10-286 when such project is completed and accepted by 1070
such regional school district. 1071
Governor's Bill No. 6660
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Sec. 30. Section 3-22e of the general statutes is repealed and the 1072
following is substituted in lieu thereof (Effective from passage): 1073
(a) There is established a Connecticut Higher Education Trust 1074
Advisory Committee which shall consist of the State Treasurer, the 1075
[executive director of the Office] Commissioner of Higher Education, 1076
the Secretary of the Office of Policy and Management and the 1077
cochairpersons and ranking members of the joint standing committees 1078
of the General Assembly having cognizance of matters relating to 1079
education and finance, revenue and bonding, or their designees, and 1080
one student financial aid officer and one finance officer at a public 1081
institution of higher education in the state, each appointed by the Board 1082
of Regents for Higher Education, and one student financial aid officer 1083
and one finance officer at an independent institution of higher education 1084
in the state, each appointed by the Connecticut Conference of 1085
Independent Colleges. The advisory committee shall meet at least 1086
annually. The State Treasurer shall convene the meetings of the 1087
committee. 1088
(b) Within six months from the date of the trust's annual report, the 1089
State Treasurer and the [executive director of the Office] Commissioner 1090
of Higher Education shall jointly report, in accordance with section 11-1091
4a, to the joint standing committees of the General Assembly having 1092
cognizance of matters relating to education and finance, revenue and 1093
bonding on an evaluation of the Connecticut Higher Education Trust 1094
and recommendations, if any, for improvements in the program. 1095
Sec. 31. Section 4-5 of the general statutes is repealed and the 1096
following is substituted in lieu thereof (Effective from passage): 1097
As used in sections 4-6, 4-7 and 4-8, the term "department head" 1098
means Secretary of the Office of Policy and Management, Commissioner 1099
of Administrative Services, Commissioner of Revenue Services, 1100
Banking Commissioner, Commissioner of Children and Families, 1101
Commissioner of Consumer Protection, Commissioner of Correction, 1102
Governor's Bill No. 6660
LCO No. 4030 41 of 165
Commissioner of Economic and Community Development, State Board 1103
of Education, Commissioner of Emergency Services and Public 1104
Protection, Commissioner of Energy and Environmental Protection, 1105
Commissioner of Agriculture, Commissioner of Public Health, 1106
Insurance Commissioner, Labor Commissioner, Commissioner of 1107
Mental Health and Addiction Services, Commissioner of Social Services, 1108
Commissioner of Developmental Services, Commissioner of Motor 1109
Vehicles, Commissioner of Transportation, Commissioner of Veterans 1110
Affairs, Commissioner of Housing, Commissioner of Aging and 1111
Disability Services, the Commissioner of Early Childhood, the executive 1112
director of the Office of Health Strategy, the executive director of the 1113
Office of Military Affairs, the executive director of the Technical 1114
Education and Career System, the Chief Workforce Officer and the 1115
[executive director of the Office] Commissioner of Higher Education. As 1116
used in sections 4-6 and 4-7, "department head" also means the 1117
Commissioner of Education. 1118
Sec. 32. Subdivision (11) of subsection (c) of section 10-15j of the 1119
general statutes is repealed and the following is substituted in lieu 1120
thereof (Effective from passage): 1121
(11) The [executive director of the Office] Commissioner of Higher 1122
Education, or the [executive director's] commissioner's designee. 1123
Sec. 33. Subsection (b) of section 10a-1d of the general statutes is 1124
repealed and the following is substituted in lieu thereof (Effective from 1125
passage): 1126
(b) The Governor shall appoint [an executive director of the Office] a 1127
Commissioner of Higher Education in accordance with the provisions 1128
of sections 4-5 to 4-8, inclusive, as amended by this act. The [executive 1129
director] commissioner shall have the responsibility for implementing 1130
the policies and directives of the office. 1131
Sec. 34. Subdivision (2) of subsection (a) of section 10a-11b of the 1132
general statutes is repealed and the following is substituted in lieu 1133
Governor's Bill No. 6660
LCO No. 4030 42 of 165
thereof (Effective from passage): 1134
(2) The following persons shall serve as ex-officio nonvoting 1135
members on the commission: (A) The Commissioner of Education, the 1136
Commissioner of Economic and Community Development and the 1137
Labor Commissioner, or their designees; (B) the president of the 1138
Connecticut Conference of Independent Colleges, or the president's 1139
designee; (C) a member of the State Board of Education, as designated 1140
by the chairperson of the state board; (D) the superintendent of the 1141
technical high school system, or the superintendent's designee; (E) the 1142
chief executive officer of Connecticut Innovations, Incorporated, or the 1143
chief executive officer's designee; (F) the [executive director of the 1144
Office] Commissioner of Higher Education; (G) the chairpersons and 1145
ranking members of the joint standing committee of the General 1146
Assembly having cognizance of matters relating to higher education 1147
and employment advancement; and (H) the Secretary of the Office of 1148
Policy and Management, or the secretary's designee. 1149
Sec. 35. Subsection (c) of section 10a-19e of the general statutes is 1150
repealed and the following is substituted in lieu thereof (Effective from 1151
passage): 1152
(c) Persons who qualify under subsection (b) of this section shall be 1153
reimbursed on an annual basis for qualifying student loan payments in 1154
amounts as determined by the [executive director of the Office] 1155
Commissioner of Higher Education. A person qualifying under 1156
subsection (b) of this section shall only be reimbursed for loan payments 1157
made while such person is employed in the state as an engineer. The 1158
Office of Higher Education shall develop eligibility requirements for 1159
recipients of such reimbursements. Such requirements may include 1160
income guidelines. Persons may apply for grants to the Office of Higher 1161
Education at such time and in such manner as the [executive director of 1162
the Office] Commissioner of Higher Education prescribes. 1163
Sec. 36. Subsection (c) of section 10a-19f of the general statutes is 1164
Governor's Bill No. 6660
LCO No. 4030 43 of 165
repealed and the following is substituted in lieu thereof (Effective from 1165
passage): 1166
(c) Persons who qualify under subsection (b) of this section shall 1167
receive reimbursement grants on an annual basis for qualifying student 1168
loan payments in amounts as determined by the [executive director of 1169
the Office] Commissioner of Higher Education. A person qualifying 1170
under subsection (b) of this section shall only be reimbursed for loan 1171
payments made while such person is employed in Connecticut by a 1172
qualifying company or in research at an institution of higher education 1173
in an economically valuable field. The Office of Higher Education shall 1174
develop eligibility requirements for recipients of such reimbursement 1175
grants in consultation with the Department of Economic and 1176
Community Development. Such requirements may include income 1177
guidelines. Persons may apply for grants to the Office of Higher 1178
Education at such time and in such manner as the [executive director of 1179
the Office] Commissioner of Higher Education prescribes. 1180
Sec. 37. Subsection (b) of section 10a-19l of the general statutes is 1181
repealed and the following is substituted in lieu thereof (Effective from 1182
passage): 1183
(b) The [executive director of the Office] Commissioner of Higher 1184
Education shall (1) develop, in consultation with the Department of 1185
Public Health, eligibility requirements for recipients of such loan 1186
reimbursement grants, which requirements may include, but need not 1187
be limited to, income guidelines, and (2) award at least twenty per cent 1188
of such loan reimbursement grants to graduates of a regional 1189
community-technical college. The [executive director] commissioner 1190
shall consider health care workforce shortage areas when developing 1191
such eligibility requirements. A person who qualifies for a loan 1192
reimbursement grant shall be reimbursed on an annual basis for 1193
qualifying student loan payments in amounts determined by the 1194
[executive director] commissioner. A health care provider shall only be 1195
reimbursed for loan payments made while such person is employed 1196
Governor's Bill No. 6660
LCO No. 4030 44 of 165
full-time in the state as a health care provider. Persons may apply for 1197
loan reimbursement grants to the Office of Higher Education at such 1198
time and in such manner as the [executive director] commissioner 1199
prescribes. 1200
Sec. 38. Subdivisions (3) and (4) of section 10a-22a of the general 1201
statutes are repealed and the following is substituted in lieu thereof 1202
(Effective from passage): 1203
(3) "Branch" means a subdivision of a school (A) located at a different 1204
facility and geographical site from the school, except for a site that is an 1205
additional classroom site as determined by the [executive director] 1206
commissioner, or the [executive director's] commissioner's designee, 1207
and (B) that (i) offers one or more complete programs leading to a 1208
diploma or certificate; (ii) operates under the school's certificate of 1209
operation; (iii) meets the same conditions of authorization as the school; 1210
and (iv) exercises administrative control and is responsible for its own 1211
academic affairs; 1212
(4) ["Executive director"] "Commissioner" means the [executive 1213
director of the Office] Commissioner of Higher Education; and 1214
Sec. 39. Section 10a-22b of the general statutes is repealed and the 1215
following is substituted in lieu thereof (Effective from passage): 1216
(a) No person, board, association, partnership, corporation, limited 1217
liability company or other entity shall offer instruction in any form or 1218
manner in any trade or in any industrial, commercial, service, 1219
professional or other occupation unless such person, board, association, 1220
partnership, corporation, limited liability company or other entity first 1221
receives from the [executive director] commissioner a certificate 1222
authorizing the occupational instruction to be offered. 1223
(b) Except for initial authorizations, the [executive director] 1224
commissioner may accept institutional accreditation by an accrediting 1225
agency recognized by the United States Department of Education, in 1226
Governor's Bill No. 6660
LCO No. 4030 45 of 165
satisfaction of the requirements of this section and section 10a-22d, as 1227
amended by this act, including the evaluation and attendance 1228
requirement. Except for initial authorizations, the [executive director] 1229
commissioner may accept programmatic accreditation in satisfaction of 1230
the requirements of this section and section 10a-22d, as amended by this 1231
act, with regard to instruction offered by a hospital unless the [executive 1232
director] commissioner finds reasonable cause not to rely upon such 1233
accreditation. 1234
(c) Each person, board, association, partnership, corporation, limited 1235
liability company or other entity which seeks to offer occupational 1236
instruction shall submit to the [executive director] commissioner, or the 1237
[executive director's] commissioner's designee, in such manner and on 1238
such forms as the [executive director] commissioner, or the [executive 1239
director's] commissioner's designee, prescribes, an application for a 1240
certificate of authorization. Each application for initial authorization 1241
shall be accompanied by a nonrefundable application fee made payable 1242
to the private career school student protection account. Such application 1243
fee shall be in the amount of two thousand dollars for the private career 1244
school and two hundred dollars for each branch of a private career 1245
school in this state, except that, each application for initial authorization 1246
submitted on and after the effective date of the regulations adopted 1247
pursuant to section 10a-22k, shall be accompanied by a nonrefundable 1248
application fee in the amount specified in such regulations. Any 1249
application for initial authorization that remains incomplete six months 1250
after the date such application was first submitted to the Office of 1251
Higher Education shall expire and the office shall not approve such 1252
expired application for authorization. 1253
(d) Each person, board, association, partnership, corporation, limited 1254
liability company or other entity seeking to offer occupational 1255
instruction shall have a net worth consisting of sufficient liquid assets 1256
or produce other evidence of fiscal soundness to demonstrate the ability 1257
of the proposed private career school to operate, achieve all of its 1258
objectives and meet all of its obligations, including those concerning 1259
Governor's Bill No. 6660
LCO No. 4030 46 of 165
staff and students, during the period of time for which the authorization 1260
is sought. 1261
(e) Upon receipt of a complete application pursuant to subsection (c) 1262
of this section, the [executive director] commissioner shall cause to be 1263
conducted an evaluation of the applicant school. Not later than sixty 1264
days (1) after receipt of a complete application for initial authorization, 1265
or (2) prior to expiration of the authorization of a private career school 1266
applying to renew its certificate of authorization pursuant to section 1267
10a-22d, as amended by this act, the [executive director] commissioner, 1268
or the [executive director's] commissioner's designee, shall appoint an 1269
evaluation team, pursuant to subsection (f) of this section, except that 1270
on and after the effective date of the regulations adopted pursuant to 1271
section 10a-22k, the evaluation team shall be appointed pursuant to such 1272
regulations, to conduct such evaluation of the applicant school. The 1273
evaluation team shall submit a written report to the [executive director] 1274
commissioner recommending authorization or nonauthorization after 1275
an on-site inspection. Not later than one hundred twenty days following 1276
the completed appointment of the evaluation team, the [executive 1277
director] commissioner shall notify the applicant school of authorization 1278
or nonauthorization. The [executive director] commissioner may 1279
consult with the Labor Department and may request the advice of any 1280
other state agency which may be of assistance in making a 1281
determination. In the event of nonauthorization, the [executive director] 1282
commissioner shall set forth the reasons therefor in writing and the 1283
applicant school may request in writing a hearing before the [executive 1284
director] commissioner. Such hearing shall be held in accordance with 1285
the provisions of chapter 54. 1286
(f) For purposes of an evaluation of an applicant school, the 1287
[executive director] commissioner, or the [executive director's] 1288
commissioner's designee, shall appoint an evaluation team which shall 1289
include (1) at least two members representing the Office of Higher 1290
Education, and (2) at least one member for each of the areas of 1291
occupational instruction for which authorization is sought who shall be 1292
Governor's Bill No. 6660
LCO No. 4030 47 of 165
experienced in such occupation. The applicant school shall have the 1293
right to challenge any proposed member of the evaluation team for good 1294
cause shown. A written challenge shall be filed with the [executive 1295
director] commissioner within ten business days following the 1296
appointment of such evaluation team. In the event of a challenge, a 1297
decision shall be made thereon by the [executive director] commissioner 1298
within ten business days from the date such challenge is filed, and if the 1299
challenge is upheld the [executive director] commissioner shall appoint 1300
a replacement. Employees of the state or any political subdivision of the 1301
state may be members of evaluation teams. The [executive director] 1302
commissioner, or the [executive director's] commissioner's designee, 1303
shall not appoint any person to an evaluation team unless the [executive 1304
director] commissioner, or such designee, has received from such 1305
person a statement that the person has no interest which is in conflict 1306
with the proper discharge of the duties of evaluation team members as 1307
described in this section. The statement shall be on a form prescribed by 1308
the [executive director] commissioner and shall be signed under penalty 1309
of false statement. Except for any member of the evaluation team who 1310
is a state employee, members may be compensated for their service at 1311
the discretion of the [executive director] commissioner and shall be 1312
reimbursed for actual expenses, which expenses shall be charged to and 1313
paid by the applicant school. 1314
(g) The evaluation team appointed pursuant to subsection (f) of this 1315
section shall: (1) Conduct an on-site inspection; (2) submit a written 1316
report outlining any evidence of noncompliance; (3) give the school 1317
thirty days from the date of the report to provide evidence of 1318
compliance; and (4) submit to the [executive director] commissioner a 1319
written report recommending authorization or nonauthorization not 1320
later than one hundred twenty days after the on-site inspection. The 1321
evaluation team shall determine whether (A) the quality and content of 1322
each course or program of instruction, including, but not limited to, 1323
residential, on-line, home study and correspondence, training or study 1324
shall reasonably and adequately achieve the stated objective for which 1325
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such course or program is offered; (B) the school has adequate space, 1326
equipment, instructional materials and personnel for the instruction 1327
offered; (C) the qualifications of directors, administrators, supervisors 1328
and instructors shall reasonably and adequately assure that students 1329
receive education consistent with the stated objectives for which a 1330
course or program is offered; (D) students and other interested persons 1331
shall be provided with a catalog or similar publication describing the 1332
courses and programs offered, course and program objectives, length of 1333
courses and programs, schedule of tuition, fees and all other charges 1334
and expenses necessary for completion of the course or program, and 1335
termination, withdrawal and refund policies; (E) upon satisfactory 1336
completion of the course or program, each student shall be provided 1337
appropriate educational credentials by the school; (F) adequate records 1338
shall be maintained by the school to show attendance and grades, or 1339
other indicators of student progress, and standards shall be enforced 1340
relating to attendance and student performance; (G) the applicant 1341
school shall be financially sound and capable of fulfilling its 1342
commitments to students; (H) any student housing owned, leased, 1343
rented or otherwise maintained by the applicant school shall be safe and 1344
adequate; and (I) the school and any branch of the school in this state 1345
has a director located at the school or branch who is responsible for daily 1346
oversight of the school's or branch's operations. The evaluation team 1347
may also indicate in its report such recommendations as may improve 1348
the operation of the applicant school. 1349
Sec. 40. Section 10a-22c of the general statutes is repealed and the 1350
following is substituted in lieu thereof (Effective from passage): 1351
(a) No certificate to operate a private career school shall be authorized 1352
by the [executive director] commissioner, or the [executive director's] 1353
commissioner's designee, if (1) any principal, officer, member or 1354
director of the applicant school has acted in a similar capacity for a 1355
private career school which has had its authorization revoked pursuant 1356
to section 10a-22f, as amended by this act; (2) the applicant school does 1357
not have a net worth consisting of sufficient liquid assets or other 1358
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evidence of fiscal soundness to operate for the period of time for which 1359
authorization is sought; (3) the applicant school or any of its agents 1360
engages in advertising, sales, collection, credit or other practices which 1361
are false, deceptive, misleading or unfair; (4) the applicant school has 1362
any policy which discourages or prohibits the filing of inquiries or 1363
complaints regarding the school's operation with the [executive 1364
director] commissioner; (5) the applicant school fails to satisfactorily 1365
meet the criteria set forth in subsection (g) of section 10a-22b, as 1366
amended by this act, or, on and after the effective date of regulations 1367
adopted pursuant to section 10a-22k, the criteria set forth in such 1368
regulations; (6) a private career school that has previously closed fails to 1369
follow the procedures for school closure under section 10a-22m, as 1370
amended by this act; or (7) the applicant school does not have a director 1371
located at the school and at each of its branches in this state. 1372
(b) The [executive director] commissioner may deny a certificate of 1373
authorization if the person who owns or intends to operate a private 1374
career school has been convicted in this state, or any other state, of 1375
larceny in violation of section 53a-122 or 53a-123; identity theft in 1376
violation of section 53a-129b or 53a-129c; forgery in violation of section 1377
53a-138 or 53a-139; or has a criminal record in this state, or any other 1378
state, that the [executive director] commissioner reasonably believes 1379
renders the person unsuitable to own and operate a private career 1380
school. A refusal of a certificate of authorization under this subsection 1381
shall be made in accordance with the provisions of sections 46a-79 to 1382
46a-81, inclusive. 1383
(c) No certificate to operate a private career school shall be issued by 1384
the [executive director] commissioner pursuant to section 10a-22d, as 1385
amended by this act, until such private career school seeking 1386
authorization files with the [executive director] commissioner 1387
certificates indicating that the buildings and premises for such school 1388
meet all applicable state and local fire and zoning requirements. Such 1389
certificates shall be attested to by the fire marshal and zoning 1390
enforcement officer within the municipality in which such school is 1391
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located. 1392
(d) No certificate to operate a new private career school shall be 1393
issued by the [executive director] commissioner pursuant to section 10a-1394
22d, as amended by this act, until such private career school seeking 1395
authorization files with the [executive director] commissioner an 1396
irrevocable letter of credit issued by a bank with its main office or branch 1397
located within this state in the penal amount of forty thousand dollars 1398
guaranteeing the payments required of the school to the private career 1399
school student protection account in accordance with the provisions of 1400
section 10a-22u, as amended by this act, except that, any letter of credit 1401
issued on and after the effective date of the regulations adopted 1402
pursuant to section 10a-22k, shall be in a penal amount specified in such 1403
regulations. The letter of credit shall be payable to the private career 1404
school student protection account in the event that such school fails to 1405
make payments to the account as provided in subsection (a) of section 1406
10a-22u, as amended by this act, or in the event the state takes action to 1407
reimburse the account for a tuition refund paid to a student pursuant to 1408
the provisions of section 10a-22v, as amended by this act, provided the 1409
amount of the letter of credit to be paid into the private career school 1410
student protection account shall not exceed the amounts owed to the 1411
account. In the event a private career school fails to close in accordance 1412
with the provisions of section 10a-22m, as amended by this act, the 1413
[executive director] commissioner may seize the letter of credit, which 1414
shall be made payable to the private career school protection account. 1415
(e) The [executive director] commissioner shall notify the applicant 1416
private career school, by certified mail, return receipt requested of the 1417
decision to grant or deny a certificate of authorization not later than 1418
sixty days after receiving the written report of the evaluation team 1419
appointed pursuant to subsection (e) of section 10a-22b, as amended by 1420
this act. 1421
Sec. 41. Section 10a-22d of the general statutes is repealed and the 1422
following is substituted in lieu thereof (Effective from passage): 1423
Governor's Bill No. 6660
LCO No. 4030 51 of 165
(a) After the initial year of approval and for the next three years of 1424
operation as a private career school, renewal of the certificate of 1425
authorization shall be required annually. 1426
(b) Following the fourth year of continuous authorization, a renewal 1427
of the certificate of authorization, if granted, shall be for a period not to 1428
exceed five years and may be subject to an evaluation pursuant to 1429
subsection (e) of section 10a-22b, as amended by this act, provided no 1430
private career school shall operate for more than five additional years 1431
from the date of any renewal without the completion of an evaluation 1432
pursuant to subsection (e) of section 10a-22b, as amended by this act. 1433
(c) Renewal of the certificate of authorization shall be granted only 1434
upon (1) payment of a nonrefundable renewal fee to the Office of Higher 1435
Education in the amount of two hundred dollars for the private career 1436
school and two hundred dollars for each branch of a private career 1437
school, except that, any renewal fees paid on and after the effective date 1438
of the regulations adopted pursuant to section 10a-22k, shall be in the 1439
amount specified in such regulations, (2) submission of any reports or 1440
audits, as prescribed by the [executive director] commissioner, or the 1441
[executive director's] commissioner's designee, concerning the fiscal 1442
condition of the private career school or its continuing eligibility to 1443
participate in federal student financial aid programs, (3) the filing with 1444
the [executive director] commissioner of a complete application for a 1445
renewed certificate of authorization not less than one hundred twenty 1446
days prior to the termination date of the most recent certificate of 1447
authorization, and (4) a determination that the private career school 1448
meets all the conditions of its recent authorization, including, but not 1449
limited to, at the discretion of the [executive director] commissioner, 1450
evidence that such school is current on its financial obligations and has 1451
adequate financial resources to serve its current students, and the filing 1452
of documentation with the [executive director] commissioner that the 1453
private career school has a passing financial ratio score as required by 1454
34 CFR 668, as amended from time to time. 1455
Governor's Bill No. 6660
LCO No. 4030 52 of 165
(d) If the [executive director] commissioner, or the [executive 1456
director's] commissioner's designee, determines, at any time during a 1457
school's authorization period, that such school is out of compliance with 1458
the conditions of authorization under sections 10a-22a to 10a-22o, 1459
inclusive, as amended by this act, and any applicable regulations of 1460
Connecticut state agencies, the school may be placed on probation for a 1461
period not to exceed one year. If, after the period of one year of 1462
probationary status, the school remains out of compliance with the 1463
conditions of authorization, the [executive director] commissioner may 1464
revoke such school's certificate of authorization to operate as a private 1465
career school pursuant to section 10a-22f, as amended by this act. 1466
During the school's period of probation, the school shall post its 1467
probationary certificate of authorization in public view. The Office of 1468
Higher Education may publish the school's probationary certificate of 1469
authorization status. 1470
(e) Notwithstanding the provisions of sections 10a-22a to 10a-22o, 1471
inclusive, as amended by this act, the [executive director] commissioner 1472
may authorize the extension of the most recent certificate of 1473
authorization for a period not to exceed sixty days for good cause 1474
shown, provided such extension shall not change the date of the original 1475
certificate's issuance or the date for each renewal. 1476
(f) After the first year of authorization, each private career school 1477
shall pay a nonrefundable annual fee to the private career school student 1478
protection account in the amount of two hundred dollars for the private 1479
career school and two hundred dollars for each branch of a private 1480
career school, except that, any annual fee paid on and after the effective 1481
date of the regulations adopted pursuant to section 10a-22k, shall be in 1482
the amount specified in such regulations. The annual fee shall be due 1483
and payable for each year after the first year of authorization that the 1484
private career school and any branch of a private career school is 1485
authorized by the [executive director] commissioner to offer career 1486
instruction. Such annual fee shall be in addition to any renewal fee 1487
assessed under this section. 1488
Governor's Bill No. 6660
LCO No. 4030 53 of 165
(g) Each private career school shall keep financial records in 1489
conformity with generally accepted accounting principles. An annual 1490
financial statement detailing the financial status of the school shall be 1491
prepared by school management and reviewed or audited, or, for a 1492
nonaccredited school annually receiving less than fifty thousand dollars 1493
in tuition revenue, compiled, by a licensed certified public accountant 1494
or licensed public accountant in accordance with standards established 1495
by the American Institute of Certified Public Accountants. A copy of 1496
such financial statement shall be filed with the [executive director] 1497
commissioner on or before the last day of the fourth month following 1498
the end of the school's fiscal year, except in the case of a nationally 1499
accredited school recognized by the United States Department of 1500
Education, in which case such financial statement shall be due on or 1501
before the last day of the sixth month following the end of the school's 1502
fiscal year. Only audited financial statements shall be accepted from a 1503
nationally accredited school. Upon a nonaccredited school's written 1504
request, the [executive director] commissioner may authorize, for good 1505
cause shown, a filing extension for a period not to exceed sixty days. No 1506
filing extensions shall be granted to a nationally accredited school. 1507
(h) The failure of any private career school to submit an application 1508
to the Office of Higher Education for the renewal of a certificate of 1509
authorization on or before the date on which it is due may result in the 1510
loss of authorization under section 10a-22f, as amended by this act. The 1511
[executive director] commissioner of said office may deny the renewal 1512
of such certificate of authorization if there exists a failure to file such 1513
renewal application by the date on which it is due, or the end of any 1514
period of extension authorized pursuant to subsection (e) of this section. 1515
Sec. 42. Section 10a-22e of the general statutes is repealed and the 1516
following is substituted in lieu thereof (Effective from passage): 1517
(a) During any period of authorization by the [executive director] 1518
commissioner to operate as a private career school pursuant to sections 1519
10a-22a to 10a-22o, inclusive, as amended by this act, and sections 10a-1520
Governor's Bill No. 6660
LCO No. 4030 54 of 165
22u to 10a-22w, inclusive, as amended by this act, such private career 1521
school may request revision of the conditions of its authorization. Such 1522
school shall make such request to the [executive director] commissioner, 1523
in the manner and on such forms prescribed by the [executive director] 1524
commissioner sixty days prior to the proposed implementation date of 1525
any intended revision. Such revision shall include, but not be limited to, 1526
changes in (1) courses or programs; (2) ownership of the school; (3) 1527
name of the school; (4) location of the school's main campus; or (5) 1528
location of any of the school's additional classroom sites or branch 1529
campuses. A private career school requesting revision of the conditions 1530
of its authorization based on a change in ownership of the school shall 1531
submit an application and letter of credit pursuant to sections 10a-22b, 1532
as amended by this act, and 10a-22c, as amended by this act, 1533
accompanied by a nonrefundable change of ownership fee made 1534
payable to the private career school student protection account under 1535
section 10a-22u, as amended by this act, in the amount of two thousand 1536
dollars for the private career school and two hundred dollars for each 1537
branch of a private career school in this state, except that, any ownership 1538
fee paid on and after the effective date of the regulations adopted 1539
pursuant to section 10a-22k, shall be in the amount specified in such 1540
regulations. 1541
(b) The [executive director] commissioner, or the [executive 1542
director's] commissioner's designee, may, not later than thirty days after 1543
receipt of a request to revise the conditions of authorization, issue an 1544
order prohibiting any such change if it would constitute a material or 1545
substantial deviation from the conditions of authorization. 1546
(c) If the [executive director] commissioner, or the [executive 1547
director's] commissioner's designee, fails to take action upon a request 1548
for revision by the thirtieth day following the proposed implementation 1549
date of the intended revision, such request shall be deemed approved, 1550
and the private career school's certificate of authorization shall be so 1551
revised for the same period as its current authorization. 1552
Governor's Bill No. 6660
LCO No. 4030 55 of 165
Sec. 43. Section 10a-22f of the general statutes is repealed and the 1553
following is substituted in lieu thereof (Effective from passage): 1554
(a) A certificate of authorization issued to a private career school 1555
pursuant to sections 10a-22a to 10a-22o, inclusive, as amended by this 1556
act, and sections 10a-22u to 10a-22w, inclusive, as amended by this act, 1557
may be revoked by the [executive director] commissioner if such school 1558
(1) ceases to meet the conditions of its authorization; (2) commits a 1559
material or substantial violation of sections 10a-22a to 10a-22o, inclusive, 1560
as amended by this act, or sections 10a-22u to 10a-22w, inclusive, as 1561
amended by this act, or the regulations prescribed thereunder; (3) makes 1562
a false statement about a material fact in application for authorization 1563
or renewal; (4) fails to make a required payment to the private career 1564
school student protection account pursuant to section 10a-22u, as 1565
amended by this act; or (5) fails to submit a complete application for a 1566
renewal of a certificate of authorization pursuant to section 10a-22d, as 1567
amended by this act. 1568
(b) The [executive director] commissioner, or the [executive 1569
director's] commissioner's designee, shall serve written notice, by 1570
certified mail, return receipt requested upon a private career school 1571
indicating that revocation of the school's authorization is under 1572
consideration and the [executive director] commissioner shall set forth 1573
the reasons such revocation is being considered. Not later than forty-1574
five days after mailing such written notice, the [executive director] 1575
commissioner, or the [executive director's] commissioner's designee, 1576
shall hold a compliance conference with the private career school. 1577
(c) If, after the compliance conference, the [executive director] 1578
commissioner determines that revocation of the certificate of 1579
authorization is appropriate, the [executive director] commissioner shall 1580
issue an order and serve written notice by certified mail, return receipt 1581
requested upon the private career school, which notice shall include, but 1582
not be limited to, the date of the revocation. 1583
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LCO No. 4030 56 of 165
(d) A private career school aggrieved by the order of the [executive 1584
director] commissioner revoking its certificate of authorization 1585
pursuant to subsection (c) of this section shall, not later than fifteen days 1586
after such order is mailed, request in writing a hearing before the 1587
[executive director] commissioner. Such hearing shall be held in 1588
accordance with the provisions of chapter 54. 1589
Sec. 44. Section 10a-22g of the general statutes is repealed and the 1590
following is substituted in lieu thereof (Effective from passage): 1591
(a) A private career school which is authorized by the [executive 1592
director] commissioner pursuant to sections 10a-22a to 10a-22o, 1593
inclusive, as amended by this act, and sections 10a-22u to 10a-22w, 1594
inclusive, as amended by this act, may request authorization to establish 1595
and operate additional classroom sites or branch schools, or to offer 1596
existing or new programs through a distance learning program, as 1597
defined in section 10a-22h, for the purpose of offering the occupational 1598
instruction authorized by the [executive director] commissioner, 1599
provided the additional classroom site or branch school complies with 1600
the provisions of subsection (b) of this section. Such school shall make 1601
such request for authorization to operate an additional classroom site or 1602
branch school or to offer existing or new programs through a distance 1603
learning program, in the manner and on such forms as prescribed by the 1604
[executive director] commissioner, at least sixty days prior to the 1605
proposed establishment of such additional classroom site or branch 1606
school or such distance learning program. 1607
(b) The buildings and premises for such additional classroom site or 1608
branch school shall meet all applicable state and local fire and zoning 1609
requirements, and certificates attesting the same signed by the local fire 1610
marshal and zoning enforcement officer shall be filed with the 1611
[executive director] commissioner prior to offering such occupational 1612
instruction. The additional classroom site or branch school shall be in 1613
compliance with the relevant requirements set forth in subsection (g) of 1614
section 10a-22b, as amended by this act, or on and after the effective date 1615
Governor's Bill No. 6660
LCO No. 4030 57 of 165
of the regulations adopted pursuant to section 10a -22k, the 1616
requirements set forth in such regulations. 1617
(c) The [executive director] commissioner, or the [executive 1618
director's] commissioner's designee, not later than thirty days after the 1619
proposed date for establishment of a branch school, may issue an order 1620
prohibiting any such establishment of a branch school if it would 1621
constitute a material or substantial deviation from the conditions of 1622
authorization or if the private career school fails to meet the 1623
requirements set forth in subsection (b) of this section. 1624
(d) If the [executive director] commissioner, or the [executive 1625
director's] commissioner's designee, fails to take action upon the request 1626
for revision by the thirtieth day after the proposed date for 1627
establishment of such additional classroom site or branch school or such 1628
distance learning program, such request shall be deemed approved. 1629
Sec. 45. Section 10a-22i of the general statutes is repealed and the 1630
following is substituted in lieu thereof (Effective from passage): 1631
(a) The [executive director] commissioner may assess any person, 1632
board, partnership, association, corporation, limited liability company 1633
or other entity which violates any provision of sections 10a-22a to 10a-1634
22p, inclusive, as amended by this act, sections 10a-22u to 10a-22w, 1635
inclusive, as amended by this act, or regulations adopted pursuant to 1636
section 10a-22k, an administrative penalty in an amount not to exceed 1637
five hundred dollars for each day of such violation, except that, any 1638
administrative penalty assessed on and after the effective date of the 1639
regulations adopted pursuant to section 10a-22k, shall be in the amount 1640
specified in such regulations. 1641
(b) The [executive director] commissioner shall serve written notice 1642
upon a private career school when the assessment of such an 1643
administrative penalty is under consideration. The notice shall set forth 1644
the reasons for the assessment of the penalty. Not later than forty-five 1645
days after mailing such notice to the private career school, the [executive 1646
Governor's Bill No. 6660
LCO No. 4030 58 of 165
director] commissioner, or the [executive director's] commissioner's 1647
designee, shall hold a compliance conference with the private career 1648
school. 1649
(c) If, after the compliance conference, the [executive director] 1650
commissioner determines that imposition of an administrative penalty 1651
is appropriate, the [executive director] commissioner shall issue an 1652
order and serve written notice by certified mail, return receipt requested 1653
upon the private career school. 1654
(d) A private career school aggrieved by the order of the [executive 1655
director] commissioner imposing an administrative penalty pursuant to 1656
subsection (c) of this section shall, not later than fifteen days after such 1657
order is mailed, request in writing a hearing before the [executive 1658
director] commissioner. Such hearing shall be held in accordance with 1659
the provisions of chapter 54. 1660
Sec. 46. Section 10a-22j of the general statutes is repealed and the 1661
following is substituted in lieu thereof (Effective from passage): 1662
The [executive director] commissioner, through the Attorney 1663
General, may seek an order from the Superior Court to prevent any 1664
violation of sections 10a-22a to 10a-22p, inclusive, as amended by this 1665
act, or sections 10a-22u to 10a-22w, inclusive, as amended by this act. 1666
Sec. 47. Subsection (b) of section 10a-22l of the general statutes is 1667
repealed and the following is substituted in lieu thereof (Effective from 1668
passage): 1669
(b) The [executive director] commissioner, or the [executive 1670
director's] commissioner's designee, may conduct an investigation and, 1671
through the Attorney General, maintain an action in the name of the 1672
state against any person to restrain or prevent the establishment or 1673
operation of an institution that does not have a certificate of 1674
authorization. 1675
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LCO No. 4030 59 of 165
Sec. 48. Section 10a-22m of the general statutes is repealed and the 1676
following is substituted in lieu thereof (Effective from passage): 1677
(a) A private career school shall notify the [executive director] 1678
commissioner, in writing, at least sixty days prior to closure of such 1679
school. The private career school shall provide evidence prior to closing 1680
that: (1) All course work is or will be completed by current students at 1681
the school; (2) there are no refunds due any students; (3) all student 1682
records will be maintained as prescribed in section 10a-22n, as amended 1683
by this act; (4) final payment has been made to the private career school 1684
student protection account; (5) a designation of service form has been 1685
filed with the [executive director] commissioner; and (6) the certificate 1686
of authorization has been returned to the [executive director] 1687
commissioner. 1688
(b) Any private career school that fails to meet the requirements 1689
outlined in subsection (a) of this section shall be fined not more than five 1690
hundred dollars per day for each day of noncompliance, except that, any 1691
fine assessed on and after the effective date of the regulations adopted 1692
pursuant to section 10a-22k, shall be in the amount specified in such 1693
regulations, and pursuant to subdivision (6) of subsection (a) of section 1694
10a-22c, as amended by this act, shall be ineligible to be issued a 1695
certificate of authorization upon application to operate a private career 1696
school. Funds collected pursuant to this subsection shall be placed in the 1697
private career student protection account established pursuant to 1698
section 10a-22u, as amended by this act. 1699
(c) If the [executive director] commissioner revokes a private career 1700
school's certificate of authorization, such school shall comply with the 1701
requirements of subsection (a) of this section. Failure to comply shall 1702
result in further penalties at the discretion of the [executive director] 1703
commissioner. 1704
(d) In the event a private career school fails to meet the requirements 1705
set forth in subsection (a) of this section and closes prior to graduating 1706
Governor's Bill No. 6660
LCO No. 4030 60 of 165
all current students, the [executive director] commissioner may seize the 1707
letter of credit filed by the private career school pursuant to subsection 1708
(d) of section 10a-22c, as amended by this act, and such letter of credit 1709
shall be made payable to the private career school student protection 1710
account. The [executive director] commissioner may expend funds from 1711
the private career school student protection account up to the amount 1712
necessary to facilitate a teach-out of any remaining students up to and 1713
including the issuance of a certificate of completion pursuant to 1714
subsection (e) of this section. For purposes of this subsection and 1715
subsection (e) of this section, (1) "teach-out" means the completion of 1716
instruction of a course or program of study in which a student was 1717
enrolled, provided the teach-out includes instruction of the entire 1718
program of study when a course is a part of such program of study, and 1719
(2) "certificate of completion" means the credential, documented in 1720
writing, that is issued to a student who completes a course or program 1721
of study offered by a private career school. 1722
(e) In the event of a private career school closure that fails to meet the 1723
requirements set forth in subsection (a) of this section, the [executive 1724
director] commissioner may issue a certificate of completion to each 1725
student that, in the [executive director's] commissioner's determination, 1726
has successfully completed the student's course or program of study in 1727
which the student was enrolled at the private career school. 1728
Sec. 49. Section 10a-22n of the general statutes is repealed and the 1729
following is substituted in lieu thereof (Effective from passage): 1730
(a) A private career school shall maintain, preserve and protect, in a 1731
manner approved by the [executive director] commissioner, or the 1732
[executive director's] commissioner's designee, all school records 1733
including, but not limited to: (1) Student or academic transcripts, 1734
including, in a separate file, a duplicate copy of the academic transcript 1735
of each student who graduated from such school, and a duplicate copy 1736
of the academic transcript of each student enrolled at such school that 1737
contains the student's name, address, program of study, length of such 1738
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program of study, grade point average and courses completed; (2) 1739
attendance records or other indicators of student progress; (3) copies of 1740
individual enrollment agreements or contracts; (4) evidence of tuition 1741
payments; and (5) any other documentation as prescribed by the 1742
[executive director] commissioner. 1743
(b) The [executive director] commissioner, or the [executive 1744
director's] commissioner's designee, may at any time during regular 1745
business or school hours, with or without notice, visit a private career 1746
school. During such visitation, the [executive director] commissioner, or 1747
the [executive director's] commissioner's designee, may request an 1748
officer or director of the school to produce, and shall be provided with 1749
immediate access to, such records or information as are required to 1750
verify that the school continues to meet the conditions of authorization. 1751
If the [executive director] commissioner determines that such private 1752
career school has not maintained, preserved or protected school records 1753
in accordance with this section, the [executive director] commissioner 1754
may assess an administrative penalty on such private career school 1755
pursuant to section 10a-22i, as amended by this act. 1756
(c) If a school ceases to operate as a private career school, it shall (1) 1757
immediately transmit all student or academic transcripts, described in 1758
subdivision (1) of subsection (a) of this section, to the [executive 1759
director] commissioner, and (2) keep the [executive director] 1760
commissioner advised in writing as to the location and availability of all 1761
other student records or shall file all such other student records with the 1762
[executive director] commissioner. 1763
(d) The [executive director] commissioner shall maintain all records, 1764
files and other documents associated with private career schools in a 1765
manner consistent with the mission and responsibilities of the Office of 1766
Higher Education. 1767
Sec. 50. Section 10a-22o of the general statutes is repealed and the 1768
following is substituted in lieu thereof (Effective from passage): 1769
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(a) The [executive director] commissioner, through the Attorney 1770
General, may petition the superior court for the judicial district of 1771
Hartford for the enforcement of any order issued by the [executive 1772
director] commissioner, and for other appropriate relief. The court may 1773
issue such orders as are appropriate to aid in enforcement. 1774
(b) The [executive director] commissioner, or the [executive 1775
director's] commissioner's designee, may conduct any necessary review, 1776
inspection or investigation regarding applications for certificates of 1777
authorization or possible violations of sections 10a-22a to 10a-22p, 1778
inclusive, as amended by this act, or any applicable regulations of 1779
Connecticut state agencies. In connection with any investigation, the 1780
[executive director] commissioner, or the [executive director's] 1781
commissioner's designee, may administer oaths, issue subpoenas, 1782
compel testimony and order the production of any record or document. 1783
If any person refuses to appear, testify or produce any record or 1784
document when so ordered, the [executive director] commissioner may 1785
seek relief pursuant to subsection (a) of this section. 1786
Sec. 51. Section 10a-22p of the general statutes is repealed and the 1787
following is substituted in lieu thereof (Effective from passage): 1788
(a) On and after January 1, 2020, any private career school, as defined 1789
in section 10a-22a, as amended by this act, that requires any student, as 1790
a condition of enrollment, to enter into an agreement that (1) limits 1791
participation in a class action against such school, (2) limits any claim 1792
the student may have against such school or the damages for such claim, 1793
or (3) requires the student to assert any claim against such school in a 1794
forum that is less convenient, more costly or more dilatory for the 1795
resolution of a dispute than a judicial forum established in the state 1796
where the student may otherwise properly bring a claim, shall include 1797
in its application to the Office of Higher Education for initial or renewed 1798
certificate of authorization pursuant to sections 10a-22b, as amended by 1799
this act, and 10a-22d, as amended by this act, a statement (A) disclosing 1800
the number of claims made against the school, including claims made 1801
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against a parent organization or subsidiary of the school, by a student 1802
currently or formerly enrolled at the school, (B) describing the nature of 1803
the rights asserted, and (C) updating the status of such claims. The 1804
school shall submit additional details regarding such claims as the 1805
[executive director of the Office] Commissioner of Higher Education 1806
may require. 1807
(b) The [executive director of the Office] Commissioner of Higher 1808
Education may deny the application for initial or renewed certificate of 1809
authorization of a private career school or consider a private career 1810
school ineligible to receive any public funds, including, but not limited 1811
to, federal funds administered by the office pursuant to section 10a-45 if 1812
(1) such school fails to include the statement required under subsection 1813
(a) of this section in its application, or (2) upon review of such statement, 1814
the [executive director] commissioner determines that the public policy 1815
of protecting the interests of students in the state requires such denial. 1816
(c) The [executive director of the Office] Commissioner of Higher 1817
Education shall have the authority granted under sections 10a-22i, as 1818
amended by this act, 10a-22j, as amended by this act, and 10a-22o, as 1819
amended by this act, to investigate and enforce the provisions of 1820
subsections (a) and (b) of this section. 1821
Sec. 52. Section 10a-22r of the general statutes is repealed and the 1822
following is substituted in lieu thereof (Effective from passage): 1823
Upon the availability of funds to award financial aid grants from the 1824
private career school student benefit account, there shall be established 1825
an advisory committee to the [executive director] commissioner 1826
consisting of seven members appointed by the [executive director] 1827
commissioner, including a representative of the private career schools, 1828
a representative from the Office of Higher Education and five members 1829
chosen from business or industry, state legislators, private career school 1830
alumni and the general public. Three of the members first appointed to 1831
the committee shall be appointed for a term of three years and four of 1832
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the members first appointed shall be appointed for a term of two years. 1833
Thereafter, all members shall be appointed for a term of two years. The 1834
[executive director] commissioner shall administer the private career 1835
school student benefit account, established pursuant to section 10a-22u, 1836
as amended by this act, with the advice of the advisory committee in 1837
accordance with the provisions of this section and sections 10a-22s, as 1838
amended by this act, and 10a-22t, as amended by this act, and may 1839
assess the account for all direct expenses incurred in the implementation 1840
of this section. The account shall be used to award financial aid grants 1841
for the benefit of private career school students. The grants shall be paid 1842
to the private career school designated by the grant recipient to be 1843
applied against the tuition expenses of such recipient. If the balance of 1844
the student protection account is five per cent or less of the annual net 1845
tuition income of the schools which make payments to the account 1846
pursuant to section 10a-22u, as amended by this act, any unallocated 1847
funds in the student benefit account shall be transferred to the private 1848
career school student protection account. 1849
Sec. 53. Section 10a-22s of the general statutes is repealed and the 1850
following is substituted in lieu thereof (Effective from passage): 1851
The [executive director] commissioner, with the advice of the 1852
advisory committee, shall establish the criteria for awarding financial 1853
aid grants. Applications for grants shall be submitted on such forms and 1854
in such manner as the [executive director] commissioner, with the 1855
advice of the advisory committee, shall prescribe. The [executive 1856
director] commissioner shall establish policies, with the advice of the 1857
advisory committee, for the return of any portion of a financial aid grant, 1858
representing tuition of a student, which would otherwise be refundable. 1859
Sec. 54. Section 10a-22t of the general statutes is repealed and the 1860
following is substituted in lieu thereof (Effective from passage): 1861
The Treasurer shall pay financial aid grants, approved and ordered 1862
to be paid by the [executive director] commissioner with the advice of 1863
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the advisory committee, from the student benefit account. 1864
Sec. 55. Section 10a-22u of the general statutes is repealed and the 1865
following is substituted in lieu thereof (Effective from passage): 1866
(a) There shall be an account to be known as the private career school 1867
student protection account within the General Fund. Each private career 1868
school authorized in accordance with the provisions of sections 10a-22a 1869
to 10a-22o, inclusive, as amended by this act, shall pay to the State 1870
Treasurer an amount equal to four-tenths of one per cent of the tuition 1871
received by such school per calendar quarter exclusive of any refunds 1872
paid, except that distance learning and correspondence schools 1873
authorized in accordance with the provisions of section 10a-22h, shall 1874
contribute to said account only for Connecticut residents enrolled in 1875
such schools. Payments shall be made by January thirtieth, April 1876
thirtieth, July thirtieth and October thirtieth in each year for tuition 1877
received during the three months next preceding the month of payment. 1878
In addition to amounts received based on tuition, the account shall also 1879
contain any amount required to be deposited into the account pursuant 1880
to sections 10a-22a to 10a-22o, inclusive, as amended by this act. Said 1881
account shall be used for the purposes of section 10a-22v, as amended 1882
by this act. Any interest, income and dividends derived from the 1883
investment of the account shall be credited to the account. All direct 1884
expenses for the maintenance of the account may be charged to the 1885
account upon the order of the State Comptroller. The [executive 1886
director] commissioner may assess the account for all direct expenses 1887
incurred in the implementation of the purposes of this section which are 1888
in excess of the normal expenditures of the Office of Higher Education. 1889
(b) Payments required pursuant to subsection (a) of this section shall 1890
be a condition of doing business in the state and failure to make any 1891
such payment within thirty days following the date on which it is due 1892
shall result in the loss of authorization under section 10a-22f, as 1893
amended by this act. Such authorization shall not be issued or renewed 1894
if there exists a failure to make any such payment in excess of thirty days 1895
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following the date on which it is due. 1896
(c) If an audit conducted by the Office of Higher Education 1897
determines that a school has paid into the private career school student 1898
protection account an amount less than was required, the school shall 1899
pay such amount plus a penalty of ten per cent of the amount required 1900
to the State Treasurer within thirty days of receipt of notice from the 1901
[executive director] commissioner, or the [executive director's] 1902
commissioner's designee of the amount of the underpayment and 1903
penalty. 1904
(d) If an audit conducted by the Office of Higher Education 1905
determines that a school has paid into the private career school student 1906
protection account an amount more than was required, subsequent 1907
payment or payments by the school shall be appropriately credited until 1908
such credited payment or payments equal the amount of the 1909
overpayment. 1910
Sec. 56. Section 10a-22v of the general statutes is repealed and the 1911
following is substituted in lieu thereof (Effective from passage): 1912
Any student enrolled in a private career school authorized in 1913
accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, 1914
as amended by this act, who is unable to complete an approved course 1915
or unit of instruction at such school because of the insolvency or 1916
cessation of operation of the school and who has paid tuition for such 1917
course or unit of instruction, may, not later than two years after the date 1918
on which such school became insolvent or ceased operations, make 1919
application to the [executive director] commissioner for a refund of 1920
tuition from the account established pursuant to section 10a-22u, as 1921
amended by this act, to the extent that such account exists or has reached 1922
the level necessary to pay outstanding approved claims, except that in 1923
the case of distance learning and correspondence schools authorized in 1924
accordance with the provisions of section 10a-22h, only Connecticut 1925
residents enrolled in such schools may be eligible for such refund. Upon 1926
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such application, the [executive director] commissioner shall determine 1927
whether the applicant is unable to complete a course or unit of 1928
instruction because of the insolvency or cessation of operation of the 1929
school to which tuition has been paid. The [executive director] 1930
commissioner may summon by subpoena any person, records or 1931
documents pertinent to the making of a determination regarding 1932
insolvency or cessation of operation. For the purpose of making any 1933
tuition refund pursuant to this section, a school shall be deemed to have 1934
ceased operation whenever it has failed to complete a course or unit of 1935
instruction for which the student has paid a tuition fee and, as a result, 1936
the school's authorization has been revoked pursuant to section 10a-22f, 1937
as amended by this act. If the [executive director] commissioner finds 1938
that the applicant is entitled to a refund of tuition because of the 1939
insolvency or cessation of operation of the school, the [executive 1940
director] commissioner shall determine the amount of an appropriate 1941
refund which shall be equal to the tuition paid for the uncompleted 1942
course or unit of instruction. Thereafter the [executive director] 1943
commissioner shall direct the State Treasurer to pay, per order of the 1944
Comptroller, the refund to the applicant or persons, agencies or 1945
organizations indicated by the applicant who have paid tuition on the 1946
student's behalf. If the student is a minor, payment shall be made to the 1947
student's parent, parents or legal guardian. In no event shall a refund be 1948
made from the student protection account for any financial aid provided 1949
to or on behalf of any student in accordance with the provisions of Title 1950
IV, Part B of the Higher Education Act of 1965, as amended from time 1951
to time. Each recipient of a tuition refund made in accordance with the 1952
provisions of this section shall assign all rights to the state of any action 1953
against the school or its owner or owners for tuition amounts 1954
reimbursed pursuant to this section. Upon such assignment, the state 1955
may take appropriate action against the school or its owner or owners 1956
in order to reimburse the student protection account for any expenses 1957
or claims that are paid from the account and to reimburse the state for 1958
the reasonable and necessary expenses in undertaking such action. Any 1959
student who falsifies information on an application for tuition 1960
Governor's Bill No. 6660
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reimbursement shall lose his or her right to any refund from the account. 1961
Sec. 57. Subsections (e) and (f) of section 10a-34 of the general statutes 1962
are repealed and the following is substituted in lieu thereof (Effective 1963
from passage): 1964
(e) If the [executive director of the Office] Commissioner of Higher 1965
Education, or the [executive director's] commissioner's designee, 1966
determines that further review of an application is needed due at least 1967
in part to the applicant offering instruction in a new program of higher 1968
learning or new degree level or the financial condition of the institution 1969
of higher education is determined to be at risk of imminent closure as a 1970
result of a financial screening conducted pursuant to the provisions of 1971
section 10a-34h, as amended by this act, then the [executive director] 1972
commissioner, or the [executive director's] commissioner's designee, 1973
shall conduct a focused or on-site review. Such applicant shall have an 1974
opportunity to state any objection regarding any individual selected to 1975
review an application on behalf of the [executive director] 1976
commissioner. For purposes of this subsection and subsection (f) of this 1977
section, "focused review" means a review by an out-of-state curriculum 1978
expert; and "on-site review" means a full team evaluation by the office 1979
at the institution of higher education. 1980
(f) The [executive director of the Office] Commissioner of Higher 1981
Education, or the [executive director's] commissioner's designee, may 1982
require (1) a focused or on-site review of any program application in a 1983
field requiring a license to practice in Connecticut, and (2) evidence that 1984
a program application in a field requiring a license to practice in 1985
Connecticut meets the state or federal licensing requirements for such 1986
license. 1987
Sec. 58. Section 10a-34a of the general statutes is repealed and the 1988
following is substituted in lieu thereof (Effective from passage): 1989
(a) The [executive director of the Office] Commissioner of Higher 1990
Education may assess any person, school, board, association or 1991
Governor's Bill No. 6660
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corporation which violates any provision of section 10a-34, as amended 1992
by this act, 10a-34g, as amended by this act, or10a-35 an administrative 1993
penalty in an amount not to exceed five hundred dollars for each day of 1994
such violation. 1995
(b) (1) The [executive director of the Office] Commissioner of Higher 1996
Education shall serve written notice upon the person, school, board, 1997
association or corporation when the assessment of such an 1998
administrative penalty is under consideration. The notice shall set forth 1999
the reasons for the assessment of the penalty. 2000
(2) Not later than forty-five days after the [executive director] 2001
commissioner, or the [executive director's] commissioner's designee, 2002
mails notice pursuant to subdivision (1) of this subsection to such 2003
person, school, board, association or corporation, the [executive 2004
director] commissioner, or the [executive director's] commissioner's 2005
designee, shall hold a compliance conference with such person, school, 2006
board, association or corporation. 2007
(c) If, after the compliance conference pursuant to subsection (b) of 2008
this section, the [executive director] commissioner determines that 2009
imposition of the administrative penalty is appropriate, the [executive 2010
director] commissioner shall issue an order and serve written notice by 2011
certified mail, return receipt requested upon the person, school, board, 2012
association or corporation. 2013
(d) The person, school, board, association or corporation aggrieved 2014
by the order of the [executive director] commissioner imposing an 2015
administrative penalty pursuant to subsection (c) of this section shall, 2016
not later than fifteen days after such order is mailed, request, in writing, 2017
a hearing before the Office of Higher Education. Such hearing shall be 2018
held in accordance with the provisions of chapter 54. 2019
Sec. 59. Section 10a-34b of the general statutes is repealed and the 2020
following is substituted in lieu thereof (Effective from passage): 2021
Governor's Bill No. 6660
LCO No. 4030 70 of 165
The [executive director] commissioner, through the Attorney 2022
General, may seek an order from the Superior Court to prevent any 2023
violation of sections 10a-34, as amended by this act, 10a-34g, as 2024
amended by this act, and 10a-35 through the use of an injunction in 2025
accordance with the provisions of chapter 916. 2026
Sec. 60. Section 10a-34c of the general statutes is repealed and the 2027
following is substituted in lieu thereof (Effective from passage): 2028
The [executive director of the Office] Commissioner of Higher 2029
Education may conduct an investigation and, through the Attorney 2030
General, maintain an action in the name of the state against any person, 2031
school, board, association or corporation to restrain or prevent the 2032
establishment or operation of an institution that is not authorized to 2033
award degrees by the Office of Higher Education pursuant to the 2034
provisions of section 10a-34, as amended by this act. 2035
Sec. 61. Section 10a-34d of the general statutes is repealed and the 2036
following is substituted in lieu thereof (Effective from passage): 2037
The Office of Higher Education, through the Attorney General, may 2038
petition the superior court for the judicial district of Hartford for the 2039
enforcement of any order issued by the office or the [executive director] 2040
commissioner, and for other appropriate relief. The court may issue 2041
such orders as are appropriate to aid in enforcement. 2042
Sec. 62. Subsections (a) and (b) of section 10a-34e of the general 2043
statutes are repealed and the following is substituted in lieu thereof 2044
(Effective from passage): 2045
(a) The Office of Higher Education may conduct any necessary 2046
review, inspection or investigation regarding applications for 2047
authorization or possible violations of this section, sections 10a-34 to 2048
10a-34d, inclusive, as amended by this act, section 10a-34g, as amended 2049
by this act, or any applicable regulations of Connecticut state agencies. 2050
In connection with any investigation, the [executive director] 2051
Governor's Bill No. 6660
LCO No. 4030 71 of 165
commissioner, or the [executive director's] commissioner's designee, 2052
may administer oaths, issue subpoenas, compel testimony and order the 2053
production of any record or document. If any person refuses to appear, 2054
testify or produce any record or document when so ordered, the 2055
[executive director] commissioner may seek relief pursuant to section 2056
10a-34d, as amended by this act. 2057
(b) If the [executive director of the Office] Commissioner of Higher 2058
Education determines that an institution of higher education that is not 2059
regionally accredited is exhibiting financial and administrative 2060
indicators that such institution is in danger of closing, the [executive 2061
director] commissioner may require such institution to facilitate a teach-2062
out, as defined in section 10a-22m, as amended by this act, provided the 2063
[executive director] commissioner and such institution previously 2064
discussed a teach-out that ensures that current students of such 2065
institution are able to complete their programs without significant 2066
impact. 2067
Sec. 63. Section 10a-34g of the general statutes is repealed and the 2068
following is substituted in lieu thereof (Effective from passage): 2069
(a) On and after January 1, 2020, any for-profit institution of higher 2070
education licensed to operate in the state that requires any student, as a 2071
condition of enrollment, to enter into an agreement that (1) limits 2072
participation in a class action against such institution, (2) limits any 2073
claim the student may have against such institution or the damages for 2074
such claim, or (3) requires the student to assert any claim against such 2075
institution in a forum that is less convenient, more costly or more 2076
dilatory for the resolution of a dispute than a judicial forum established 2077
in the state where the student may otherwise properly bring a claim, 2078
shall include in its application to the Office of Higher Education for 2079
authorization pursuant to section 10a-34, as amended by this act, a 2080
statement (A) disclosing the number of claims made against the 2081
institution, including claims made against a parent organization or 2082
subsidiary of the institution, by a student currently or formerly enrolled 2083
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at the institution, (B) a description of the nature of the rights asserted, 2084
and (C) the status of such claims. The institution shall submit additional 2085
details regarding such claims as the [executive director of the Office] 2086
Commissioner of Higher Education may require. 2087
(b) The [executive director of the Office] Commissioner of Higher 2088
Education may deny the application for initial or renewed license or 2089
accreditation of a for-profit institution of higher education or consider a 2090
for-profit institution of higher education ineligible to receive any public 2091
funds, including, but not limited to, federal funds administered by the 2092
office pursuant to section 10a-45 if (1) such institution fails to include 2093
the statement required under subsection (a) of this section in its 2094
application, or (2) upon review of such statement, the [executive 2095
director] commissioner determines that the public policy of protecting 2096
the interests of students in the state requires such denial. 2097
Notwithstanding the provisions of subsection (i) of section 10a-34, the 2098
[executive director] commissioner may deny the accreditation of an 2099
institution of higher education, for the purposes of this subsection, by 2100
refusing to accept or withdrawing any previous acceptance of regional 2101
accreditation made under subsection (i) of said section. 2102
(c) The [executive director of the Office] Commissioner of Higher 2103
Education shall have the authority granted under sections 10a-34a, as 2104
amended by this act, 10a-34b, as amended by this act, and 10a-34e, as 2105
amended by this act, to investigate and enforce the provisions of 2106
subsections (a) and (b) of this section. 2107
Sec. 64. Subsections (b) to (d), inclusive, of section 10a-34h of the 2108
general statutes are repealed and the following is substituted in lieu 2109
thereof (Effective from passage): 2110
(b) The Office of Higher Education shall enter into a memorandum of 2111
understanding with one or more accrediting agencies to conduct an 2112
annual financial screening of each independent institution of higher 2113
education in the state. If an independent institution of higher education 2114
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does not complete an annual financial screening with an accrediting 2115
agency, such financial screening shall be conducted by the office in the 2116
form and manner prescribed by the [executive director of said office] 2117
Commissioner of Higher Education. The office may determine that an 2118
independent institution of higher education is at risk of imminent 2119
closure through (1) a financial screening conducted by the office, or (2) 2120
acceptance by the office of such determination made by an accrediting 2121
agency. Upon determining that an independent institution of higher 2122
education is at risk of imminent closure, the office shall submit a 2123
summary of the reasons for such determination to such institution. 2124
(c) Upon receiving a summary from the Office of Higher Education 2125
that an independent institution of higher education has been 2126
determined to be at risk of imminent closure, such institution shall 2127
submit to the office, in the form and manner prescribed by the [executive 2128
director of said office] Commissioner of Higher Education, (1) notice of 2129
any known financial liability or risk, (2) any information necessary to 2130
accurately determine and monitor the institution's financial status and 2131
risk of imminent closure, and (3) an updated closure plan approved by 2132
the governing board of such institution pursuant to subsection (c) of 2133
section 10a-34e. 2134
(d) If any independent institution of higher education in the state fails 2135
to comply with the requirements of this section, the [executive director 2136
of the Office] Commissioner of Higher Education may request the 2137
suspension of any state funding designated for such institution, 2138
establish a date to suspend or revoke such institution's degree-granting 2139
authority or impose such other penalties the [executive director] 2140
commissioner deems appropriate. 2141
Sec. 65. Subsections (b) to (d), inclusive, of section 10a-35b of the 2142
general statutes are repealed and the following is substituted in lieu 2143
thereof (Effective from passage): 2144
(b) Not later than January 1, 2023, the [executive director of the Office] 2145
Governor's Bill No. 6660
LCO No. 4030 74 of 165
Commissioner of Higher Education, in consultation with the advisory 2146
council established pursuant to subsection (c) of this section, shall create 2147
a database of credentials offered in the state for the purpose of 2148
explaining the skills and competencies earned through a credential in 2149
uniform terms and plain language. In creating the database, the 2150
[executive director] commissioner shall utilize the minimum data policy 2151
of the New England Board of Higher Education's High Value 2152
Credentials for New England initiative, the uniform terms and 2153
descriptions of Credentials Engine's Credential Transparency 2154
Description Language and the uniform standards for comparing and 2155
linking credentials in Credential Engine's Credential Transparency 2156
Description Language-Achievement Standards Network. At a 2157
minimum, the database shall include the following information for each 2158
credential: (1) Credential status type, (2) the entity that owns or offers 2159
the credential, (3) the type of credential being offered, (4) a short 2160
description of the credential, (5) the name of the credential, (6) the 2161
Internet web site that provides information relating to the credential, (7) 2162
the language in which the credential is offered, (8) the estimated 2163
duration for completion, (9) the industry related to the credential which 2164
may include its code under the North American Industry Classification 2165
System, (10) the occupation related to the credential which may include 2166
its code under the standard occupational classification system of the 2167
Bureau of Labor Statistics of the United States Department of Labor or 2168
under The Occupational Information Network, (11) the estimated cost 2169
for earning the credential, and (12) a listing of online or physical 2170
locations where the credential is offered. 2171
(c) There is established an advisory council for the purpose of 2172
advising the [executive director of the Office] Commissioner of Higher 2173
Education on the implementation of the database created pursuant to 2174
subsection (b) of this section. The advisory council shall consist of (1) 2175
representatives from the Office of Workforce Strategy, Office of Higher 2176
Education, Office of Policy and Management, Labor Department, 2177
Department of Education, Connecticut State Colleges and Universities, 2178
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The University of Connecticut and independent institutions of higher 2179
education, and (2) the Chief Data Officer, or such officer's designee. The 2180
Chief Workforce Officer, the Chief Data Officer and the [executive 2181
director of the Office] Commissioner of Higher Education, or their 2182
designees, shall be cochairpersons of the advisory council and shall 2183
schedule the meetings of the advisory council. 2184
(d) Not later than July 1, 2024, and annually thereafter, each regional 2185
workforce development board, community action agency, as defined in 2186
section 17b-885, institution of higher education, private career school, 2187
provider of an alternate route to certification program approved by the 2188
State Board of Education, and provider of a training program listed on 2189
the Labor Department's Eligible Training Provider List shall submit 2190
information, in the form and manner prescribed by the [executive 2191
director of the Office] Commissioner of Higher Education, about any 2192
credential offered by such institution, school or provider for inclusion 2193
in the database created pursuant to subsection (b) of this section. Such 2194
information shall include, but need not be limited to, the data described 2195
in subdivisions (1) to (12), inclusive, of subsection (b) of this section, 2196
except an institution of higher education may omit the data required 2197
pursuant to subdivisions (6), (9) and (10) of subsection (b) of this section 2198
if such data is not applicable to a credential offered by such institution. 2199
Sec. 66. Subsection (a) of section 10a-35c of the general statutes is 2200
repealed and the following is substituted in lieu thereof (Effective from 2201
passage): 2202
(a) The Office of Workforce Strategy, established pursuant to section 2203
4-124w, as amended by this act, shall, in consultation with the Chief 2204
Data Officer, the Board of Trustees of The University of Connecticut, the 2205
Board of Regents for Higher Education, the Labor Commissioner, the 2206
Commissioner of Education, the [executive director of the Office] 2207
Commissioner of Higher Education or any other stakeholder as 2208
identified by the Chief Workforce Officer, establish standards for 2209
designating certain credentials, as defined in section 10a-34h, as 2210
Governor's Bill No. 6660
LCO No. 4030 76 of 165
amended by this act, as credentials of value. Such standards may 2211
include, but need not be limited to, meeting the workforce needs of 2212
employers in the state, completion rates, net cost, whether the credential 2213
transfers to or stacks onto another credential of value, average time to 2214
completion, types of employment opportunities available upon 2215
completion and earnings upon completion. The Office of Workforce 2216
Strategy shall not require the submission of an application or any other 2217
information from a provider of a credential for such credential to be 2218
designated a credential of value. 2219
Sec. 67. Subsections (b) to (d), inclusive, of section 10a-44d of the 2220
general statutes are repealed and the following is substituted in lieu 2221
thereof (Effective from passage): 2222
(b) There is established the Connecticut Open Educational Resource 2223
Coordinating Council, which shall be part of the Executive Department. 2224
The [executive director of the Office] Commissioner of Higher 2225
Education shall appoint the members of the council which shall consist 2226
of the following: (1) A state-wide coordinator, who shall collaborate 2227
with all institutions of higher education to promote open educational 2228
resources and administer grants; (2) one faculty member, one 2229
administrator and one staff member from The University of 2230
Connecticut; (3) one faculty member, one administrator and one staff 2231
member from the regional community-technical college system; (4) one 2232
faculty member, one administrator and one staff member from Charter 2233
Oak State College; (5) one faculty member, one administrator and one 2234
staff member from the Connecticut State University System; (6) one 2235
faculty member, one administrator and one staff member from the 2236
independent institutions of higher education; and (7) one student from 2237
any public or independent institution of higher education in the state. 2238
All initial appointments to the council shall be made not later than 2239
September 1, 2019, and shall expire on August 30, 2022, regardless of 2240
when the initial appointment was made. Any member of the council 2241
may serve more than one term. 2242
Governor's Bill No. 6660
LCO No. 4030 77 of 165
(c) The state-wide coordinator appointed by the [executive director 2243
of the Office] Commissioner of Higher Education shall serve as the 2244
chairperson of the council. The chairperson shall schedule the first 2245
meeting of the council, which shall be held not later than October 1, 2246
2019. The administrative staff of the Office of Higher Education shall 2247
serve as administrative staff of the council. 2248
(d) Appointed members of the council shall serve for three-year terms 2249
which shall commence on the date of appointment, except as provided 2250
in subsection (b) of this section. Members shall continue to serve until 2251
their successors are appointed. Any vacancy shall be filled by the 2252
[executive director of the Office] Commissioner of Higher Education. 2253
Any vacancy occurring other than by expiration of term shall be filled 2254
for the balance of the unexpired term. A majority of the council shall 2255
constitute a quorum for the transaction of any business. The members 2256
of the council shall serve without compensation, but shall, within the 2257
limits of available funds, be reimbursed for expenses necessarily 2258
incurred in the performance of their duties. 2259
Sec. 68. Subsection (c) of section 10a-48 of the general statutes is 2260
repealed and the following is substituted in lieu thereof (Effective from 2261
passage): 2262
(c) There is established a Connecticut Campus Compact for Student 2263
Community Service to review opportunities and initiatives for, and 2264
develop plans to encourage and support, student community service 2265
programs at institutions of higher education in the state or which 2266
involve cooperation and coordination among such institutions. The 2267
compact shall be composed of the chief executive officer or president of 2268
each public and independent institution of higher education in the state 2269
and the [executive director of the Office] Commissioner of Higher 2270
Education, or their designees. On or before October 1, 1989, and at least 2271
annually thereafter, the [executive director of the Office] Commissioner 2272
of Higher Education shall convene the members of the compact. 2273
Governor's Bill No. 6660
LCO No. 4030 78 of 165
Sec. 69. Section 10a-48b of the general statutes is repealed and the 2274
following is substituted in lieu thereof (Effective from passage): 2275
The Office of Higher Education may, within the limits of available 2276
appropriations, provide grants on a competitive basis to public and 2277
nonprofit service entities seeking to participate in the federal National 2278
and Community Service Trust Program pursuant to 42 USC 12501 et 2279
seq., in order to assist such service entities in meeting federal matching 2280
fund requirements for service placements, provided no grant shall 2281
exceed one-half of the federally unreimbursed cost to the service entity 2282
for providing such placements. Applications for grants pursuant to this 2283
section shall be made at such time and in such manner as the [executive 2284
director of the Office] Commissioner of Higher Education prescribes. 2285
Sec. 70. Section 10a-55y of the general statutes is repealed and the 2286
following is substituted in lieu thereof (Effective from passage): 2287
The [executive director of the Office] Commissioner of Higher 2288
Education and the Commissioner of Mental Health and Addiction 2289
Services, in consultation with an epidemiologist or other specialist with 2290
expertise in mental health issues at institutions of higher education, may 2291
jointly offer training workshops for the campus mental health coalitions 2292
established pursuant to section 10a-55x regarding best practices for the 2293
assessment and provision of mental health services and programming 2294
at institutions of higher education. 2295
Sec. 71. Section 10a-57 of the general statutes is repealed and the 2296
following is substituted in lieu thereof (Effective from passage): 2297
The [executive director of the Office] Commissioner of Higher 2298
Education shall report on or before March 1, 2013, and annually 2299
thereafter, in accordance with the provisions of section 11-4a, to the joint 2300
standing committees of the General Assembly having cognizance of 2301
matters relating to higher education and appropriations and the 2302
budgets of state agencies on state, regional and national trends 2303
regarding Connecticut higher education, including, but not limited to, 2304
Governor's Bill No. 6660
LCO No. 4030 79 of 165
expenditures, funding, enrollment, faculty and staff positions, cost 2305
sharing and student financial aid. The Office of Higher Education shall 2306
collect such data and information as it deems necessary for the 2307
development of such annual report. 2308
Sec. 72. Subdivision (2) of subsection (a) of section 10a-77a of the 2309
general statutes is repealed and the following is substituted in lieu 2310
thereof (Effective from passage): 2311
(2) (A) For each of the fiscal years ending June 30, 2000, to June 30, 2312
2006, inclusive, as part of the state contract with donors of endowment 2313
fund eligible gifts, the Office of Higher Education, in accordance with 2314
section 10a-8b, shall deposit in the Endowment Fund for the 2315
Community-Technical College System a grant in an amount equal to 2316
half of the total amount of endowment fund eligible gifts received by or 2317
for the benefit of the community-technical college system as a whole and 2318
each regional community-technical college for the calendar year ending 2319
the December thirty-first preceding the commencement of such fiscal 2320
year, as certified by the chairperson of the board of trustees by February 2321
fifteenth to (i) the Secretary of the Office of Policy and Management, (ii) 2322
the joint standing committee of the General Assembly having 2323
cognizance of matters relating to appropriations and the budgets of state 2324
agencies, and (iii) the [executive director of the Office] Commissioner of 2325
Higher Education, provided such sums do not exceed the endowment 2326
fund state grant maximum commitment for the fiscal year in which the 2327
grant is made. 2328
(B) For each of the fiscal years ending June 30, 2007, to June 30, 2014, 2329
inclusive, as part of the state contract with donors of endowment fund 2330
eligible gifts, the Office of Higher Education, in accordance with section 2331
10a-8b, shall deposit in the Endowment Fund for the Community-2332
Technical College System a grant in an amount equal to one-quarter of 2333
the total amount of endowment fund eligible gifts, except as provided 2334
in this subdivision, received by or for the benefit of the community-2335
technical college system as a whole and each regional community-2336
Governor's Bill No. 6660
LCO No. 4030 80 of 165
technical college for the calendar year ending the December thirty-first 2337
preceding the commencement of such fiscal year, as certified by the 2338
chairperson of the board of trustees by February fifteenth to (i) the 2339
Secretary of the Office of Policy and Management, (ii) the joint standing 2340
committee of the General Assembly having cognizance of matters 2341
relating to appropriations and the budgets of state agencies, and (iii) the 2342
[executive director of the Office] Commissioner of Higher Education, 2343
provided such sums do not exceed the endowment fund state grant 2344
maximum commitment for the fiscal year in which the grant is made. 2345
Endowment fund eligible gifts that meet the criteria set forth in this 2346
subdivision, made by donors during the period from January 1, 2005, to 2347
June 30, 2005, shall continue to be matched by the Office of Higher 2348
Education in an amount equal to one-half of the total amount of 2349
endowment fund eligible gifts received. Commitments by donors to 2350
make endowment fund eligible gifts for two or more years that meet the 2351
criteria set forth in this subdivision and that are made for the period 2352
prior to December 31, 2004, but ending before December 31, 2012, shall 2353
continue to be matched by the Office of Higher Education in an amount 2354
equal to one-half of the total amount of endowment fund eligible gifts 2355
received through the commitment. 2356
(C) In any such fiscal year in which the total of the eligible gifts 2357
received by the community-technical colleges exceeds the endowment 2358
fund state grant maximum commitment for such fiscal year the amount 2359
in excess of such endowment fund state grant maximum commitment 2360
shall be carried forward and be eligible for a matching state grant in any 2361
succeeding fiscal year from the fiscal year ending June 30, 2000, to the 2362
fiscal year ending June 30, 2014, inclusive, subject to the endowment 2363
fund state grant maximum commitment. Any endowment fund eligible 2364
gifts that are not included in the total amount of endowment fund 2365
eligible gifts certified by the chairperson of the board of trustees 2366
pursuant to this subdivision may be carried forward and be eligible for 2367
a matching state grant in any succeeding fiscal year from the fiscal year 2368
ending June 30, 2000, to the fiscal year ending June 30, 2014, inclusive, 2369
Governor's Bill No. 6660
LCO No. 4030 81 of 165
subject to the endowment fund state matching grant commitment for 2370
such fiscal year. 2371
Sec. 73. Subdivision (2) of subsection (a) of section 10a-99a of the 2372
general statutes is repealed and the following is substituted in lieu 2373
thereof (Effective from passage): 2374
(2) (A) For each of the fiscal years ending June 30, 2000, to June 30, 2375
2006, inclusive, as part of the state contract with donors of endowment 2376
fund eligible gifts, the Office of Higher Education, in accordance with 2377
section 10a-8b, shall deposit in the Endowment Fund for the 2378
Connecticut State University System a grant in an amount equal to half 2379
of the total amount of endowment fund eligible gifts received by or for 2380
the benefit of the Connecticut State University System as a whole and 2381
each state university for the calendar year ending the December thirty-2382
first preceding the commencement of such fiscal year, as certified by the 2383
chairperson of the board of trustees by February fifteenth to (i) the 2384
Secretary of the Office of Policy and Management, (ii) the joint standing 2385
committee of the General Assembly having cognizance of matters 2386
relating to appropriations and the budgets of state agencies, and (iii) the 2387
[executive director of the Office] Commissioner of Higher Education, 2388
provided such sums do not exceed the endowment fund state grant 2389
maximum commitment for the fiscal year in which the grant is made. 2390
(B) For each of the fiscal years ending June 30, 2007, to June 30, 2014, 2391
inclusive, as part of the state contract with donors of endowment fund 2392
eligible gifts, the Office of Higher Education, in accordance with section 2393
10a-8b, shall deposit in the Endowment Fund for the Connecticut State 2394
University System a grant in an amount equal to one-quarter of the total 2395
amount of endowment fund eligible gifts, except as provided for in this 2396
subdivision, received by or for the benefit of the Connecticut State 2397
University System as a whole and each state university for the calendar 2398
year ending the December thirty-first preceding the commencement of 2399
such fiscal year, as certified by the chairperson of the board of trustees 2400
by February fifteenth to (i) the Secretary of the Office of Policy and 2401
Governor's Bill No. 6660
LCO No. 4030 82 of 165
Management, (ii) the joint standing committee of the General Assembly 2402
having cognizance of matters relating to appropriations and the budgets 2403
of state agencies, and (iii) the [executive director of the Office] 2404
Commissioner of Higher Education, provided such sums do not exceed 2405
the endowment fund state grant maximum commitment for the fiscal 2406
year in which the grant is made. Endowment fund eligible gifts that 2407
meet the criteria set forth in this subdivision, made by donors during 2408
the period from January 1, 2005, to June 30, 2005, shall continue to be 2409
matched by the Office of Higher Education in an amount equal to one-2410
half of the total amount of endowment fund eligible gifts received. 2411
Commitments by donors to make endowment fund eligible gifts for two 2412
or more years that meet the criteria set forth in this subdivision and that 2413
are made for the period prior to December 31, 2004, but ending before 2414
December 31, 2012, shall continue to be matched by the Office of Higher 2415
Education in an amount equal to one-half of the total amount of 2416
endowment fund eligible gifts received. 2417
(C) In any such fiscal year in which the total of the eligible gifts 2418
received by the Connecticut State University System as a whole and 2419
each state university exceed the endowment fund state grant maximum 2420
commitment for such fiscal year the amount in excess of such 2421
endowment fund state grant maximum commitment shall be carried 2422
forward and be eligible for a matching state grant in any succeeding 2423
fiscal year from the fiscal year ending June 30, 2000, to the fiscal year 2424
ending June 30, 2014, inclusive, subject to the endowment fund state 2425
grant maximum commitment. Any endowment fund eligible gifts that 2426
are not included in the total amount of endowment fund eligible gifts 2427
certified by the chairperson of the board of trustees pursuant to this 2428
subdivision may be carried forward and be eligible for a matching state 2429
grant in any succeeding fiscal year from the fiscal year ending June 30, 2430
2000, to the fiscal year ending June 30, 2014, inclusive, subject to the 2431
endowment fund state matching grant maximum commitment for such 2432
fiscal year. 2433
Sec. 74. Subsection (a) of section 10a-104 of the general statutes is 2434
Governor's Bill No. 6660
LCO No. 4030 83 of 165
repealed and the following is substituted in lieu thereof (Effective from 2435
passage): 2436
(a) The Board of Trustees of The University of Connecticut shall: (1) 2437
Make rules for the government of the university and shall determine the 2438
general policies of the university, including those concerning the 2439
admission of students and the establishment of schools, colleges, 2440
divisions and departments, which policies shall be consistent with the 2441
goals identified in section 10a-11c, and shall direct the expenditure of 2442
the university's funds within the amounts available; (2) develop the 2443
mission statement for The University of Connecticut, and all campuses 2444
thereof, that shall be consistent with such goals and include, but not be 2445
limited to, the following elements: (A) The educational needs of and 2446
constituencies served by said university and campuses; (B) the degrees 2447
offered by said university; and (C) the role and scope of each institution 2448
and campus within the university system, which shall include each 2449
institution's and campus' particular strengths and specialties; (3) 2450
establish policies for the university system and for the individual 2451
institutions and campuses under its jurisdiction; (4) review and approve 2452
recommendations for the establishment of new academic programs; (5) 2453
report all new programs and program changes to the Office of Higher 2454
Education; (6) make recommendations, when appropriate, regarding 2455
institutional or campus mergers or closures; (7) coordinate the programs 2456
and services of the institutions and campuses under its jurisdiction; (8) 2457
be authorized to enter into agreements, consistent with the provisions 2458
of section 5-141d, to save harmless and indemnify sponsors of research 2459
grants to The University of Connecticut, provided such an agreement is 2460
required to receive the grant and limits liability to damages or injury 2461
resulting from acts or omissions related to such research by employees 2462
of the university; (9) promote fund-raising to assist the university and 2463
report to the [executive director of the Office] Commissioner of Higher 2464
Education and the joint standing committee of the General Assembly 2465
having cognizance of matters relating to education by January 1, 1994, 2466
and biennially thereafter, on such fund-raising; (10) charge the direct 2467
Governor's Bill No. 6660
LCO No. 4030 84 of 165
costs for a building project under its jurisdiction to the bond fund 2468
account for such project, provided (A) such costs are charged in 2469
accordance with a procedure approved by the Treasurer and (B) nothing 2470
in this subdivision shall permit the charging of working capital costs, as 2471
defined in the applicable provisions of the Internal Revenue Code of 2472
1986, or any subsequent corresponding internal revenue code of the 2473
United States, as from time to time amended, or costs originally paid 2474
from sources other than the bond fund account; (11) exercise the powers 2475
delegated to it pursuant to section 10a-109d; and (12) establish by 2476
October 1, 1997, policies governing the acceptance of gifts made by a 2477
foundation established pursuant to sections 4-37e and 4-37f to the 2478
university or its employees for reimbursement of expenditures or 2479
payment of expenditures on behalf of the university or its employees. 2480
Sec. 75. Subdivision (2) of subsection (b) of section 10a-109i of the 2481
general statutes is repealed and the following is substituted in lieu 2482
thereof (Effective from passage): 2483
(2) (A) For each of the fiscal years ending June 30, 1999, to June 30, 2484
2006, inclusive, as part of the state contract with donors of endowment 2485
fund eligible gifts, the Office of Higher Education, in accordance with 2486
section 10a-8b, shall deposit in the endowment fund for the university a 2487
grant in an amount equal to half of the total amount of endowment fund 2488
eligible gifts, except as provided in this subparagraph, received by the 2489
university or for the benefit of the university for the calendar year 2490
ending the December thirty-first preceding the commencement of such 2491
fiscal year, as certified by the chairperson of the board of trustees by 2492
February fifteenth to (i) the Secretary of the Office of Policy and 2493
Management, (ii) the joint standing committee of the General Assembly 2494
having cognizance of matters relating to appropriations and the budgets 2495
of state agencies, and (iii) the [executive director of the Office] 2496
Commissioner of Higher Education, provided such sums do not exceed 2497
the endowment fund state grant maximum commitment for the fiscal 2498
year in which the grant is made. For the fiscal years ending June 30, 1999, 2499
and June 30, 2000, the Office of Higher Education shall deposit in the 2500
Governor's Bill No. 6660
LCO No. 4030 85 of 165
endowment fund for the university grants in total amounts which shall 2501
not exceed the endowment fund state grant, as defined in subdivision 2502
(7) of section 10a-109c of the general statutes, revision of 1958, revised 2503
to January 1, 1997, and which shall be equal to the amounts certified by 2504
the chairperson of the board of trustees for each such fiscal year of 2505
endowment fund eligible gifts received by the university or for the 2506
benefit of the university and for which written commitments were made 2507
prior to July 1, 1997. For the fiscal year ending June 30, 1999, the funds 2508
required to be deposited in the endowment fund pursuant to this 2509
subparagraph shall be appropriated to the university for such purpose 2510
and not appropriated to the fund established pursuant to section 10a-2511
8b. 2512
(B) For each of the fiscal years ending June 30, 2007, to June 30, 2014, 2513
inclusive, as part of the state contract with donors of endowment fund 2514
eligible gifts, the Office of Higher Education, in accordance with section 2515
10a-8b, shall deposit in the endowment fund for the university a grant 2516
in an amount equal to one-quarter of the total amount of endowment 2517
fund eligible gifts, except as provided in this subdivision, received by 2518
the university or for the benefit of the university for the calendar year 2519
ending the December thirty-first preceding the commencement of such 2520
fiscal year, as certified by the chairperson of the board of trustees by 2521
February fifteenth to (i) the Secretary of the Office of Policy and 2522
Management, (ii) the joint standing committee of the General Assembly 2523
having cognizance of matters relating to appropriations and the budgets 2524
of state agencies, and (iii) the [executive director of the Office] 2525
Commissioner of Higher Education, provided such sums do not exceed 2526
the endowment fund state grant maximum commitment for the fiscal 2527
year in which the grant is made. Endowment fund eligible gifts that 2528
meet the criteria set forth in this subdivision, made by donors during 2529
the period from January 1, 2005, to June 30, 2005, shall continue to be 2530
matched by the Office of Higher Education in an amount equal to one-2531
half of the total amount of endowment fund eligible gifts received. 2532
Commitments by donors to make endowment fund eligible gifts for two 2533
Governor's Bill No. 6660
LCO No. 4030 86 of 165
or more years that meet the criteria set forth in this subdivision and that 2534
are made for the period prior to December 31, 2004, but ending before 2535
December 31, 2012, shall continue to be matched by the Office of Higher 2536
Education in an amount equal to one-half of the total amount of 2537
endowment fund eligible gifts received through the commitment. 2538
(C) In any such fiscal year in which the eligible gifts received by the 2539
university exceed the endowment fund state grant maximum 2540
commitment for such fiscal year, the amount in excess of such 2541
endowment fund state grant maximum commitment for such fiscal year 2542
shall be carried forward and be eligible for a matching state grant in any 2543
succeeding fiscal year, from the fiscal year ending June 30, 1999, to the 2544
fiscal year ending June 30, 2014, inclusive, subject to the endowment 2545
fund state grant maximum commitment for such fiscal year. Any 2546
endowment fund eligible gifts that are not included in the total amount 2547
of endowment fund eligible gifts certified by the chairperson of the 2548
board of trustees pursuant to this subparagraph may be carried forward 2549
and be eligible for a matching state grant in any succeeding fiscal year 2550
from the fiscal year ending June 30, 2000, to the fiscal year ending June 2551
30, 2014, inclusive, subject to the endowment fund state matching grant 2552
maximum commitment for such fiscal year. 2553
Sec. 76. Subdivision (2) of subsection (a) of section 10a-143a of the 2554
general statutes is repealed and the following is substituted in lieu 2555
thereof (Effective from passage): 2556
(2) (A) For each of the fiscal years ending June 30, 2000, to June 30, 2557
2006, inclusive, as part of the state contract with donors of endowment 2558
fund eligible gifts, the Office of Higher Education, in accordance with 2559
section 10a-8b, shall deposit in the Endowment Fund for Charter Oak 2560
State College a grant in an amount equal to half of the total amount of 2561
endowment fund eligible gifts received by or for the benefit of Charter 2562
Oak State College for the calendar year ending the December thirty-first 2563
preceding the commencement of such fiscal year, as certified by the 2564
chairperson of the Board of Regents for Higher Education by February 2565
Governor's Bill No. 6660
LCO No. 4030 87 of 165
fifteenth to (i) the Secretary of the Office of Policy and Management, (ii) 2566
the joint standing committee of the General Assembly having 2567
cognizance of matters relating to appropriations and the budgets of state 2568
agencies, and (iii) the [executive director of the Office] Commissioner of 2569
Higher Education, provided such sums do not exceed the endowment 2570
fund state grant maximum commitment for the fiscal year in which the 2571
grant is made. 2572
(B) For each of the fiscal years ending June 30, 2007, to June 30, 2014, 2573
inclusive, as part of the state contract with donors of endowment fund 2574
eligible gifts, the Office of Higher Education, in accordance with section 2575
10a-8b, shall deposit in the Endowment Fund for Charter Oak State 2576
College a grant in an amount equal to one-quarter of the total amount 2577
of endowment fund eligible gifts, except as provided in this subdivision, 2578
received by or for the benefit of Charter Oak State College for the 2579
calendar year ending the December thirty-first preceding the 2580
commencement of such fiscal year, as certified by the chairperson of the 2581
Board of Regents for Higher Education by February fifteenth to (i) the 2582
Secretary of the Office of Policy and Management, (ii) the joint standing 2583
committee of the General Assembly having cognizance of matters 2584
relating to appropriations and the budgets of state agencies, and (iii) the 2585
[executive director of the Office] Commissioner of Higher Education, 2586
provided such sums do not exceed the endowment fund state grant 2587
maximum commitment for the fiscal year in which the grant is made. 2588
Endowment fund eligible gifts that meet the criteria set forth in this 2589
subdivision, made by donors during the period from January 1, 2005, to 2590
June 30, 2005, shall continue to be matched by the Office of Higher 2591
Education in an amount equal to one-half of the total amount of 2592
endowment fund eligible gifts received. Commitments by donors to 2593
make endowment fund eligible gifts for two or more years that meet the 2594
criteria set forth in this subdivision and that are made for the period 2595
prior to December 31, 2004, but ending before December 31, 2012, shall 2596
continue to be matched by the Office of Higher Education in an amount 2597
equal to one-half of the total amount of endowment fund eligible gifts 2598
Governor's Bill No. 6660
LCO No. 4030 88 of 165
received through the commitment. 2599
(C) In any such fiscal year in which the total of the eligible gifts 2600
received by Charter Oak State College exceeds the endowment fund 2601
state grant maximum commitment for such fiscal year the amount in 2602
excess of such endowment fund state grant maximum commitment 2603
shall be carried forward and be eligible for a matching state grant in any 2604
succeeding fiscal year from the fiscal year ending June 30, 2000, to the 2605
fiscal year ending June 30, 2014, inclusive, subject to the endowment 2606
fund state grant maximum commitment. Any endowment fund eligible 2607
gifts that are not included in the total amount of endowment fund 2608
eligible gifts certified by the chairperson of the Board of Regents for 2609
Higher Education pursuant to this subdivision may be carried forward 2610
and be eligible for a matching state grant in any succeeding fiscal year 2611
from the fiscal year ending June 30, 2000, to the fiscal year ending June 2612
30, 2014, inclusive, subject to the endowment fund state matching grant 2613
maximum commitment for such fiscal year. 2614
Sec. 77. Section 10a-164b of the general statutes is repealed and the 2615
following is substituted in lieu thereof (Effective from passage): 2616
(a) For the fiscal years ending June 30, 2023, to June 30, 2025, 2617
inclusive, the Office of Higher Education shall administer a grant 2618
program to provide grants to public and independent institutions of 2619
higher education, for the delivery of mental health services to students 2620
on campus. 2621
(b) On and after January 1, 2023, applications for grants pursuant to 2622
subsection (a) of this section shall be filed with the [executive director of 2623
the Office] Commissioner of Higher Education at such time, and in such 2624
manner, as the [executive director] commissioner prescribes. As part of 2625
the application, the applicant shall submit a plan for the expenditure of 2626
grant funds. 2627
(c) For the fiscal year ending June 30, 2023, the [executive director of 2628
the Office] Commissioner of Higher Education may award a grant to an 2629
Governor's Bill No. 6660
LCO No. 4030 89 of 165
applicant and shall determine the amount of the grant award based on 2630
the plan submitted by such applicant pursuant to subsection (b) of this 2631
section. The [executive director] commissioner shall pay a grant to each 2632
grant recipient in each of the fiscal years ending June 30, 2023, to June 2633
30, 2025, inclusive, as follows: (1) For the fiscal year ending June 30, 2023, 2634
the amount of the grant shall be as determined by the commissioner 2635
under this subsection; (2) for the fiscal year ending June 30, 2024, the 2636
amount of the grant shall be the same amount as the grant awarded for 2637
the prior fiscal year; and (3) for the fiscal year ending June 30, 2025, the 2638
amount of the grant shall be seventy per cent of the amount of the grant 2639
awarded for the prior fiscal year. 2640
(d) Grant recipients shall file expenditure reports with the [executive 2641
director of the Office] Commissioner of Higher Education at such time 2642
and in such manner as the [executive director] commissioner prescribes. 2643
A grant recipient shall only expend grant funds received under this 2644
section in accordance with the plan submitted pursuant to subsection 2645
(b) of this section, and a grant recipient may not use such grant funds 2646
received under this section for the purpose of any operating expenses 2647
that existed prior to receipt of such grant. Grant recipients shall refund 2648
to the Office of Higher Education (1) any unexpended amounts at the 2649
close of the fiscal year in which the grant was awarded, and (2) any 2650
amounts not expended in accordance with the plan for which such grant 2651
application was approved. 2652
(e) Each grant recipient, in collaboration with the Office of Higher 2653
Education, shall develop metrics to annually track and calculate the 2654
utilization rate of the grant program for such grant recipient in order to 2655
measure the success of the program. Such grant recipient shall annually 2656
submit such metrics and utilization rate to the office. 2657
(f) For the purposes of carrying out the provisions of this section, the 2658
Office of Higher Education may accept funds from private sources or 2659
any other state agency, gifts, grants and donations, including, but not 2660
limited to, in-kind contributions. 2661
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(g) (1) Not later than January 1, 2024, and each January first thereafter, 2662
until and including January 1, 2026, the [executive director of the Office] 2663
Commissioner of Higher Education shall submit a report, in accordance 2664
with the provisions of section 11-4a, on the utilization rate for each grant 2665
recipient calculated pursuant to subsection (e) of this section, to the joint 2666
standing committee of the General Assembly having cognizance of 2667
matters relating to higher education. 2668
(2) Not later than January 1, 2026, the [executive director] 2669
commissioner shall develop recommendations concerning (A) whether 2670
such grant program should be extended and funded for the fiscal year 2671
ending June 30, 2026, and each fiscal year thereafter, and (B) the amount 2672
of the grant award under the program. The [executive director] 2673
commissioner shall submit such recommendations, in accordance with 2674
the provisions of section 11-4a, to the joint standing committee of the 2675
General Assembly having cognizance of matters relating to higher 2676
education. 2677
Sec. 78. Subsection (d) of section 10a-168b of the general statutes is 2678
repealed and the following is substituted in lieu thereof (Effective from 2679
passage): 2680
(d) Persons may apply to the Office of Higher Education for grants 2681
under this section at such time and in such manner as the [executive 2682
director of the Office] Commissioner of Higher Education prescribes. 2683
Sec. 79. Subsection (b) of section 2-124a of the general statutes is 2684
repealed and the following is substituted in lieu thereof (Effective from 2685
passage): 2686
(b) Appointments to the working group pursuant to subsection (a) of 2687
this section shall include, but need not be limited to, the [executive 2688
director of the Office] Commissioner of Health Strategy, or such 2689
[executive director's] commissioner's designee, and representatives 2690
from the insurance industry, the health care industry, the Connecticut 2691
Education Network, broadband Internet service providers, the 2692
Governor's Bill No. 6660
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Connecticut Technology Council, the bioscience industry and public or 2693
private universities and research institutions. The working group shall 2694
also include the Consumer Counsel, or the Consumer Counsel's 2695
designee. All appointments to the working group shall be made not later 2696
than thirty days after June 30, 2017. Any member of the working group 2697
established pursuant to this section may be a member of the working 2698
group established pursuant to special act 16-20 or a member of the 2699
General Assembly or the Commission on Economic Competitiveness. 2700
Sec. 80. Subdivision (9) of subsection (b) of section 2-137 of the general 2701
statutes is repealed and the following is substituted in lieu thereof 2702
(Effective from passage): 2703
(9) The [executive director of the Office] Commissioner of Health 2704
Strategy, or the [executive director's] commissioner's designee; 2705
Sec. 81. Section 4-5 of the general statutes is repealed and the 2706
following is substituted in lieu thereof (Effective from passage): 2707
As used in sections 4-6, 4-7 and 4-8, the term "department head" 2708
means Secretary of the Office of Policy and Management, Commissioner 2709
of Administrative Services, Commissioner of Revenue Services, 2710
Banking Commissioner, Commissioner of Children and Families, 2711
Commissioner of Consumer Protection, Commissioner of Correction, 2712
Commissioner of Economic and Community Development, State Board 2713
of Education, Commissioner of Emergency Services and Public 2714
Protection, Commissioner of Energy and Environmental Protection, 2715
Commissioner of Agriculture, Commissioner of Public Health, 2716
Insurance Commissioner, Labor Commissioner, Commissioner of 2717
Mental Health and Addiction Services, Commissioner of Social Services, 2718
Commissioner of Developmental Services, Commissioner of Motor 2719
Vehicles, Commissioner of Transportation, Commissioner of Veterans 2720
Affairs, Commissioner of Housing, Commissioner of Aging and 2721
Disability Services, the Commissioner of Early Childhood, the 2722
[executive director of the Office] Commissioner of Health Strategy, the 2723
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LCO No. 4030 92 of 165
executive director of the Office of Military Affairs, the executive director 2724
of the Technical Education and Career System, the Chief Workforce 2725
Officer and the executive director of the Office of Higher Education. As 2726
used in sections 4-6 and 4-7, "department head" also means the 2727
Commissioner of Education. 2728
Sec. 82. Subsections (b) to (f), inclusive, of section 17b-59a of the 2729
general statutes are repealed and the following is substituted in lieu 2730
thereof (Effective from passage): 2731
(b) The Commissioner of Social Services, in consultation with the 2732
[executive director of the Office] Commissioner of Health Strategy, 2733
established under section 19a-754a, as amended by this act, shall (1) 2734
develop, throughout the Departments of Developmental Services, 2735
Public Health, Correction, Children and Families, Veterans Affairs and 2736
Mental Health and Addiction Services, uniform management 2737
information, uniform statistical information, uniform terminology for 2738
similar facilities, and uniform electronic health information technology 2739
standards, (2) plan for increased participation of the private sector in the 2740
delivery of human services, and (3) provide direction and coordination 2741
to federally funded programs in the human services agencies and 2742
recommend uniform system improvements and reallocation of physical 2743
resources and designation of a single responsibility across human 2744
services agencies lines to facilitate shared services and eliminate 2745
duplication. 2746
(c) The [executive director of the Office] Commissioner of Health 2747
Strategy shall, in consultation with the Commissioner of Social Services 2748
and the State Health Information Technology Advisory Council, 2749
established pursuant to section 17b-59f, as amended by this act, 2750
implement and periodically revise the state-wide health information 2751
technology plan established pursuant to this section and shall establish 2752
electronic data standards to facilitate the development of integrated 2753
electronic health information systems for use by health care providers 2754
and institutions that receive state funding. Such electronic data 2755
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standards shall: (1) Include provisions relating to security, privacy, data 2756
content, structures and format, vocabulary and transmission protocols; 2757
(2) limit the use and dissemination of an individual's Social Security 2758
number and require the encryption of any Social Security number 2759
provided by an individual; (3) require privacy standards no less 2760
stringent than the "Standards for Privacy of Individually Identifiable 2761
Health Information" established under the Health Insurance Portability 2762
and Accountability Act of 1996, P.L. 104-191, as amended from time to 2763
time, and contained in 45 CFR 160, 164; (4) require that individually 2764
identifiable health information be secure and that access to such 2765
information be traceable by an electronic audit trail; (5) be compatible 2766
with any national data standards in order to allow for interstate 2767
interoperability; (6) permit the collection of health information in a 2768
standard electronic format; and (7) be compatible with the requirements 2769
for an electronic health information system. 2770
(d) The [executive director of the Office] Commissioner of Health 2771
Strategy shall, within existing resources and in consultation with the 2772
State Health Information Technology Advisory Council: (1) Oversee the 2773
development and implementation of the State-wide Health Information 2774
Exchange in conformance with section 17b-59d, as amended by this act; 2775
(2) coordinate the state's health information technology and health 2776
information exchange efforts to ensure consistent and collaborative 2777
cross-agency planning and implementation; and (3) serve as the state 2778
liaison to, and work collaboratively with, the State-wide Health 2779
Information Exchange established pursuant to section 17b-59d, as 2780
amended by this act, to ensure consistency between the state-wide 2781
health information technology plan and the State-wide Health 2782
Information Exchange and to support the state's health information 2783
technology and exchange goals. 2784
(e) The state-wide health information technology plan, implemented 2785
and periodically revised pursuant to subsection (c) of this section, shall 2786
enhance interoperability to support optimal health outcomes and 2787
include, but not be limited to (1) general standards and protocols for 2788
Governor's Bill No. 6660
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health information exchange, and (2) national data standards to support 2789
secure data exchange data standards to facilitate the development of a 2790
state-wide, integrated electronic health information system for use by 2791
health care providers and institutions that are licensed by the state. Such 2792
electronic data standards shall (A) include provisions relating to 2793
security, privacy, data content, structures and format, vocabulary and 2794
transmission protocols, (B) be compatible with any national data 2795
standards in order to allow for interstate interoperability, (C) permit the 2796
collection of health information in a standard electronic format, and (D) 2797
be compatible with the requirements for an electronic health 2798
information system. 2799
(f) Not later than February 1, 2017, and annually thereafter, the 2800
[executive director of the Office] Commissioner of Health Strategy, in 2801
consultation with the State Health Information Technology Advisory 2802
Council, shall report in accordance with the provisions of section 11-4a 2803
to the joint standing committees of the General Assembly having 2804
cognizance of matters relating to human services and public health 2805
concerning: (1) The development and implementation of the state-wide 2806
health information technology plan and data standards, established and 2807
implemented by the [executive director of the Office] Commissioner of 2808
Health Strategy pursuant to this section; (2) the establishment of the 2809
State-wide Health Information Exchange; and (3) recommendations for 2810
policy, regulatory and legislative changes and other initiatives to 2811
promote the state's health information technology and exchange goals. 2812
Sec. 83. Subsections (d) to (g), inclusive, of section 17b-59d of the 2813
general statutes are repealed and the following is substituted in lieu 2814
thereof (Effective from passage): 2815
(d) (1) The [executive director of the Office] Commissioner of Health 2816
Strategy, in consultation with the Secretary of the Office of Policy and 2817
Management and the State Health Information Technology Advisory 2818
Council, established pursuant to section 17b-59f, as amended by this act, 2819
shall, upon the approval by the State Bond Commission of bond funds 2820
Governor's Bill No. 6660
LCO No. 4030 95 of 165
authorized by the General Assembly for the purposes of establishing a 2821
State-wide Health Information Exchange, develop and issue a request 2822
for proposals for the development, management and operation of the 2823
State-wide Health Information Exchange. Such request shall promote 2824
the reuse of any and all enterprise health information technology assets, 2825
such as the existing Provider Directory, Enterprise Master Person Index, 2826
Direct Secure Messaging Health Information Service provider 2827
infrastructure, analytic capabilities and tools that exist in the state or are 2828
in the process of being deployed. Any enterprise health information 2829
exchange technology assets purchased after June 2, 2016, and prior to 2830
the implementation of the State-wide Health Information Exchange 2831
shall be capable of interoperability with a State-wide Health 2832
Information Exchange. 2833
(2) Such request for proposals may require an eligible organization 2834
responding to the request to: (A) Have not less than three years of 2835
experience operating either a state-wide health information exchange in 2836
any state or a regional exchange serving a population of not less than 2837
one million that (i) enables the exchange of patient health information 2838
among health care providers, patients and other authorized users 2839
without regard to location, source of payment or technology, (ii) 2840
includes, with proper consent, behavioral health and substance abuse 2841
treatment information, (iii) supports transitions of care and care 2842
coordination through real-time health care provider alerts and access to 2843
clinical information, (iv) allows health information to follow each 2844
patient, (v) allows patients to access and manage their health data, and 2845
(vi) has demonstrated success in reducing costs associated with 2846
preventable readmissions, duplicative testing or medical errors; (B) be 2847
committed to, and demonstrate, a high level of transparency in its 2848
governance, decision-making and operations; (C) be capable of 2849
providing consulting to ensure effective governance; (D) be regulated or 2850
administratively overseen by a state government agency; and (E) have 2851
sufficient staff and appropriate expertise and experience to carry out the 2852
administrative, operational and financial responsibilities of the State-2853
Governor's Bill No. 6660
LCO No. 4030 96 of 165
wide Health Information Exchange. 2854
(e) Notwithstanding the provisions of subsection (d) of this section, 2855
if, on or before January 1, 2016, the Commissioner of Social Services, in 2856
consultation with the State Health Information Technology Advisory 2857
Council, established pursuant to section 17b-59f, as amended by this act, 2858
submits a plan to the Secretary of the Office of Policy and Management 2859
for the establishment of a State-wide Health Information Exchange 2860
consistent with subsections (a), (b) and (c) of this section, and such plan 2861
is approved by the secretary, the commissioner may implement such 2862
plan and enter into any contracts or agreements to implement such plan. 2863
(f) The [executive director of the Office] Commissioner of Health 2864
Strategy shall have administrative authority over the State-wide Health 2865
Information Exchange. The [executive director] commissioner shall be 2866
responsible for designating, and posting on its Internet web site, the list 2867
of systems, technologies, entities and programs that shall constitute the 2868
State-wide Health Information Exchange. Systems, technologies, 2869
entities, and programs that have not been so designated shall not be 2870
considered part of said exchange. 2871
(g) The [executive director of the Office] Commissioner of Health 2872
Strategy shall adopt regulations in accordance with the provisions of 2873
chapter 54 that set forth requirements necessary to implement the 2874
provisions of this section. The [executive director] commissioner may 2875
implement policies and procedures necessary to administer the 2876
provisions of this section while in the process of adopting such policies 2877
and procedures in regulation form, provided the [executive director] 2878
commissioner holds a public hearing at least thirty days prior to 2879
implementing such policies and procedures and publishes notice of 2880
intention to adopt the regulations on the Office of Health Strategy's 2881
Internet web site and the eRegulations System not later than twenty 2882
days after implementing such policies and procedures. Policies and 2883
procedures implemented pursuant to this subsection shall be valid until 2884
the time such regulations are effective. 2885
Governor's Bill No. 6660
LCO No. 4030 97 of 165
Sec. 84. Subsection (d) of section 17b-59e of the general statutes is 2886
repealed and the following is substituted in lieu thereof (Effective from 2887
passage): 2888
(d) The [executive director of the Office] Commissioner of Health 2889
Strategy shall adopt regulations in accordance with the provisions of 2890
chapter 54 that set forth requirements necessary to implement the 2891
provisions of this section. The [executive director] commissioner may 2892
implement policies and procedures necessary to administer the 2893
provisions of this section while in the process of adopting such policies 2894
and procedures in regulation form, provided the [executive director] 2895
commissioner holds a public hearing at least thirty days prior to 2896
implementing such policies and procedures and publishes notice of 2897
intention to adopt the regulations on the Office of Health Strategy's 2898
Internet web site and the eRegulations System not later than twenty 2899
days after implementing such policies and procedures. Policies and 2900
procedures implemented pursuant to this subsection shall be valid until 2901
the time such regulations are effective. 2902
Sec. 85. Section 17b-59f of the general statutes is repealed and the 2903
following is substituted in lieu thereof (Effective from passage): 2904
(a) There shall be a State Health Information Technology Advisory 2905
Council to advise the [executive director of the Office] Commissioner of 2906
Health Strategy and the health information technology officer, 2907
designated in accordance with section 19a-754a, as amended by this act, 2908
in developing priorities and policy recommendations for advancing the 2909
state's health information technology and health information exchange 2910
efforts and goals and to advise the [executive director] commissioner 2911
and officer in the development and implementation of the state-wide 2912
health information technology plan and standards and the State-wide 2913
Health Information Exchange, established pursuant to section 17b-59d, 2914
as amended by this act. The advisory council shall also advise the 2915
[executive director] commissioner and officer regarding the 2916
development of appropriate governance, oversight and accountability 2917
Governor's Bill No. 6660
LCO No. 4030 98 of 165
measures to ensure success in achieving the state's health information 2918
technology and exchange goals. 2919
(b) The council shall consist of the following members: 2920
(1) One member appointed by the [executive director of the Office] 2921
Commissioner of Health Strategy, who shall be an expert in state health 2922
care reform initiatives; 2923
(2) The health information technology officer, designated in 2924
accordance with section 19a-754a, as amended by this act, or the health 2925
information technology officer's designee; 2926
(3) The Commissioners of Social Services, Mental Health and 2927
Addiction Services, Children and Families, Correction, Public Health 2928
and Developmental Services, or the commissioners' designees; 2929
(4) The Chief Information Officer of the state, or the Chief Information 2930
Officer's designee; 2931
(5) The chief executive officer of the Connecticut Health Insurance 2932
Exchange, or the chief executive officer's designee; 2933
(6) The chief information officer of The University of Connecticut 2934
Health Center, or the chief information officer's designee; 2935
(7) The Healthcare Advocate, or the Healthcare Advocate's designee; 2936
(8) The Comptroller, or the Comptroller's designee; 2937
(9) Five members appointed by the Governor, one each who shall be 2938
(A) a representative of a health system that includes more than one 2939
hospital, (B) a representative of the health insurance industry, (C) an 2940
expert in health information technology, (D) a health care consumer or 2941
consumer advocate, and (E) a current or former employee or trustee of 2942
a plan established pursuant to subdivision (5) of subsection (c) of 29 USC 2943
186; 2944
Governor's Bill No. 6660
LCO No. 4030 99 of 165
(10) Three members appointed by the president pro tempore of the 2945
Senate, one each who shall be (A) a representative of a federally 2946
qualified health center, (B) a provider of behavioral health services, and 2947
(C) a physician licensed under chapter 370; 2948
(11) Three members appointed by the speaker of the House of 2949
Representatives, one each who shall be (A) a technology expert who 2950
represents a hospital system, as defined in section 19a-486i, as amended 2951
by this act, (B) a provider of home health care services, and (C) a health 2952
care consumer or a health care consumer advocate; 2953
(12) One member appointed by the majority leader of the Senate, who 2954
shall be a representative of an independent community hospital; 2955
(13) One member appointed by the majority leader of the House of 2956
Representatives, who shall be a physician who provides services in a 2957
multispecialty group and who is not employed by a hospital; 2958
(14) One member appointed by the minority leader of the Senate, who 2959
shall be a primary care physician who provides services in a small 2960
independent practice; 2961
(15) One member appointed by the minority leader of the House of 2962
Representatives, who shall be an expert in health care analytics and 2963
quality analysis; 2964
(16) The president pro tempore of the Senate, or the president's 2965
designee; 2966
(17) The speaker of the House of Representatives, or the speaker's 2967
designee; 2968
(18) The minority leader of the Senate, or the minority leader's 2969
designee; and 2970
(19) The minority leader of the House of Representatives, or the 2971
minority leader's designee. 2972
Governor's Bill No. 6660
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(c) Any member appointed or designated under subdivisions (10) to 2973
(19), inclusive, of subsection (b) of this section may be a member of the 2974
General Assembly. 2975
(d) (1) The health information technology officer, designated in 2976
accordance with section 19a-754a, as amended by this act, shall serve as 2977
a chairperson of the council. The council shall elect a second chairperson 2978
from among its members, who shall not be a state official. The 2979
chairpersons of the council may establish subcommittees and working 2980
groups and may appoint individuals other than members of the council 2981
to serve as members of the subcommittees or working groups. The terms 2982
of the members shall be coterminous with the terms of the appointing 2983
authority for each member and subject to the provisions of section 4-1a. 2984
If any vacancy occurs on the council, the appointing authority having 2985
the power to make the appointment under the provisions of this section 2986
shall appoint a person in accordance with the provisions of this section. 2987
A majority of the members of the council shall constitute a quorum. 2988
Members of the council shall serve without compensation, but shall be 2989
reimbursed for all reasonable expenses incurred in the performance of 2990
their duties. 2991
(2) The chairpersons of the council may appoint up to four additional 2992
members to the council, who shall serve at the pleasure of the 2993
chairpersons. 2994
(e) (1) The council shall establish a working group to be known as the 2995
All-Payer Claims Database Advisory Group. Said group shall include, 2996
but need not be limited to, (A) the Secretary of the Office of Policy and 2997
Management, the Comptroller, the Commissioners of Public Health, 2998
Social Services and Mental Health and Addiction Services, the Insurance 2999
Commissioner, the Healthcare Advocate and the Chief Information 3000
Officer, or their designees; (B) a representative of the Connecticut State 3001
Medical Society; and (C) representatives of health insurance companies, 3002
health insurance purchasers, hospitals, consumer advocates and health 3003
care providers. The health information technology officer may appoint 3004
Governor's Bill No. 6660
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additional members to said group. 3005
(2) The All-Payer Claims Database Advisory Group shall develop a 3006
plan to implement a state-wide multipayer data initiative to enhance the 3007
state's use of heath care data from multiple sources to increase 3008
efficiency, enhance outcomes and improve the understanding of health 3009
care expenditures in the public and private sectors. 3010
(f) Prior to submitting any application, proposal, planning document 3011
or other request seeking federal grants, matching funds or other federal 3012
support for health information technology or health information 3013
exchange, the [executive director of the Office] Commissioner of Health 3014
Strategy or the Commissioner of Social Services shall present such 3015
application, proposal, document or other request to the council for 3016
review and comment. 3017
Sec. 86. Subsections (a) and (b) of section 17b-59g of the general 3018
statutes are repealed and the following is substituted in lieu thereof 3019
(Effective from passage): 3020
(a) The state, acting by and through the Secretary of the Office of 3021
Policy and Management, in collaboration with the [executive director of 3022
the Office] Commissioner of Health Strategy, shall establish a program 3023
to expedite the development of the State-wide Health Information 3024
Exchange, established under section 17b-59d, as amended by this act, to 3025
assist the state, health care providers, insurance carriers, physicians and 3026
all stakeholders in empowering consumers to make effective health care 3027
decisions, promote patient-centered care, improve the quality, safety 3028
and value of health care, reduce waste and duplication of services, 3029
support clinical decision-making, keep confidential health information 3030
secure and make progress toward the state's public health goals. The 3031
purposes of the program shall be to (1) assist the State-wide Health 3032
Information Exchange in establishing and maintaining itself as a neutral 3033
and trusted entity that serves the public good for the benefit of all 3034
Connecticut residents, including, but not limited to, Connecticut health 3035
Governor's Bill No. 6660
LCO No. 4030 102 of 165
care consumers and Connecticut health care providers and carriers, (2) 3036
perform, on behalf of the state, the role of intermediary between public 3037
and private stakeholders and customers of the State-wide Health 3038
Information Exchange, and (3) fulfill the responsibilities of the Office of 3039
Health Strategy, as described in section 19a-754a, as amended by this 3040
act. 3041
(b) The [executive director of the Office] Commissioner of Health 3042
Strategy, in consultation with the health information technology officer, 3043
designated in accordance with section 19a-754, shall design, and the 3044
Secretary of the Office of Policy and Management, in collaboration with 3045
said [executive director] commissioner, may establish or incorporate an 3046
entity to implement the program established under subsection (a) of this 3047
section. Such entity shall, without limitation, be owned and governed, 3048
in whole or in part, by a party or parties other than the state and may be 3049
organized as a nonprofit entity. 3050
Sec. 87. Subsection (c) of section 17b-337 of the general statutes is 3051
repealed and the following is substituted in lieu thereof (Effective from 3052
passage): 3053
(c) The Long-Term Care Planning Committee shall consist of: (1) The 3054
chairpersons and ranking members of the joint standing committees of 3055
the General Assembly having cognizance of matters relating to human 3056
services, public health, elderly services and long-term care; (2) the 3057
Commissioner of Social Services, or the commissioner's designee; (3) 3058
one member of the Office of Policy and Management appointed by the 3059
Secretary of the Office of Policy and Management; (4) one member from 3060
the Department of Public Health appointed by the Commissioner of 3061
Public Health; (5) one member from the Department of Housing 3062
appointed by the Commissioner of Housing; (6) one member from the 3063
Department of Developmental Services appointed by the Commissioner 3064
of Developmental Services; (7) one member from the Department of 3065
Mental Health and Addiction Services appointed by the Commissioner 3066
of Mental Health and Addiction Services; (8) one member from the 3067
Governor's Bill No. 6660
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Department of Transportation appointed by the Commissioner of 3068
Transportation; (9) one member from the Department of Children and 3069
Families appointed by the Commissioner of Children and Families; (10) 3070
one member from the Health Systems Planning Unit of the Office of 3071
Health Strategy appointed by the [executive director of the Office] 3072
Commissioner of Health Strategy; and (11) one member from the 3073
Department of Aging and Disability Services appointed by the 3074
Commissioner of Aging and Disability Services. The committee shall 3075
convene no later than ninety days after June 4, 1998. Any vacancy shall 3076
be filled by the appointing authority. The chairperson shall be elected 3077
from among the members of the committee. The committee shall seek 3078
the advice and participation of any person, organization or state or 3079
federal agency it deems necessary to carry out the provisions of this 3080
section. 3081
Sec. 88. Section 19a-6q of the general statutes is repealed and the 3082
following is substituted in lieu thereof (Effective from passage): 3083
The Commissioner of Public Health, in consultation with the 3084
[executive director of the Office] Commissioner of Health Strategy, 3085
established under section 19a-754a, as amended by this act, and local 3086
and regional health departments, shall, within available resources, 3087
develop a plan that is consistent with the Department of Public Health's 3088
Healthy Connecticut 2020 health improvement plan and the state 3089
healthcare innovation plan developed pursuant to the State Innovation 3090
Model Initiative by the Centers for Medicare and Medicaid Services 3091
Innovation Center. The commissioner shall develop and implement 3092
such plan to: (1) Reduce the incidence of tobacco use, high blood 3093
pressure, health care associated infections, asthma, unintended 3094
pregnancy and diabetes; (2) improve chronic disease care coordination 3095
in the state; and (3) reduce the incidence and effects of chronic disease 3096
and improve outcomes for conditions associated with chronic disease in 3097
the state. The commissioner shall post such plan on the Department of 3098
Public Health's Internet web site. 3099
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Sec. 89. Subsections (b) to (h), inclusive, of section 19a-127k of the 3100
general statutes are repealed and the following is substituted in lieu 3101
thereof (Effective from passage): 3102
(b) On and after January 1, 2023, each hospital shall submit 3103
community benefit program reporting to the Office of Health Strategy, 3104
or to a designee selected by the [executive director of the Office] 3105
Commissioner of Health Strategy, in the form and manner described in 3106
subsections (c) to (e), inclusive, of this section. 3107
(c) Each hospital shall submit its community health needs assessment 3108
to the Office of Health Strategy not later than thirty days after the date 3109
on which such assessment is made available to the public pursuant to 3110
26 CFR 1.501(r)-(3)(b), provided the [executive director of the Office] 3111
Commissioner of Health Strategy, or the [executive director's] 3112
commissioner's designee, may grant an extension of time to a hospital 3113
for the filing of such assessment. Such submission shall contain the 3114
following: 3115
(1) Consistent with the requirements set forth in 26 CFR 1.501(r)-3116
(3)(b)(6)(i), and as included in a hospital's federal filing submitted to the 3117
Internal Revenue Service: 3118
(A) A definition of the community served by the hospital and a 3119
description of how the community was determined; 3120
(B) A description of the process and methods used to conduct the 3121
community health needs assessment; 3122
(C) A description of how the hospital solicited and took into account 3123
input received from persons who represent the broad interests of the 3124
community it serves; 3125
(D) A prioritized description of the significant health needs of the 3126
community identified through the community health needs assessment, 3127
and a description of the process and criteria used in identifying certain 3128
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LCO No. 4030 105 of 165
health needs as significant and prioritizing those significant health 3129
needs; 3130
(E) A description of the resources potentially available to address the 3131
significant health needs identified through the community health needs 3132
assessment; 3133
(F) An evaluation of the impact of any actions that were taken, since 3134
the hospital finished conducting its immediately preceding community 3135
health needs assessment, to address the significant health needs 3136
identified in the hospital's prior community health needs assessment; 3137
and 3138
(2) Additional documentation of the following: 3139
(A) The names of the individuals responsible for developing the 3140
community health needs assessment; 3141
(B) The demographics of the population within the geographic 3142
service area of the hospital and, to the extent feasible, a detailed 3143
description of the health disparities, health risks, insurance status, 3144
service utilization patterns and health care costs within such geographic 3145
service area; 3146
(C) A description of the health status and health disparities affecting 3147
the population within the geographic service area of the hospital, 3148
including, but not limited to, the health status and health disparities 3149
affecting a representative spectrum of age, racial and ethnic groups, 3150
incomes and medically underserved populations; 3151
(D) A description of the meaningful participation afforded to 3152
community benefit partners and diverse community members in 3153
assessing community health needs, priorities and target populations; 3154
(E) A description of the barriers to achieving or maintaining health 3155
and to accessing health care, including, but not limited to, social, 3156
economic and environmental barriers, lack of access to or availability of 3157
Governor's Bill No. 6660
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sources of health care coverage and services and a lack of access to and 3158
availability of prevention and health promotion services and support; 3159
(F) Recommendations regarding the role that the state and other 3160
community benefit partners could play in removing the barriers 3161
described in subparagraph (E) of this subdivision and enabling effective 3162
solutions; and 3163
(G) Any additional information, data or disclosures that the hospital 3164
voluntarily chooses to include as may be relevant to its community 3165
benefit program. 3166
(d) Each hospital shall submit its implementation strategy to the 3167
Office of Health Strategy not later than thirty days after the date on 3168
which such implementation strategy is adopted pursuant to 26 CFR 3169
1.501(r)-(3)(c), provided the [executive director of the Office] 3170
Commissioner of Health Strategy, or the [executive director's] 3171
commissioner's designee, may grant an extension to a hospital for the 3172
filing of such implementation strategy. Such submission shall contain 3173
the following: 3174
(1) Consistent with the requirements set forth in 26 CFR 1.501(r)-3175
(3)(b)(6)(i), and as included in a hospital's federal filing submitted to the 3176
Internal Revenue Service: 3177
(A) With respect to each significant health need identified through 3178
the community health needs assessment, either (i) a description of how 3179
the hospital plans to address the health need, or (ii) identification of the 3180
health need as one which the hospital does not intend to address; 3181
(B) For significant health needs described in subparagraph (A)(i) of 3182
this subdivision, (i) a description of the actions that the hospital intends 3183
to take to address the health need and the anticipated impact of such 3184
actions, (ii) identification of the resources that the hospital plans to 3185
commit to address the health need, and (iii) a description of any planned 3186
collaboration between the hospital and other facilities or organizations 3187
Governor's Bill No. 6660
LCO No. 4030 107 of 165
to address the health need; 3188
(C) For significant health needs identified in subparagraph (A)(ii) of 3189
this subdivision, an explanation of why the hospital does not intend to 3190
address such health need; and 3191
(2) Additional documentation of the following: 3192
(A) The names of the individuals responsible for developing the 3193
implementation strategy; 3194
(B) A description of the meaningful participation afforded to 3195
community benefit partners and diverse community members; 3196
(C) A description of the community health needs and health 3197
disparities that were prioritized in developing the implementation 3198
strategy with consideration given to the most recent version of the state 3199
health plan prepared by the Department of Public Health pursuant to 3200
section 19a-7; 3201
(D) Reference-citing evidence, if available, that shows how the 3202
implementation strategy is intended to address the corresponding 3203
health need or reduction in health disparity; 3204
(E) A description of the planned methods for the ongoing evaluation 3205
of proposed actions and corresponding process or outcome measures 3206
intended for use in assessing progress or impact; 3207
(F) A description of how the hospital solicited commentary on the 3208
implementation strategy from the communities within such hospital's 3209
geographic service area and revisions to such strategy based on such 3210
commentary; and 3211
(G) Any other information that the hospital voluntarily chooses to 3212
include as may be relevant to its implementation strategy, including, but 3213
not limited to, data, disclosures, expected or planned resource outlay, 3214
investments or commitments, including, but not limited to, staff, 3215
Governor's Bill No. 6660
LCO No. 4030 108 of 165
financial or in-kind commitments. 3216
(e) On or before October 1, 2023, and annually thereafter, each 3217
hospital shall submit to the Office of Health Strategy a status report on 3218
such hospital's community benefit program, provided the [executive 3219
director of the Office] Commissioner of Health Strategy, or the 3220
[executive director's] commissioner's designee, may grant an extension 3221
to a hospital for the filing of such report. Such report shall include the 3222
following: 3223
(1) A description of major updates regarding community health 3224
needs, priorities and target populations, if any; 3225
(2) A description of progress made regarding the hospital's actions in 3226
support of its implementation strategy; 3227
(3) A description of any major changes to the proposed 3228
implementation strategy and associated hospital actions; and 3229
(4) A description of financial resources and other resources allocated 3230
or expended that supported the actions taken in support of the hospital's 3231
implementation strategy. 3232
(f) Notwithstanding the provisions of section 19a-755a, as amended 3233
by this act, and to the full extent permitted by 45 CFR 164.514(e), the 3234
Office of Health Strategy shall make data in the all-payer claims 3235
database available to hospitals for use in their community benefit 3236
programs and activities solely for the purposes of (1) preparing the 3237
hospital's community health needs assessment, (2) preparing and 3238
executing the hospital's implementation strategy, and (3) fulfilling 3239
community benefit program reporting, as described in subsections (c) to 3240
(e), inclusive, of this section. Any disclosure made by said office 3241
pursuant to this subsection of information other than health information 3242
shall be made in a manner to protect the confidentiality of such 3243
information as may be required by state or federal law. 3244
Governor's Bill No. 6660
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(g) A hospital shall not be responsible for limitations in its ability to 3245
fulfill community benefit program reporting requirements, as described 3246
in subsections (c) to (e), inclusive, of this section, if the all-payer claims 3247
database data is not provided to such hospital, as required by subsection 3248
(f) of this section. 3249
(h) On or before April 1, 2024, and annually thereafter, the [executive 3250
director of the Office] Commissioner of Health Strategy shall develop a 3251
summary and analysis of the community benefit program reporting 3252
submitted by hospitals under this section during the previous calendar 3253
year and post such summary and analysis on its Internet web site and 3254
solicit stakeholder input through a public comment period. The Office 3255
of Health Strategy shall use such reporting and stakeholder input to: 3256
(1) Identify additional stakeholders that may be engaged to address 3257
identified community health needs including, but not limited to, federal, 3258
state and municipal entities, nonhospital private sector health care 3259
providers and private sector entities that are not health care providers, 3260
including community-based organizations, insurers and charitable 3261
organizations; 3262
(2) Determine how each identified stakeholder could assist in 3263
addressing identified community health needs or augmenting solutions 3264
or approaches reported in the implementation strategies; 3265
(3) Determine whether to make recommendations to the Department 3266
of Public Health in the development of its state health plan; and 3267
(4) Inform the state-wide health care facilities and services plan 3268
established pursuant to section 19a-634, as amended by this act. 3269
Sec. 90. Subdivision (19) of subsection (b) of section 19a-133a of the 3270
general statutes is repealed and the following is substituted in lieu 3271
thereof (Effective from passage): 3272
(19) The [executive director of the Office] Commissioner of Health 3273
Governor's Bill No. 6660
LCO No. 4030 110 of 165
Strategy, or the [executive director's] commissioner's designee; 3274
Sec. 91. Section 19a-486 of the general statutes is repealed and the 3275
following is substituted in lieu thereof (Effective from passage): 3276
For purposes of sections 19a-486 to 19a-486h, inclusive, as amended 3277
by this act: 3278
(1) "Nonprofit hospital" means a nonprofit entity licensed as a 3279
hospital pursuant to this chapter and any entity affiliated with such a 3280
hospital through governance or membership, including, but not limited 3281
to, a holding company or subsidiary. 3282
(2) "Purchaser" means a person acquiring any assets of a nonprofit 3283
hospital through a transfer. 3284
(3) "Person" means any individual, firm, partnership, corporation, 3285
limited liability company, association or other entity. 3286
(4) "Transfer" means to sell, transfer, lease, exchange, option, convey, 3287
give or otherwise dispose of or transfer control over, including, but not 3288
limited to, transfer by way of merger or joint venture not in the ordinary 3289
course of business. 3290
(5) "Control" has the meaning assigned to it in section 36b-41. 3291
(6) ["Executive director"] "Commissioner" means the [executive 3292
director of the Office] Commissioner of Health Strategy, established 3293
under section 19a-754a, as amended by this act, or the [executive 3294
director's] commissioner's designee. 3295
Sec. 92. Subsections (a) to (f), inclusive, of section 19a-486a of the 3296
general statutes are repealed and the following is substituted in lieu 3297
thereof (Effective from passage): 3298
(a) No nonprofit hospital shall enter into an agreement to transfer a 3299
material amount of its assets or operations or a change in control of 3300
Governor's Bill No. 6660
LCO No. 4030 111 of 165
operations to a person that is organized or operated for profit without 3301
first having received approval of the agreement by the [executive 3302
director] commissioner and the Attorney General pursuant to sections 3303
19a-486 to 19a-486h, inclusive, as amended by this act, and pursuant to 3304
the Attorney General's authority under section 3-125. Any such 3305
agreement without the approval required by sections 19a-486 to 19a-3306
486h, inclusive, as amended by this act, shall be void. 3307
(b) Prior to any transaction described in subsection (a) of this section, 3308
the nonprofit hospital and the purchaser shall concurrently submit a 3309
certificate of need determination letter as described in subsection (c) of 3310
section 19a-638 to the [executive director] commissioner and the 3311
Attorney General by serving it on them by certified mail, return receipt 3312
requested, or delivering it by hand to each office. The certificate of need 3313
determination letter shall contain: (1) The name and address of the 3314
nonprofit hospital; (2) the name and address of the purchaser; (3) a brief 3315
description of the terms of the proposed agreement; and (4) the 3316
estimated capital expenditure, cost or value associated with the 3317
proposed agreement. The certificate of need determination letter shall 3318
be subject to disclosure pursuant to section 1-210. 3319
(c) Not later than thirty days after receipt of the certificate of need 3320
determination letter by the [executive director] commissioner and the 3321
Attorney General, the purchaser and the nonprofit hospital shall hold a 3322
hearing on the contents of the certificate of need determination letter in 3323
the municipality in which the new hospital is proposed to be located. 3324
The nonprofit hospital shall provide not less than two weeks' advance 3325
notice of the hearing to the public by publication in a newspaper having 3326
a substantial circulation in the affected community for not less than 3327
three consecutive days. Such notice shall contain substantially the same 3328
information as in the certificate of need determination letter. The 3329
purchaser and the nonprofit hospital shall record and transcribe the 3330
hearing and make such recording or transcription available to the 3331
[executive director] commissioner, the Attorney General or members of 3332
the public upon request. A public hearing held in accordance with the 3333
Governor's Bill No. 6660
LCO No. 4030 112 of 165
provisions of section 19a-639a, as amended by this act, shall satisfy the 3334
requirements of this subsection. 3335
(d) The [executive director] commissioner and the Attorney General 3336
shall review the certificate of need determination letter. The Attorney 3337
General shall determine whether the agreement requires approval 3338
pursuant to this chapter. If such approval is required, the [executive 3339
director] commissioner and the Attorney General shall transmit to the 3340
purchaser and the nonprofit hospital an application form for approval 3341
pursuant to this chapter, unless the [executive director] commissioner 3342
refuses to accept a filed or submitted certificate of need determination 3343
letter. Such application form shall require the following information: (1) 3344
The name and address of the nonprofit hospital; (2) the name and 3345
address of the purchaser; (3) a description of the terms of the proposed 3346
agreement; (4) copies of all contracts, agreements and memoranda of 3347
understanding relating to the proposed agreement; (5) a fairness 3348
evaluation by an independent person who is an expert in such 3349
agreements, that includes an analysis of each of the criteria set forth in 3350
section 19a-486c; (6) documentation that the nonprofit hospital 3351
exercised the due diligence required by subdivision (2) of subsection (a) 3352
of section 19a-486c, including disclosure of the terms of any other offers 3353
to transfer assets or operations or change control of operations received 3354
by the nonprofit hospital and the reason for rejection of such offers; and 3355
(7) such other information as the [executive director] commissioner or 3356
the Attorney General deem necessary to their review pursuant to the 3357
provisions of sections 19a-486 to 19a-486f, inclusive, as amended by this 3358
act, and chapter 368z. The application shall be subject to disclosure 3359
pursuant to section 1-210. 3360
(e) No later than sixty days after the date of mailing of the application 3361
form, the nonprofit hospital and the purchaser shall concurrently file an 3362
application with the [executive director] commissioner and the Attorney 3363
General containing all the required information. The [executive 3364
director] commissioner and the Attorney General shall review the 3365
application and determine whether the application is complete. The 3366
Governor's Bill No. 6660
LCO No. 4030 113 of 165
[executive director] commissioner and the Attorney General shall, no 3367
later than twenty days after the date of their receipt of the application, 3368
provide written notice to the nonprofit hospital and the purchaser of 3369
any deficiencies in the application. Such application shall not be deemed 3370
complete until such deficiencies are corrected. 3371
(f) No later than twenty-five days after the date of their receipt of the 3372
completed application under this section, the [executive director] 3373
commissioner and the Attorney General shall jointly publish a summary 3374
of such agreement in a newspaper of general circulation where the 3375
nonprofit hospital is located. 3376
Sec. 93. Section 19a-486b of the general statutes is repealed and the 3377
following is substituted in lieu thereof (Effective from passage): 3378
(a) Not later than one hundred twenty days after the date of receipt 3379
of the completed application pursuant to subsection (e) of section 19a-3380
486a, as amended by this act, the Attorney General and the [executive 3381
director] commissioner shall approve the application, with or without 3382
modification, or deny the application. The [executive director] 3383
commissioner shall also determine, in accordance with the provisions of 3384
chapter 368z, whether to approve, with or without modification, or deny 3385
the application for a certificate of need that is part of the completed 3386
application. Notwithstanding the provisions of section 19a-639a, as 3387
amended by this act, the [executive director] commissioner shall 3388
complete the decision on the application for a certificate of need within 3389
the same time period as the completed application. Such one-hundred-3390
twenty-day period may be extended by (1) agreement of the Attorney 3391
General, the [executive director] commissioner, the nonprofit hospital 3392
and the purchaser, or (2) the [executive director] commissioner for an 3393
additional one hundred twenty days pending completion of a cost and 3394
market impact review conducted pursuant to section 19a-639f, as 3395
amended by this act. If the Attorney General initiates a proceeding to 3396
enforce a subpoena pursuant to section 19a-486c or 19a-486d, as 3397
amended by this act, the one-hundred-twenty-day period shall be tolled 3398
Governor's Bill No. 6660
LCO No. 4030 114 of 165
until the final court decision on the last pending enforcement 3399
proceeding, including any appeal or time for the filing of such appeal. 3400
Unless the one-hundred-twenty-day period is extended pursuant to this 3401
section, if the [executive director] commissioner and Attorney General 3402
fail to take action on an agreement prior to the one hundred twenty-first 3403
day after the date of the filing of the completed application, the 3404
application shall be deemed approved. 3405
(b) The [executive director] commissioner and the Attorney General 3406
may place any conditions on the approval of an application that relate 3407
to the purposes of sections 19a-486a to 19a-486h, inclusive, as amended 3408
by this act. In placing any such conditions the [executive director] 3409
commissioner shall follow the guidelines and criteria described in 3410
subdivision (4) of subsection (d) of section 19a-639. Any such conditions 3411
may be in addition to any conditions placed by the [executive director] 3412
commissioner pursuant to subdivision (4) of subsection (d) of section 3413
19a-639. 3414
Sec. 94. Section 19a-486d of the general statutes is repealed and the 3415
following is substituted in lieu thereof (Effective from passage): 3416
(a) The [executive director] commissioner shall deny an application 3417
filed pursuant to subsection (d) of section 19a-486a, as amended by this 3418
act, unless the [executive director] commissioner finds that: (1) In a 3419
situation where the asset or operation to be transferred provides or has 3420
provided health care services to the uninsured or underinsured, the 3421
purchaser has made a commitment to provide health care to the 3422
uninsured and the underinsured; (2) in a situation where health care 3423
providers or insurers will be offered the opportunity to invest or own 3424
an interest in the purchaser or an entity related to the purchaser 3425
safeguard procedures are in place to avoid a conflict of interest in patient 3426
referral; and (3) certificate of need authorization is justified in 3427
accordance with chapter 368z. The [executive director] commissioner 3428
may contract with any person, including, but not limited to, financial or 3429
actuarial experts or consultants, or legal experts with the approval of the 3430
Governor's Bill No. 6660
LCO No. 4030 115 of 165
Attorney General, to assist in reviewing the completed application. The 3431
[executive director] commissioner shall submit any bills for such 3432
contracts to the purchaser. Such bills shall not exceed one hundred fifty 3433
thousand dollars. The purchaser shall pay such bills no later than thirty 3434
days after the date of receipt of such bills. 3435
(b) The [executive director] commissioner may, during the course of 3436
a review required by this section: (1) Issue in writing and cause to be 3437
served upon any person, by subpoena, a demand that such person 3438
appear before the [executive director] commissioner and give testimony 3439
or produce documents as to any matters relevant to the scope of the 3440
review; and (2) issue written interrogatories, to be answered under oath, 3441
as to any matters relevant to the scope of the review and prescribing a 3442
return date that would allow a reasonable time to respond. If any person 3443
fails to comply with the provisions of this subsection, the [executive 3444
director] commissioner, through the Attorney General, may apply to the 3445
superior court for the judicial district of Hartford seeking enforcement 3446
of such subpoena. The superior court may, upon notice to such person, 3447
issue and cause to be served an order requiring compliance. Service of 3448
subpoenas ad testificandum, subpoenas duces tecum, notices of 3449
deposition and written interrogatories as provided in this subsection 3450
may be made by personal service at the usual place of abode or by 3451
certified mail, return receipt requested, addressed to the person to be 3452
served at such person's principal place of business within or without 3453
this state or such person's residence. 3454
Sec. 95. Section 19a-486e of the general statutes is repealed and the 3455
following is substituted in lieu thereof (Effective from passage): 3456
Prior to making any decision to approve, with or without 3457
modification, or deny any application filed pursuant to subsection (d) 3458
of section 19a-486a, as amended by this act, the Attorney General and 3459
the [executive director] commissioner shall jointly conduct one or more 3460
public hearings, one of which shall be in the primary service area of the 3461
nonprofit hospital. At least fourteen days before conducting the public 3462
Governor's Bill No. 6660
LCO No. 4030 116 of 165
hearing, the Attorney General and the [executive director] 3463
commissioner shall provide notice of the time and place of the hearing 3464
through publication in one or more newspapers of general circulation 3465
in the affected community. 3466
Sec. 96. Section 19a-486f of the general statutes is repealed and the 3467
following is substituted in lieu thereof (Effective from passage): 3468
If the [executive director] commissioner or the Attorney General 3469
denies an application filed pursuant to subsection (d) of section 19a-3470
486a, as amended by this act, or approves it with modification, the 3471
nonprofit hospital or the purchaser may appeal such decision in the 3472
same manner as provided in section 4-183, provided that nothing in 3473
sections 19a-486 to 19a-486f, inclusive, as amended by this act, shall be 3474
construed to apply the provisions of chapter 54 to the proceedings of the 3475
Attorney General. 3476
Sec. 97. Section 19a-486g of the general statutes is repealed and the 3477
following is substituted in lieu thereof (Effective from passage): 3478
The Commissioner of Public Health shall refuse to issue a license to, 3479
or if issued shall suspend or revoke the license of, a hospital if the 3480
commissioner finds, after a hearing and opportunity to be heard, that: 3481
(1) There was a transaction described in section 19a-486a, as amended 3482
by this act, that occurred without the approval of the [executive director] 3483
commissioner, if such approval was required by sections 19a-486 to 19a-3484
486h, inclusive, as amended by this act; 3485
(2) There was a transaction described in section 19a-486a, as amended 3486
by this act, without the approval of the Attorney General, if such 3487
approval was required by sections 19a-486 to 19a-486h, inclusive, as 3488
amended by this act, and the Attorney General certifies to the [executive 3489
director] commissioner that such transaction involved a material 3490
amount of the nonprofit hospital's assets or operations or a change in 3491
control of operations; or 3492
Governor's Bill No. 6660
LCO No. 4030 117 of 165
(3) The hospital is not complying with the terms of an agreement 3493
approved by the Attorney General and [executive director] 3494
commissioner pursuant to sections 19a-486 to 19a-486h, inclusive, as 3495
amended by this act. 3496
Sec. 98. Section 19a-486h of the general statutes is repealed and the 3497
following is substituted in lieu thereof (Effective from passage): 3498
Nothing in sections 19a-486 to 19a-486h, inclusive, as amended by 3499
this act, shall be construed to limit: (1) The common law or statutory 3500
authority of the Attorney General; (2) the statutory authority of the 3501
Commissioner of Public Health including, but not limited to, licensing; 3502
(3) the statutory authority of the [executive director of the Office] 3503
Commissioner of Health Strategy, including, but not limited to, 3504
certificate of need authority; or (4) the application of the doctrine of cy 3505
pres or approximation. 3506
Sec. 99. Subsections (d) to (i), inclusive, of section 19a-486i of the 3507
general statutes are repealed and the following is substituted in lieu 3508
thereof (Effective from passage): 3509
(d) (1) The written notice required under subsection (c) of this section 3510
shall identify each party to the transaction and describe the material 3511
change as of the date of such notice to the business or corporate structure 3512
of the group practice, including: (A) A description of the nature of the 3513
proposed relationship among the parties to the proposed transaction; 3514
(B) the names and specialties of each physician that is a member of the 3515
group practice that is the subject of the proposed transaction and who 3516
will practice medicine with the resulting group practice, hospital, 3517
hospital system, captive professional entity, medical foundation or 3518
other entity organized by, controlled by, or otherwise affiliated with 3519
such hospital or hospital system following the effective date of the 3520
transaction; (C) the names of the business entities that are to provide 3521
services following the effective date of the transaction; (D) the address 3522
for each location where such services are to be provided; (E) a 3523
Governor's Bill No. 6660
LCO No. 4030 118 of 165
description of the services to be provided at each such location; and (F) 3524
the primary service area to be served by each such location. 3525
(2) Not later than thirty days after the effective date of any transaction 3526
described in subsection (c) of this section, the parties to the transaction 3527
shall submit written notice to the [executive director of the Office] 3528
Commissioner of Health Strategy. Such written notice shall include, but 3529
need not be limited to, the same information described in subdivision 3530
(1) of this subsection. The [executive director] commissioner shall post 3531
a link to such notice on the Office of Health Strategy's Internet web site. 3532
(e) Not less than thirty days prior to the effective date of any 3533
transaction that results in an affiliation between one hospital or hospital 3534
system and another hospital or hospital system, the parties to the 3535
affiliation shall submit written notice to the Attorney General of such 3536
affiliation. Such written notice shall identify each party to the affiliation 3537
and describe the affiliation as of the date of such notice, including: (1) A 3538
description of the nature of the proposed relationship among the parties 3539
to the affiliation; (2) the names of the business entities that are to provide 3540
services following the effective date of the affiliation; (3) the address for 3541
each location where such services are to be provided; (4) a description 3542
of the services to be provided at each such location; and (5) the primary 3543
service area to be served by each such location. 3544
(f) Written information submitted to the Attorney General pursuant 3545
to subsections (b) to (e), inclusive, of this section shall be maintained and 3546
used by the Attorney General in the same manner as provided in section 3547
35-42. 3548
(g) Not later than January 15, 2018, and annually thereafter, each 3549
hospital and hospital system shall file with the Attorney General and 3550
the [executive director of the Office] Commissioner of Health Strategy a 3551
written report describing the activities of the group practices owned or 3552
affiliated with such hospital or hospital system. Such report shall 3553
include, for each such group practice: (1) A description of the nature of 3554
Governor's Bill No. 6660
LCO No. 4030 119 of 165
the relationship between the hospital or hospital system and the group 3555
practice; (2) the names and specialties of each physician practicing 3556
medicine with the group practice; (3) the names of the business entities 3557
that provide services as part of the group practice and the address for 3558
each location where such services are provided; (4) a description of the 3559
services provided at each such location; and (5) the primary service area 3560
served by each such location. 3561
(h) Not later than January 15, 2018, and annually thereafter, each 3562
group practice comprised of thirty or more physicians that is not the 3563
subject of a report filed under subsection (g) of this section shall file with 3564
the Attorney General and the [executive director of the Office] 3565
Commissioner of Health Strategy a written report concerning the group 3566
practice. Such report shall include, for each such group practice: (1) The 3567
names and specialties of each physician practicing medicine with the 3568
group practice; (2) the names of the business entities that provide 3569
services as part of the group practice and the address for each location 3570
where such services are provided; (3) a description of the services 3571
provided at each such location; and (4) the primary service area served 3572
by each such location. 3573
(i) Not later than January 15, 2018, and annually thereafter, each 3574
hospital and hospital system shall file with the Attorney General and 3575
the [executive director of the Office] Commissioner of Health Strategy a 3576
written report describing each affiliation with another hospital or 3577
hospital system. Such report shall include: (1) The name and address of 3578
each party to the affiliation; (2) a description of the nature of the 3579
relationship among the parties to the affiliation; (3) the names of the 3580
business entities that provide services as part of the affiliation and the 3581
address for each location where such services are provided; (4) a 3582
description of the services provided at each such location; and (5) the 3583
primary service area served by each such location. 3584
Sec. 100. Subsection (m) of section 19a-508c of the general statutes is 3585
repealed and the following is substituted in lieu thereof (Effective from 3586
Governor's Bill No. 6660
LCO No. 4030 120 of 165
passage): 3587
(m) (1) Each hospital and health system shall report not later than July 3588
1, 2023, and annually thereafter to the [executive director of the Office] 3589
Commissioner of Health Strategy, on a form prescribed by the 3590
[executive director] commissioner, concerning facility fees charged or 3591
billed during the preceding calendar year. Such report shall include (A) 3592
the name and address of each facility owned or operated by the hospital 3593
or health system that provides services for which a facility fee is charged 3594
or billed, (B) the number of patient visits at each such facility for which 3595
a facility fee was charged or billed, (C) the number, total amount and 3596
range of allowable facility fees paid at each such facility disaggregated 3597
by payer mix, (D) for each facility, the total amount of facility fees 3598
charged and the total amount of revenue received by the hospital or 3599
health system derived from facility fees, (E) the total amount of facility 3600
fees charged and the total amount of revenue received by the hospital 3601
or health system from all facilities derived from facility fees, (F) a 3602
description of the ten procedures or services that generated the greatest 3603
amount of facility fee gross revenue, disaggregated by current 3604
procedural terminology category (CPT) code for each such procedure or 3605
service and, for each such procedure or service, patient volume and the 3606
total amount of gross and net revenue received by the hospital or health 3607
system derived from facility fees, and (G) the top ten procedures or 3608
services for which facility fees are charged based on patient volume and 3609
the gross and net revenue received by the hospital or health system for 3610
each such procedure or service. For purposes of this subsection, 3611
"facility" means a hospital-based facility that is located outside a hospital 3612
campus. 3613
(2) The [executive director] commissioner shall publish the 3614
information reported pursuant to subdivision (1) of this subsection, or 3615
post a link to such information, on the Internet web site of the Office of 3616
Health Strategy. 3617
Sec. 101. Subsection (a) of section 19a-612 of the general statutes is 3618
Governor's Bill No. 6660
LCO No. 4030 121 of 165
repealed and the following is substituted in lieu thereof (Effective from 3619
passage): 3620
(a) There is established, within the Office of Health Strategy, 3621
established under section 19a-754a, as amended by this act, a unit to be 3622
known as the Health Systems Planning Unit. The unit, under the 3623
direction of the [executive director of the Office] Commissioner of 3624
Health Strategy, shall constitute a successor to the former Office of 3625
Health Care Access, in accordance with the provisions of sections 4-38d 3626
and 4-39. 3627
Sec. 102. Section 19a-612d of the general statutes is repealed and the 3628
following is substituted in lieu thereof (Effective from passage): 3629
(a) The [executive director of the Office] Commissioner of Health 3630
Strategy shall oversee the Health Systems Planning Unit and shall 3631
exercise independent decision-making authority over all certificate of 3632
need decisions. 3633
(b) Notwithstanding the provisions of subsection (a) of this section, 3634
the Deputy Commissioner of Public Health shall retain independent 3635
decision-making authority over only the certificate of need applications 3636
that are pending before the Office of Health Care Access and have been 3637
deemed completed by said office on or before May 14, 2018. Following 3638
the issuance by the Deputy Commissioner of Public Health of a final 3639
decision on any such certificate of need application, the [executive 3640
director of the Office] Commissioner of Health Strategy shall exercise 3641
independent authority on any further action required on such certificate 3642
of need application or the certificate of need issued pursuant to such 3643
application. 3644
Sec. 103. Subsection (c) of section 19a-613 of the general statutes is 3645
repealed and the following is substituted in lieu thereof (Effective from 3646
passage): 3647
(c) The [executive director of the Office] Commissioner of Health 3648
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LCO No. 4030 122 of 165
Strategy, or [any person the executive director designates] the 3649
commissioner's designee, may conduct a hearing and render a final 3650
decision in any case when a hearing is required or authorized under the 3651
provisions of any statute dealing with the Health Systems Planning 3652
Unit. 3653
Sec. 104. Section 19a-614 of the general statutes is repealed and the 3654
following is substituted in lieu thereof (Effective from passage): 3655
The [executive director of the Office] Commissioner of Health 3656
Strategy may employ and pay professional and support staff subject to 3657
the provisions of chapter 67 and contract with and engage consultants 3658
and other independent professionals as may be necessary or desirable 3659
to carry out the functions of the Health Systems Planning Unit. 3660
Sec. 105. Subdivision (7) of section 19a-630 of the general statutes is 3661
repealed and the following is substituted in lieu thereof (Effective from 3662
passage): 3663
(7) ["Executive director"] "Commissioner" means the [executive 3664
director of the Office] Commissioner of Health Strategy. 3665
Sec. 106. Subsection (b) of section 19a-631 of the general statutes is 3666
repealed and the following is substituted in lieu thereof (Effective from 3667
passage): 3668
(b) Each hospital shall annually pay to the [executive director of the 3669
Office] Commissioner of Health Strategy, for deposit in the General 3670
Fund, an amount equal to its share of the actual expenditures made by 3671
the unit during each fiscal year including the cost of fringe benefits for 3672
unit personnel as estimated by the Comptroller, the amount of expenses 3673
for central state services attributable to the unit for the fiscal year as 3674
estimated by the Comptroller, plus the expenditures made on behalf of 3675
the unit from the Capital Equipment Purchase Fund pursuant to section 3676
4a-9 for such year. Payments shall be made by assessment of all 3677
hospitals of the costs calculated and collected in accordance with the 3678
Governor's Bill No. 6660
LCO No. 4030 123 of 165
provisions of this section and section 19a-632, as amended by this act. If 3679
for any reason a hospital ceases operation, any unpaid assessment for 3680
the operations of the unit shall be reapportioned among the remaining 3681
hospitals to be paid in addition to any other assessment. 3682
Sec. 107. Subsections (d) and (e) of section 19a-632 of the general 3683
statutes are repealed and the following is substituted in lieu thereof 3684
(Effective from passage): 3685
(d) Immediately following the close of each state fiscal year the 3686
[executive director] commissioner shall recalculate the proposed 3687
assessment for each hospital based on the costs of the unit in accordance 3688
with subsection (b) of this section using the actual expenditures made 3689
by the unit during that fiscal year and the actual expenditures made on 3690
behalf of the unit from the Capital Equipment Purchase Fund pursuant 3691
to section 4a-9. On or before August thirty-first, annually, the unit shall 3692
render to each hospital a statement showing the difference between the 3693
respective recalculated assessment and the amount previously paid. On 3694
or before September thirtieth, the [executive director] commissioner, 3695
after receiving any objections to such statements, shall make such 3696
adjustments which in said [executive director's] commissioner's opinion 3697
may be indicated and shall render an adjusted assessment, if any, to the 3698
affected hospitals. Adjustments to reflect any credit or amount due 3699
under the recalculated assessment for the previous state fiscal year shall 3700
be made to the proposed assessment due on or before December thirty-3701
first of the following state fiscal year. 3702
(e) If any assessment is not paid when due, the [executive director] 3703
commissioner shall impose a fee equal to (1) two per cent of the 3704
assessment if such failure to pay is for not more than five days, (2) five 3705
per cent of the assessment if such failure to pay is for more than five 3706
days but not more than fifteen days, or (3) ten per cent of the assessment 3707
if such failure to pay is for more than fifteen days. If a hospital fails to 3708
pay any assessment for more than thirty days after the date when due, 3709
the [executive director] commissioner may, in addition to the fees 3710
Governor's Bill No. 6660
LCO No. 4030 124 of 165
imposed pursuant to this subsection, impose a civil penalty of up to one 3711
thousand dollars per day for each day past the initial thirty days that the 3712
assessment is not paid. Any civil penalty authorized by this subsection 3713
shall be imposed by the [executive director] commissioner in accordance 3714
with subsections (b) to (e), inclusive, of section 19a-653. 3715
Sec. 108. Section 19a-633 of the general statutes is repealed and the 3716
following is substituted in lieu thereof (Effective from passage): 3717
The [executive director] commissioner, or any agent authorized by 3718
such [executive director] commissioner to conduct any inquiry, 3719
investigation or hearing under the provisions of this chapter, shall have 3720
power to administer oaths and take testimony under oath relative to the 3721
matter of inquiry or investigation. At any hearing ordered by the unit, 3722
the [executive director] commissioner or such agent having authority by 3723
law to issue such process may subpoena witnesses and require the 3724
production of records, papers and documents pertinent to such inquiry. 3725
If any person disobeys such process or, having appeared in obedience 3726
thereto, refuses to answer any pertinent question put to such person by 3727
the [executive director] commissioner or such [executive director's] 3728
commissioner's authorized agent or to produce any records and papers 3729
pursuant thereto, the [executive director] commissioner or such 3730
[executive director's] commissioner's agent may apply to the superior 3731
court for the judicial district of Hartford or for the judicial district 3732
wherein the person resides or wherein the business has been conducted, 3733
or to any judge of said court if the same is not in session, setting forth 3734
such disobedience to process or refusal to answer, and said court or such 3735
judge shall cite such person to appear before said court or such judge to 3736
answer such question or to produce such records and papers. 3737
Sec. 109. Subsections (a) and (b) of section 19a-634 of the general 3738
statutes are repealed and the following is substituted in lieu thereof 3739
(Effective from passage): 3740
(a) The Health Systems Planning Unit shall conduct, on a biennial 3741
Governor's Bill No. 6660
LCO No. 4030 125 of 165
basis, a state-wide health care facility utilization study. Such study may 3742
include an assessment of: (1) Current availability and utilization of acute 3743
hospital care, hospital emergency care, specialty hospital care, 3744
outpatient surgical care, primary care and clinic care; (2) geographic 3745
areas and subpopulations that may be underserved or have reduced 3746
access to specific types of health care services; and (3) other factors that 3747
the unit deems pertinent to health care facility utilization. Not later than 3748
June thirtieth of the year in which the biennial study is conducted, the 3749
[executive director of the Office] Commissioner of Health Strategy shall 3750
report, in accordance with section 11-4a, to the Governor and the joint 3751
standing committees of the General Assembly having cognizance of 3752
matters relating to public health and human services on the findings of 3753
the study. Such report may also include the unit's recommendations for 3754
addressing identified gaps in the provision of health care services and 3755
recommendations concerning a lack of access to health care services. 3756
(b) The unit, in consultation with such other state agencies as the 3757
[executive director] commissioner deems appropriate, shall establish 3758
and maintain a state-wide health care facilities and services plan. Such 3759
plan may include, but not be limited to: (1) An assessment of the 3760
availability of acute hospital care, hospital emergency care, specialty 3761
hospital care, outpatient surgical care, primary care and clinic care; (2) 3762
an evaluation of the unmet needs of persons at risk and vulnerable 3763
populations as determined by the [executive director] commissioner; (3) 3764
a projection of future demand for health care services and the impact 3765
that technology may have on the demand, capacity or need for such 3766
services; and (4) recommendations for the expansion, reduction or 3767
modification of health care facilities or services. In the development of 3768
the plan, the unit shall consider the recommendations of any advisory 3769
bodies which may be established by the [executive director] 3770
commissioner. The [executive director] commissioner may also 3771
incorporate the recommendations of authoritative organizations whose 3772
mission is to promote policies based on best practices or evidence-based 3773
research. The [executive director] commissioner, in consultation with 3774
Governor's Bill No. 6660
LCO No. 4030 126 of 165
hospital representatives, shall develop a process that encourages 3775
hospitals to incorporate the state-wide health care facilities and services 3776
plan into hospital long-range planning and shall facilitate 3777
communication between appropriate state agencies concerning 3778
innovations or changes that may affect future health planning. The unit 3779
shall update the state-wide health care facilities and services plan not 3780
less than once every two years. 3781
Sec. 110. Subsections (d) to (f), inclusive, of section 19a-638 of the 3782
general statutes are repealed and the following is substituted in lieu 3783
thereof (Effective from passage): 3784
(d) The [executive director of the Office] Commissioner of Health 3785
Strategy may implement policies and procedures necessary to 3786
administer the provisions of this section while in the process of adopting 3787
such policies and procedures as regulation, provided the [executive 3788
director] commissioner holds a public hearing prior to implementing 3789
the policies and procedures and posts notice of intent to adopt 3790
regulations on the office's Internet web site and the eRegulations System 3791
not later than twenty days after the date of implementation. Policies and 3792
procedures implemented pursuant to this section shall be valid until the 3793
time final regulations are adopted. 3794
(e) On or before June 30, 2026, a mental health facility seeking to 3795
increase licensed bed capacity without applying for a certificate of need, 3796
as permitted pursuant to subdivision (23) of subsection (b) of this 3797
section, shall notify the Office of Health Strategy, in a form and manner 3798
prescribed by the [executive director of said office] commissioner, 3799
regarding (1) such facility's intent to increase licensed bed capacity, (2) 3800
the address of such facility, and (3) a description of all services that are 3801
being or will be provided at such facility. 3802
(f) Not later than January 1, 2025, the [executive director of the Office] 3803
Commissioner of Health Strategy shall report to the Governor and, in 3804
accordance with the provisions of section 11-4a, to the joint standing 3805
Governor's Bill No. 6660
LCO No. 4030 127 of 165
committee of the General Assembly having cognizance of matters 3806
relating to public health concerning the [executive director's] 3807
commissioner's recommendations, if any, regarding the establishment 3808
of an expedited certificate of need process for mental health facilities. 3809
Sec. 111. Subdivisions (3) and (4) of subsection (d) of section 19a-639 3810
of the general statutes are repealed and the following is substituted in 3811
lieu thereof (Effective from passage): 3812
(3) The unit shall deny any certificate of need application involving a 3813
transfer of ownership of a hospital unless the [executive director] 3814
commissioner finds that the affected community will be assured of 3815
continued access to high quality and affordable health care after 3816
accounting for any proposed change impacting hospital staffing. 3817
(4) The unit may deny any certificate of need application involving a 3818
transfer of ownership of a hospital subject to a cost and market impact 3819
review pursuant to section 19a-639f, as amended by this act, if the 3820
[executive director] commissioner finds that (A) the affected community 3821
will not be assured of continued access to high quality and affordable 3822
health care after accounting for any consolidation in the hospital and 3823
health care market that may lessen health care provider diversity, 3824
consumer choice and access to care, and (B) any likely increases in the 3825
prices for health care services or total health care spending in the state 3826
may negatively impact the affordability of care. 3827
Sec. 112. Subsection (g) of section 19a-639a of the general statutes is 3828
repealed and the following is substituted in lieu thereof (Effective from 3829
passage): 3830
(g) The [executive director of the Office] Commissioner of Health 3831
Strategy may implement policies and procedures necessary to 3832
administer the provisions of this section while in the process of adopting 3833
such policies and procedures as regulation, provided the [executive 3834
director] commissioner holds a public hearing prior to implementing 3835
the policies and procedures and posts notice of intent to adopt 3836
Governor's Bill No. 6660
LCO No. 4030 128 of 165
regulations on the office's Internet web site and the eRegulations System 3837
not later than twenty days after the date of implementation. Policies and 3838
procedures implemented pursuant to this section shall be valid until the 3839
time final regulations are adopted. 3840
Sec. 113. Subsection (e) of section 19a-639b of the general statutes is 3841
repealed and the following is substituted in lieu thereof (Effective from 3842
passage): 3843
(e) The [executive director of the Office] Commissioner of Health 3844
Strategy may implement policies and procedures necessary to 3845
administer the provisions of this section while in the process of adopting 3846
such policies and procedures as regulation, provided the [executive 3847
director] commissioner holds a public hearing prior to implementing 3848
the policies and procedures and posts notice of intent to adopt 3849
regulations on the office's Internet web site and the eRegulations System 3850
not later than twenty days after the date of implementation. Policies and 3851
procedures implemented pursuant to this section shall be valid until the 3852
time final regulations are adopted. 3853
Sec. 114. Subsection (b) of section 19a-639c of the general statutes is 3854
repealed and the following is substituted in lieu thereof (Effective from 3855
passage): 3856
(b) The [executive director of the Office] Commissioner of Health 3857
Strategy may implement policies and procedures necessary to 3858
administer the provisions of this section while in the process of adopting 3859
such policies and procedures as regulation, provided the [executive 3860
director] commissioner holds a public hearing prior to implementing 3861
the policies and procedures and posts notice of intent to adopt 3862
regulations on the office's Internet web site and the eRegulations System 3863
not later than twenty days after the date of implementation. Policies and 3864
procedures implemented pursuant to this section shall be valid until the 3865
time final regulations are adopted. 3866
Sec. 115. Subsection (d) of section 19a-639e of the general statutes is 3867
Governor's Bill No. 6660
LCO No. 4030 129 of 165
repealed and the following is substituted in lieu thereof (Effective from 3868
passage): 3869
(d) The [executive director of the Office] Commissioner of Health 3870
Strategy may implement policies and procedures necessary to 3871
administer the provisions of this section while in the process of adopting 3872
such policies and procedures as regulation, provided the [executive 3873
director] commissioner holds a public hearing prior to implementing 3874
the policies and procedures and posts notice of intent to adopt 3875
regulations on the office's Internet web site and the eRegulations System 3876
not later than twenty days after the date of implementation. Policies and 3877
procedures implemented pursuant to this section shall be valid until the 3878
time final regulations are adopted. 3879
Sec. 116. Subsection (l) of section 19a-639f of the general statutes is 3880
repealed and the following is substituted in lieu thereof (Effective from 3881
passage): 3882
(l) The [executive director of the Office] Commissioner of Health 3883
Strategy shall adopt regulations, in accordance with the provisions of 3884
chapter 54, concerning cost and market impact reviews and to 3885
administer the provisions of this section. Such regulations shall include 3886
definitions of the following terms: "Dispersed service area", "health 3887
status adjusted total medical expense", "major service category", 3888
"relative prices", "total health care spending" and "health care services". 3889
The [executive director] commissioner may implement policies and 3890
procedures necessary to administer the provisions of this section while 3891
in the process of adopting such policies and procedures in regulation 3892
form, provided the [executive director] commissioner publishes notice 3893
of intention to adopt the regulations on the office's Internet web site and 3894
the eRegulations System not later than twenty days after implementing 3895
such policies and procedures. Policies and procedures implemented 3896
pursuant to this subsection shall be valid until the time such regulations 3897
are effective. 3898
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LCO No. 4030 130 of 165
Sec. 117. Subsections (c) to (f), inclusive, of section 19a-654 of the 3899
general statutes are repealed and the following is substituted in lieu 3900
thereof (Effective from passage): 3901
(c) An outpatient surgical facility, as defined in section 19a-493b, a 3902
short-term acute care general or children's hospital, or a facility that 3903
provides outpatient surgical services as part of the outpatient surgery 3904
department of a short-term acute care hospital shall submit to the unit 3905
the data identified in subsection (c) of section 19a-634. The unit shall 3906
convene a working group consisting of representatives of outpatient 3907
surgical facilities, hospitals and other individuals necessary to develop 3908
recommendations that address current obstacles to, and proposed 3909
requirements for, patient-identifiable data reporting in the outpatient 3910
setting. On or before February 1, 2012, the working group shall report, 3911
in accordance with the provisions of section 11-4a, on its findings and 3912
recommendations to the joint standing committees of the General 3913
Assembly having cognizance of matters relating to public health and 3914
insurance and real estate. Additional reporting of outpatient data as the 3915
unit deems necessary shall begin not later than July 1, 2015. On or before 3916
July 1, 2018, and annually thereafter, the Connecticut Association of 3917
Ambulatory Surgery Centers shall provide a progress report to the 3918
Office of Health Strategy, until such time as all ambulatory surgery 3919
centers are in full compliance with the implementation of systems that 3920
allow for the reporting of outpatient data as required by the [executive 3921
director] commissioner. Until such additional reporting requirements 3922
take effect on July 1, 2015, the department may work with the 3923
Connecticut Association of Ambulatory Surgery Centers and the 3924
Connecticut Hospital Association on specific data reporting initiatives 3925
provided that no penalties shall be assessed under this chapter or any 3926
other provision of law with respect to the failure to submit such data. 3927
(d) Except as provided in this subsection, patient-identifiable data 3928
received by the unit shall be kept confidential and shall not be 3929
considered public records or files subject to disclosure under the 3930
Freedom of Information Act, as defined in section 1-200. The unit may 3931
Governor's Bill No. 6660
LCO No. 4030 131 of 165
release de-identified patient data or aggregate patient data to the public 3932
in a manner consistent with the provisions of 45 CFR 164.514. Any de-3933
identified patient data released by the unit shall exclude provider, 3934
physician and payer organization names or codes and shall be kept 3935
confidential by the recipient. The unit may release patient-identifiable 3936
data (1) for medical and scientific research as provided for in section 3937
19a-25-3 of the regulations of Connecticut state agencies, and (2) to (A) 3938
a state agency for the purpose of improving health care service delivery, 3939
(B) a federal agency or the office of the Attorney General for the purpose 3940
of investigating hospital mergers and acquisitions, (C) another state's 3941
health data collection agency with which the unit has entered into a 3942
reciprocal data-sharing agreement for the purpose of certificate of need 3943
review or evaluation of health care services, upon receipt of a request 3944
from such agency, provided, prior to the release of such patient-3945
identifiable data, such agency enters into a written agreement with the 3946
unit pursuant to which such agency agrees to protect the confidentiality 3947
of such patient-identifiable data and not to use such patient-identifiable 3948
data as a basis for any decision concerning a patient, or (D) a consultant 3949
or independent professional contracted by the Office of Health Strategy 3950
pursuant to section 19a-614, as amended by this act, to carry out the 3951
functions of the unit, including collecting, managing or organizing such 3952
patient-identifiable data. No individual or entity receiving patient-3953
identifiable data may release such data in any manner that may result 3954
in an individual patient, physician, provider or payer being identified. 3955
The unit shall impose a reasonable, cost-based fee for any patient data 3956
provided to a nongovernmental entity. 3957
(e) Not later than October 1, 2018, the Health Systems Planning Unit 3958
shall enter into a memorandum of understanding with the Comptroller 3959
that shall permit the Comptroller to access the data set forth in 3960
subsections (b) and (c) of this section, provided the Comptroller agrees, 3961
in writing, to keep individual patient and provider data identified by 3962
proper name or personal identification code and submitted pursuant to 3963
this section confidential. 3964
Governor's Bill No. 6660
LCO No. 4030 132 of 165
(f) The [executive director of the Office] Commissioner of Health 3965
Strategy shall adopt regulations, in accordance with the provisions of 3966
chapter 54, to carry out the provisions of this section. 3967
Sec. 118. Section 19a-673a of the general statutes is repealed and the 3968
following is substituted in lieu thereof (Effective from passage): 3969
The [executive director of the Office] Commissioner of Health 3970
Strategy shall adopt regulations, in accordance with chapter 54, to 3971
establish uniform debt collection standards for hospitals. 3972
Sec. 119. Section 19a-676 of the general statutes is repealed and the 3973
following is substituted in lieu thereof (Effective from passage): 3974
On or before March thirty-first of each year, for the preceding fiscal 3975
year, each hospital shall submit to the unit, in the form and manner 3976
prescribed by the unit, the data specified in regulations adopted by the 3977
[executive director] commissioner in accordance with chapter 54, the 3978
hospital's verification of net revenue required under section 19a-649 and 3979
any other data required by the unit, including hospital budget system 3980
data for the hospital's twelve months' actual filing requirements. 3981
Sec. 120. Subdivisions (1) to (4), inclusive, of subsection (b) of section 3982
19a-725 of the general statutes are repealed and the following is 3983
substituted in lieu thereof (Effective from passage): 3984
(b) (1) The Health Care Cabinet shall consist of the following 3985
members who shall be appointed on or before August 1, 2011: (A) Five 3986
appointed by the Governor, two of whom may represent the health care 3987
industry and shall serve for terms of four years, one of whom shall 3988
represent community health centers and shall serve for a term of three 3989
years, one of whom shall represent insurance producers and shall serve 3990
for a term of three years and one of whom shall be an at-large 3991
appointment and shall serve for a term of three years; (B) one appointed 3992
by the president pro tempore of the Senate, who shall be an oral health 3993
specialist engaged in active practice and shall serve for a term of four 3994
Governor's Bill No. 6660
LCO No. 4030 133 of 165
years; (C) one appointed by the majority leader of the Senate, who shall 3995
represent labor and shall serve for a term of three years; (D) one 3996
appointed by the minority leader of the Senate, who shall be an 3997
advanced practice registered nurse engaged in active practice and shall 3998
serve for a term of two years; (E) one appointed by the speaker of the 3999
House of Representatives, who shall be a consumer advocate and shall 4000
serve for a term of four years; (F) one appointed by the majority leader 4001
of the House of Representatives, who shall be a primary care physician 4002
engaged in active practice and shall serve for a term of four years; (G) 4003
one appointed by the minority leader of the House of Representatives, 4004
who shall represent the health information technology industry and 4005
shall serve for a term of three years; (H) five appointed jointly by the 4006
chairpersons of the SustiNet Health Partnership board of directors, one 4007
of whom shall represent faith communities, one of whom shall represent 4008
small businesses, one of whom shall represent the home health care 4009
industry, one of whom shall represent hospitals, and one of whom shall 4010
be an at-large appointment, all of whom shall serve for terms of five 4011
years; (I) the [executive director of the Office] Commissioner of Health 4012
Strategy, or the [executive director's] commissioner's designee; (J) the 4013
Secretary of the Office of Policy and Management, or the secretary's 4014
designee; the Comptroller, or the Comptroller's designee; the chief 4015
executive officer of the Connecticut Health Insurance Exchange, or said 4016
officer's designee; the Commissioners of Social Services and Public 4017
Health, or their designees; and the Healthcare Advocate, or the 4018
Healthcare Advocate's designee, all of whom shall serve as ex-officio 4019
voting members; and (K) the Commissioners of Children and Families, 4020
Developmental Services and Mental Health and Addiction Services, and 4021
the Insurance Commissioner, or their designees, and the nonprofit 4022
liaison to the Governor, or the nonprofit liaison's designee, all of whom 4023
shall serve as ex-officio nonvoting members. 4024
(2) Following the expiration of initial cabinet member terms, 4025
subsequent cabinet terms shall be for four years, commencing on 4026
August first of the year of the appointment. If an appointing authority 4027
Governor's Bill No. 6660
LCO No. 4030 134 of 165
fails to make an initial appointment to the cabinet or an appointment to 4028
fill a cabinet vacancy within ninety days of the date of such vacancy, the 4029
appointed cabinet members shall, by majority vote, make such 4030
appointment to the cabinet. 4031
(3) Upon the expiration of the initial terms of the five cabinet 4032
members appointed by SustiNet Health Partnership board of directors, 4033
five successor cabinet members shall be appointed as follows: (A) One 4034
appointed by the Governor; (B) one appointed by the president pro 4035
tempore of the Senate; (C) one appointed by the speaker of the House of 4036
Representatives; and (D) two appointed by majority vote of the 4037
appointed board members. Successor board members appointed 4038
pursuant to this subdivision shall be at-large appointments. 4039
(4) The [executive director of the Office] Commissioner of Health 4040
Strategy, or the [executive director's] commissioner's designee, shall 4041
serve as the chairperson of the Health Care Cabinet. 4042
Sec. 121. Subsection (a) of section 19a-754a of the general statutes is 4043
repealed and the following is substituted in lieu thereof (Effective from 4044
passage): 4045
(a) There is established an Office of Health Strategy, which shall be 4046
within the Department of Public Health for administrative purposes 4047
only. The department head of said office shall be the [executive director 4048
of the Office] Commissioner of Health Strategy, who shall be appointed 4049
by the Governor in accordance with the provisions of sections 4-5 to 4-4050
8, inclusive, as amended by this act, with the powers and duties therein 4051
prescribed. 4052
Sec. 122. Subsections (c) and (d) of section 19a-754b of the general 4053
statutes are repealed and the following is substituted in lieu thereof 4054
(Effective from passage): 4055
(c) (1) Beginning on January 1, 2020, the [executive director of the 4056
Office] Commissioner of Health Strategy may conduct a study, with the 4057
Governor's Bill No. 6660
LCO No. 4030 135 of 165
assistance of the Comptroller and not more frequently than once 4058
annually, of each pharmaceutical manufacturer of a pipeline drug that, 4059
in the opinion of the [executive director] commissioner in consultation 4060
with the Comptroller and the Commissioner of Social Services, may 4061
have a significant impact on state expenditures for outpatient 4062
prescription drugs. The office may work with the Comptroller to utilize 4063
existing state resources and contracts, or contract with a third party, 4064
including, but not limited to, an accounting firm, to conduct such study. 4065
(2) Each pharmaceutical manufacturer that is the subject of a study 4066
conducted pursuant to subdivision (1) of this subsection shall submit to 4067
the office, or any contractor engaged by the office or the Comptroller to 4068
perform such study, the following information for the pipeline drug that 4069
is the subject of such study: 4070
(A) The primary disease, condition or therapeutic area studied in 4071
connection with such drug, and whether such drug is therapeutically 4072
indicated for such disease, condition or therapeutic area; 4073
(B) Each route of administration studied for such drug; 4074
(C) Clinical trial comparators, if applicable, for such drug; 4075
(D) The estimated year of market entry for such drug; 4076
(E) Whether the federal Food and Drug Administration has 4077
designated such drug as an orphan drug, a fast track product or a 4078
breakthrough therapy; and 4079
(F) Whether the federal Food and Drug Administration has 4080
designated such drug for accelerated approval and, if such drug 4081
contains a new molecular entity, for priority review. 4082
(d) (1) On or before March 1, 2020, and annually thereafter, the 4083
[executive director of the Office] Commissioner of Health Strategy, in 4084
consultation with the Comptroller, Commissioner of Social Services and 4085
Commissioner of Public Health, shall prepare a list of not more than ten 4086
Governor's Bill No. 6660
LCO No. 4030 136 of 165
outpatient prescription drugs that the [executive director] 4087
commissioner, in the [executive director's] commissioner's discretion, 4088
determines are (A) provided at substantial cost to the state, considering 4089
the net cost of such drugs, or (B) critical to public health. The list shall 4090
include outpatient prescription drugs from different therapeutic classes 4091
of outpatient prescription drugs and at least one generic outpatient 4092
prescription drug. 4093
(2) The [executive director] commissioner shall not list any outpatient 4094
prescription drug under subdivision (1) of this subsection unless the 4095
wholesale acquisition cost of the drug, less all rebates paid to the state 4096
for such drug during the immediately preceding calendar year, (A) 4097
increased by at least (i) twenty per cent during the immediately 4098
preceding calendar year, or (ii) fifty per cent during the immediately 4099
preceding three calendar years, and (B) was not less than sixty dollars 4100
for (i) a thirty-day supply of such drug, or (ii) a course of treatment of 4101
such drug lasting less than thirty days. 4102
(3) (A) The pharmaceutical manufacturer of an outpatient 4103
prescription drug included on a list prepared by the [executive director] 4104
commissioner pursuant to subdivision (1) of this subsection shall 4105
provide to the office, in a form and manner specified by the [executive 4106
director] commissioner, (i) a written, narrative description, suitable for 4107
public release, of all factors that caused the increase in the wholesale 4108
acquisition cost of the listed outpatient prescription drug, and (ii) 4109
aggregate, company-level research and development costs and such 4110
other capital expenditures that the [executive director] commissioner, in 4111
the [executive director's] commissioner's discretion, deems relevant for 4112
the most recent year for which final audited data are available. 4113
(B) The quality and types of information and data that a 4114
pharmaceutical manufacturer submits to the office under this 4115
subdivision shall be consistent with the quality and types of information 4116
and data that the pharmaceutical manufacturer includes in (i) such 4117
pharmaceutical manufacturer's annual consolidated report on Securities 4118
Governor's Bill No. 6660
LCO No. 4030 137 of 165
and Exchange Commission Form 10 -K, or (ii) any other public 4119
disclosure. 4120
(4) The office shall establish a standardized form for reporting 4121
information and data pursuant to this subsection after consulting with 4122
pharmaceutical manufacturers. The form shall be designed to minimize 4123
the administrative burden and cost of reporting on the office and 4124
pharmaceutical manufacturers. 4125
Sec. 123. Section 19a-754e of the general statutes is repealed and the 4126
following is substituted in lieu thereof (Effective from passage): 4127
(a) The [Executive Director of the Office] Commissioner of Health 4128
Strategy, in consultation with the Office of Policy and Management, the 4129
Department of Social Services, the Connecticut Insurance Department 4130
and the Connecticut Health Insurance Exchange established pursuant to 4131
section 38a-1081, shall study the feasibility of offering health care 4132
coverage for (1) income-eligible children ages nine to eighteen, 4133
inclusive, regardless of immigration status, who are not otherwise 4134
eligible for Medicaid, the Children's Health Insurance Program, or an 4135
offer of affordable employer sponsored insurance as defined in the 4136
Affordable Care Act, as an employee or a dependent of an employee, 4137
and (2) adults with household income not exceeding two hundred per 4138
cent of the federal poverty level who do not otherwise qualify for 4139
medical assistance, an offer of affordable, employer-sponsored 4140
insurance as defined in the Affordable Care Act, as an employee or a 4141
dependent of an employee, or health care coverage through the 4142
Connecticut Health Insurance Exchange due to household income. 4143
(b) The study on the feasibility of providing health care coverage to 4144
income-eligible children ages nine to eighteen, inclusive, shall include, 4145
but not be limited to: (1) The age groups that would be provided medical 4146
assistance in each year, and appropriations necessary to provide such 4147
assistance, (2) income eligibility criteria and health care coverage 4148
consistent with the medical assistance programs established pursuant to 4149
Governor's Bill No. 6660
LCO No. 4030 138 of 165
sections 17b-261 and 17b-292, and (3) recommendations for identifying 4150
and enrolling such children in such coverage. 4151
(c) The study on the feasibility of providing health care coverage for 4152
adults with household income not exceeding two hundred per cent of 4153
the federal poverty level shall include, but not be limited to: (1) 4154
Household income caps for adults who would be provided health care 4155
coverage in each year, and appropriations necessary to provide such 4156
coverage, (2) health care coverage consistent with the medical assistance 4157
programs established pursuant to section 17b-261 and the HUSKY D 4158
program as defined in section 17b-290, and (3) recommendations for 4159
identifying and enrolling such adults in such coverage. 4160
(d) Not later than July 1, 2022, the [executive director] commissioner 4161
shall report, in accordance with the provisions of section 11-4a, on 4162
provisions of the feasibility study to the joint standing committees of the 4163
General Assembly having cognizance of matters relating to 4164
appropriations and the budgets of state agencies, human services and 4165
insurance and real estate. 4166
Sec. 124. Subdivisions (1) to (9), inclusive, of section 19a-754f of the 4167
general statutes are repealed and the following is substituted in lieu 4168
thereof (Effective from passage): 4169
(1) "Drug manufacturer" means the manufacturer of a drug that is: 4170
(A) Included in the information and data submitted by a health carrier 4171
pursuant to section 38a-479qqq, (B) studied or listed pursuant to 4172
subsection (c) or (d) of section 19a-754b, as amended by this act, or (C) 4173
in a therapeutic class of drugs that the [executive director] commissioner 4174
determines, through public or private reports, has had a substantial 4175
impact on prescription drug expenditures, net of rebates, as a 4176
percentage of total health care expenditures; 4177
(2) ["Executive director"] "Commissioner" means the [executive 4178
director of the Office] Commissioner of Health Strategy; 4179
Governor's Bill No. 6660
LCO No. 4030 139 of 165
(3) "Health care cost growth benchmark" means the annual 4180
benchmark established pursuant to section 19a-754g, as amended by 4181
this act; 4182
(4) "Health care quality benchmark" means an annual benchmark 4183
established pursuant to section 19a-754g, as amended by this act; 4184
(5) "Health care provider" has the same meaning as provided in 4185
subdivision (1) of subsection (a) of section 19a-17b; 4186
(6) "Net cost of private health insurance" means the difference 4187
between premiums earned and benefits incurred, and includes insurers' 4188
costs of paying bills, advertising, sales commissions, and other 4189
administrative costs, net additions or subtractions from reserves, rate 4190
credits and dividends, premium taxes and profits or losses; 4191
(7) "Office" means the Office of Health Strategy established under 4192
section 19a-754a, as amended by this act; 4193
(8) "Other entity" means a drug manufacturer, pharmacy benefits 4194
manager or other health care provider that is not considered a provider 4195
entity; 4196
(9) "Payer" means a payer, including Medicaid, Medicare and 4197
governmental and nongovernment health plans, and includes any 4198
organization acting as payer that is a subsidiary, affiliate or business 4199
owned or controlled by a payer that, during a given calendar year, pays 4200
health care providers for health care services or pharmacies or provider 4201
entities for prescription drugs designated by the [executive director] 4202
commissioner; 4203
Sec. 125. Section 19a-754g of the general statutes is repealed and the 4204
following is substituted in lieu thereof (Effective from passage): 4205
(a) Not later than July 1, 2022, the [executive director] commissioner 4206
shall publish (1) the health care cost growth benchmarks and annual 4207
primary care spending targets as a percentage of total medical expenses 4208
Governor's Bill No. 6660
LCO No. 4030 140 of 165
for the calendar years 2021 to 2025, inclusive, and (2) the annual health 4209
care quality benchmarks for the calendar years 2022 to 2025, inclusive, 4210
on the office's Internet web site. 4211
(b) (1) (A) Not later than July 1, 2025, and every five years thereafter, 4212
the [executive director] commissioner shall develop and adopt annual 4213
health care cost growth benchmarks and annual primary care spending 4214
targets for the succeeding five calendar years for provider entities and 4215
payers. 4216
(B) In developing the health care cost growth benchmarks and 4217
primary care spending targets pursuant to this subdivision, the 4218
[executive director] commissioner shall consider (i) any historical and 4219
forecasted changes in median income for individuals in the state and the 4220
growth rate of potential gross state product, (ii) the rate of inflation, and 4221
(iii) the most recent report prepared by the [executive director] 4222
commissioner pursuant to subsection (b) of section 19a-754h, as 4223
amended by this act. 4224
(C) (i) The [executive director] commissioner shall hold at least one 4225
informational public hearing prior to adopting the health care cost 4226
growth benchmarks and primary care spending targets for each 4227
succeeding five-year period described in this subdivision. The 4228
[executive director] commissioner may hold informational public 4229
hearings concerning any annual health care cost growth benchmark and 4230
primary care spending target set pursuant to subsection (a) or 4231
subdivision (1) of subsection (b) of this section. Such informational 4232
public hearings shall be held at a time and place designated by the 4233
[executive director] commissioner in a notice prominently posted by the 4234
[executive director] commissioner on the office's Internet web site and 4235
in a form and manner prescribed by the [executive director] 4236
commissioner. The [executive director] commissioner shall make 4237
available on the office's Internet web site a summary of any such 4238
informational public hearing and include the [executive director's] 4239
commissioner's recommendations, if any, to modify or not to modify 4240
Governor's Bill No. 6660
LCO No. 4030 141 of 165
any such annual benchmark or target. 4241
(ii) If the [executive director] commissioner determines, after any 4242
informational public hearing held pursuant to this subparagraph, that a 4243
modification to any health care cost growth benchmark or annual 4244
primary care spending target is, in the [executive director's] 4245
commissioner's discretion, reasonably warranted, the [executive 4246
director] commissioner may modify such benchmark or target. 4247
(iii) The [executive director] commissioner shall annually (I) review 4248
the current and projected rate of inflation, and (II) include on the office's 4249
Internet web site the [executive director's] commissioner's findings of 4250
such review, including the reasons for making or not making a 4251
modification to any applicable health care cost growth benchmark. If the 4252
[executive director] commissioner determines that the rate of inflation 4253
requires modification of any health care cost growth benchmark 4254
adopted under this section, the [executive director] commissioner may 4255
modify such benchmark. In such event, the [executive director] 4256
commissioner shall not be required to hold an informational public 4257
hearing concerning such modified health care cost growth benchmark. 4258
(D) The [executive director] commissioner shall post each adopted 4259
health care cost growth benchmark and annual primary care spending 4260
target on the office's Internet web site. 4261
(E) Notwithstanding the provisions of subparagraphs (A) to (D), 4262
inclusive, of this subdivision, if the average annual health care cost 4263
growth benchmark for a succeeding five-year period described in this 4264
subdivision differs from the average annual health care cost growth 4265
benchmark for the five-year period preceding such succeeding five-year 4266
period by more than one-half of one per cent, the [executive director] 4267
commissioner shall submit the annual health care cost growth 4268
benchmarks developed for such succeeding five-year period to the joint 4269
standing committee of the General Assembly having cognizance of 4270
matters relating to insurance for the committee's review and approval. 4271
Governor's Bill No. 6660
LCO No. 4030 142 of 165
The committee shall be deemed to have approved such annual health 4272
care cost growth benchmarks for such succeeding five-year period, 4273
except upon a vote to reject such benchmarks by the majority of 4274
committee members at a meeting of such committee called for the 4275
purpose of reviewing such benchmarks and held not later than thirty 4276
days after the [executive director] commissioner submitted such 4277
benchmarks to such committee. If the committee votes to reject such 4278
benchmarks, the [executive director] commissioner may submit to the 4279
committee modified annual health care cost growth benchmarks for 4280
such succeeding five-year period for the committee's review and 4281
approval in accordance with the provisions of this subparagraph. The 4282
[executive director] commissioner shall not be required to hold an 4283
informational public hearing concerning such modified benchmarks. 4284
Until the joint standing committee of the General Assembly having 4285
cognizance of matters relating to insurance approves annual health care 4286
cost growth benchmarks for the succeeding five-year period, such 4287
benchmarks shall be deemed to be equal to the average annual health 4288
care cost growth benchmark for the preceding five-year period. 4289
(2) (A) Not later than July 1, 2025, and every five years thereafter, the 4290
[executive director] commissioner shall develop and adopt annual 4291
health care quality benchmarks for the succeeding five calendar years 4292
for provider entities and payers. 4293
(B) In developing annual health care quality benchmarks pursuant to 4294
this subdivision, the [executive director] commissioner shall consider (i) 4295
quality measures endorsed by nationally recognized organizations, 4296
including, but not limited to, the National Quality Forum, the National 4297
Committee for Quality Assurance, the Centers for Medicare and 4298
Medicaid Services, the Centers for Disease Control, the Joint 4299
Commission and expert organizations that develop health equity 4300
measures, and (ii) measures that: (I) Concern health outcomes, 4301
overutilization, underutilization and patient safety, (II) meet standards 4302
of patient-centeredness and ensure consideration of differences in 4303
preferences and clinical characteristics within patient subpopulations, 4304
Governor's Bill No. 6660
LCO No. 4030 143 of 165
and (III) concern community health or population health. 4305
(C) (i) The [executive director] commissioner shall hold at least one 4306
informational public hearing prior to adopting the health care quality 4307
benchmarks for each succeeding five-year period described in this 4308
subdivision. The [executive director] commissioner may hold 4309
informational public hearings concerning the quality measures the 4310
[executive director] commissioner proposes to adopt as health care 4311
quality benchmarks. Such informational public hearings shall be held at 4312
a time and place designated by the [executive director] commissioner in 4313
a notice prominently posted by the [executive director] commissioner 4314
on the office's Internet web site and in a form and manner prescribed by 4315
the [executive director] commissioner. The [executive director] 4316
commissioner shall make available on the office's Internet web site a 4317
summary of any such informational public hearing and include the 4318
[executive director's] commissioner's recommendations, if any, to 4319
modify or not modify any such health care quality benchmark. 4320
(ii) If the [executive director] commissioner determines, after any 4321
informational public hearing held pursuant to this subparagraph, that 4322
modifications to any health care quality benchmarks are, in the 4323
[executive director's] commissioner's discretion, reasonably warranted, 4324
the [executive director] commissioner may modify such quality 4325
benchmarks. The [executive director] commissioner shall not be 4326
required to hold an additional informational public hearing concerning 4327
such modified quality benchmarks. 4328
(D) The [executive director] commissioner shall post each adopted 4329
health care quality benchmark on the office's Internet web site. 4330
(c) The [executive director] commissioner may enter into such 4331
contractual agreements as may be necessary to carry out the purposes 4332
of this section, including, but not limited to, contractual agreements 4333
with actuarial, economic and other experts and consultants. 4334
Sec. 126. Section 19a-754h of the general statutes is repealed and the 4335
Governor's Bill No. 6660
LCO No. 4030 144 of 165
following is substituted in lieu thereof (Effective from passage): 4336
(a) Not later than August 15, 2022, and annually thereafter, each 4337
payer shall report to the [executive director] commissioner, in a form 4338
and manner prescribed by the [executive director] commissioner, for the 4339
preceding or prior years, if the [executive director] commissioner so 4340
requests based on material changes to data previously submitted, 4341
aggregated data, including aggregated self-funded data as applicable, 4342
necessary for the [executive director] commissioner to calculate total 4343
health care expenditures, primary care spending as a percentage of total 4344
medical expenses and net cost of private health insurance. Each payer 4345
shall also disclose, as requested by the [executive director] 4346
commissioner, payer data required for adjusting total medical expense 4347
calculations to reflect changes in the patient population. 4348
(b) Not later than March 31, 2023, and annually thereafter, the 4349
[executive director] commissioner shall prepare and post on the office's 4350
Internet web site, a report concerning the total health care expenditures 4351
utilizing the total aggregate medical expenses reported by payers 4352
pursuant to subsection (a) of this section, including, but not limited to, 4353
a breakdown of such population-adjusted total medical expenses by 4354
payer and provider entities. The report may include, but shall not be 4355
limited to, information regarding the following: 4356
(1) Trends in major service category spending; 4357
(2) Primary care spending as a percentage of total medical expenses; 4358
(3) The net cost of private health insurance by payer by market 4359
segment, including individual, small group, large group, self-insured, 4360
student and Medicare Advantage markets; and 4361
(4) Any other factors the [executive director] commissioner deems 4362
relevant to providing context on such data, which shall include, but not 4363
be limited to, the following factors: (A) The impact of the rate of inflation 4364
and rate of medical inflation; (B) impacts, if any, on access to care; and 4365
Governor's Bill No. 6660
LCO No. 4030 145 of 165
(C) responses to public health crises or similar emergencies. 4366
(c) The [executive director] commissioner shall annually submit a 4367
request to the federal Centers for Medicare and Medicaid Services for 4368
the unadjusted total medical expenses of Connecticut residents. 4369
(d) Not later than August 15, 2023, and annually thereafter, each 4370
payer or provider entity shall report to the [executive director] 4371
commissioner in a form and manner prescribed by the [executive 4372
director] commissioner, for the preceding year, and for prior years if the 4373
[executive director] commissioner so requests based on material 4374
changes to data previously submitted, on the health care quality 4375
benchmarks adopted pursuant to section 19a-754g, as amended by this 4376
act. 4377
(e) Not later than March 31, 2024, and annually thereafter, the 4378
[executive director] commissioner shall prepare and post on the office's 4379
Internet web site, a report concerning health care quality benchmarks 4380
reported by payers and provider entities pursuant to subsection (d) of 4381
this section. 4382
(f) The [executive director] commissioner may enter into such 4383
contractual agreements as may be necessary to carry out the purposes 4384
of this section, including, but not limited to, contractual agreements 4385
with actuarial, economic and other experts and consultants. 4386
Sec. 127. Section 19a-754i of the general statutes is repealed and the 4387
following is substituted in lieu thereof (Effective from passage): 4388
(a) (1) For each calendar year, beginning on January 1, 2023, the 4389
[executive director] commissioner shall, if the payer or provider entity 4390
subject to the cost growth benchmark or primary care spending target 4391
so requests, meet with such payer or provider entity to review and 4392
validate the total medical expenses data collected pursuant to section 4393
19a-754h, as amended by this act, for such payer or provider entity. The 4394
[executive director] commissioner shall review information provided by 4395
Governor's Bill No. 6660
LCO No. 4030 146 of 165
the payer or provider entity and, if deemed necessary, amend findings 4396
for such payer or provider prior to the identification of payer or 4397
provider entities that exceeded the health care cost growth benchmark 4398
or failed to meet the primary care spending target for the performance 4399
year as set forth in section 19a-754h, as amended by this act. The 4400
[executive director] commissioner shall identify, not later than May first 4401
of such calendar year, each payer or provider entity that exceeded the 4402
health care cost growth benchmark or failed to meet the primary care 4403
spending target for the performance year. 4404
(2) For each calendar year beginning on or after January 1, 2024, the 4405
[executive director] commissioner shall, if the payer or provider entity 4406
subject to the health care quality benchmarks for the performance year 4407
so requests, meet with such payer or provider entity to review and 4408
validate the quality data collected pursuant to section 19a-754h, as 4409
amended by this act, for such payer or provider entity. The [executive 4410
director] commissioner shall review information provided by the payer 4411
or provider entity and, if deemed necessary, amend findings for such 4412
payer or provider prior to the identification of payer or provider entities 4413
that exceeded the health care quality benchmark as set forth in section 4414
19a-754h, as amended by this act. The [executive director] commissioner 4415
shall identify, not later than May first of such calendar year, each payer 4416
or provider entity that exceeded the health care quality benchmark for 4417
the performance year. 4418
(3) Not later than thirty days after the [executive director] 4419
commissioner identifies each payer or provider entity pursuant to 4420
subdivisions (1) and (2) of this subsection, the [executive director] 4421
commissioner shall send a notice to each such payer or provider entity. 4422
Such notice shall be in a form and manner prescribed by the [executive 4423
director] commissioner, and shall disclose to each such payer or 4424
provider entity: 4425
(A) That the [executive director] commissioner has identified such 4426
payer or provider entity pursuant to subdivision (1) or (2) of this 4427
Governor's Bill No. 6660
LCO No. 4030 147 of 165
subsection; and 4428
(B) The factual basis for the [executive director's] commissioner's 4429
identification of such payer or provider entity pursuant to subdivision 4430
(1) or (2) of this subsection. 4431
(b) (1) For each calendar year beginning on and after January 1, 2023, 4432
if the [executive director] commissioner determines that the annual 4433
percentage change in total health care expenditures for the performance 4434
year exceeded the health care cost growth benchmark for such year, the 4435
[executive director] commissioner shall identify, not later than May first 4436
of such calendar year, any other entity that significantly contributed to 4437
exceeding such benchmark. Each identification shall be based on: 4438
(A) The report prepared by the [executive director] commissioner 4439
pursuant to subsection (b) of section 19a-754h, as amended by this act, 4440
for such calendar year; 4441
(B) The report filed pursuant to section 38a-479ppp for such calendar 4442
year; 4443
(C) The information and data reported to the office pursuant to 4444
subsection (d) of section 19a-754b for such calendar year; 4445
(D) Information obtained from the all-payer claims database 4446
established under section 19a-755a, as amended by this act; and 4447
(E) Any other information that the [executive director] commissioner, 4448
in the [executive director's] commissioner's discretion, deems relevant 4449
for the purposes of this section. 4450
(2) The [executive director] commissioner shall account for costs, net 4451
of rebates and discounts, when identifying other entities pursuant to 4452
this section. 4453
Sec. 128. Section 19a-754j of the general statutes is repealed and the 4454
following is substituted in lieu thereof (Effective from passage): 4455
Governor's Bill No. 6660
LCO No. 4030 148 of 165
(a) (1) Not later than June 30, 2023, and annually thereafter, the 4456
[executive director] commissioner shall hold an informational public 4457
hearing to compare the growth in total health care expenditures in the 4458
performance year to the health care cost growth benchmark established 4459
pursuant to section 19a-754g, as amended by this act, for such year. Such 4460
hearing shall involve an examination of: 4461
(A) The report most recently prepared by the [executive director] 4462
commissioner pursuant to subsection (b) of section 19a-754h, as 4463
amended by this act; 4464
(B) The expenditures of provider entities and payers, including, but 4465
not limited to, health care cost trends, primary care spending as a 4466
percentage of total medical expenses and the factors contributing to 4467
such costs and expenditures; and 4468
(C) Any other matters that the [executive director] commissioner, in 4469
the [executive director's] commissioner's discretion, deems relevant for 4470
the purposes of this section. 4471
(2) The [executive director] commissioner may require any payer or 4472
provider entity that, for the performance year, is found to be a 4473
significant contributor to health care cost growth in the state or has 4474
failed to meet the primary care spending target, to participate in such 4475
hearing. Each such payer or provider entity that is required to 4476
participate in such hearing shall provide testimony on issues identified 4477
by the [executive director] commissioner and provide additional 4478
information on actions taken to reduce such payer's or entity's 4479
contribution to future state-wide health care costs and expenditures or 4480
to increase such payer's or provider entity's primary care spending as a 4481
percentage of total medical expenses. 4482
(3) The [executive director] commissioner may require that any other 4483
entity that is found to be a significant contributor to health care cost 4484
growth in this state during the performance year participate in such 4485
hearing. Any other entity that is required to participate in such hearing 4486
Governor's Bill No. 6660
LCO No. 4030 149 of 165
shall provide testimony on issues identified by the [executive director] 4487
commissioner and provide additional information on actions taken to 4488
reduce such other entity's contribution to future state-wide health care 4489
costs. If such other entity is a drug manufacturer, and the [executive 4490
director] commissioner requires that such drug manufacturer 4491
participate in such hearing with respect to a specific drug or class of 4492
drugs, such hearing may, to the extent possible, include representatives 4493
from at least one brand-name manufacturer, one generic manufacturer 4494
and one innovator company that is less than ten years old. 4495
(4) Not later than October 15, 2023, and annually thereafter, the 4496
[executive director] commissioner shall prepare and submit a report, in 4497
accordance with section 11-4a, to the joint standing committees of the 4498
General Assembly having cognizance of matters relating to insurance 4499
and public health. Such report shall be based on the [executive 4500
director's] commissioner's analysis of the information submitted during 4501
the most recent informational public hearing conducted pursuant to this 4502
subsection and any other information that the [executive director] 4503
commissioner, in the [executive director's] commissioner's discretion, 4504
deems relevant for the purposes of this section, and shall: 4505
(A) Describe health care spending trends in this state, including, but 4506
not limited to, trends in primary care spending as a percentage of total 4507
medical expense, and the factors underlying such trends; 4508
(B) Include the findings from the report prepared pursuant to 4509
subsection (b) of section 19a-754h, as amended by this act; 4510
(C) Describe a plan for monitoring any unintended adverse 4511
consequences resulting from the adoption of cost growth benchmarks 4512
and primary care spending targets and the results of any findings from 4513
the implementation of such plan; and 4514
(D) Disclose the [executive director's] commissioner's 4515
recommendations, if any, concerning strategies to increase the efficiency 4516
of the state's health care system, including, but not limited to, any 4517
Governor's Bill No. 6660
LCO No. 4030 150 of 165
recommended legislation concerning the state's health care system. 4518
(b) (1) Not later than June 30, 2024, and annually thereafter, the 4519
[executive director] commissioner shall hold an informational public 4520
hearing to compare the performance of payers and provider entities in 4521
the performance year to the quality benchmarks established for such 4522
year pursuant to section 19a-754g, as amended by this act. Such hearing 4523
shall include an examination of: 4524
(A) The report most recently prepared by the [executive director] 4525
commissioner pursuant to subsection (e) of section 19a-754h, as 4526
amended by this act; and 4527
(B) Any other matters that the [executive director] commissioner, in 4528
the [executive director's] commissioner's discretion, deems relevant for 4529
the purposes of this section. 4530
(2) The [executive director] commissioner may require any payer or 4531
provider entity that failed to meet any health care quality benchmarks 4532
in this state during the performance year to participate in such hearing. 4533
Each such payer or provider entity that is required to participate in such 4534
hearing shall provide testimony on issues identified by the [executive 4535
director] commissioner and provide additional information on actions 4536
taken to improve such payer's or provider entity's quality benchmark 4537
performance. 4538
(3) Not later than October 15, 2024, and annually thereafter, the 4539
[executive director] commissioner shall prepare and submit a report, in 4540
accordance with section 11-4a, to the joint standing committees of the 4541
General Assembly having cognizance of matters relating to insurance 4542
and public health. Such report shall be based on the [executive 4543
director's] commissioner's analysis of the information submitted during 4544
the most recent informational public hearing conducted pursuant to this 4545
subsection and any other information that the [executive director] 4546
commissioner, in the [executive director's] commissioner's discretion, 4547
deems relevant for the purposes of this section, and shall: 4548
Governor's Bill No. 6660
LCO No. 4030 151 of 165
(A) Describe health care quality trends in this state and the factors 4549
underlying such trends; 4550
(B) Include the findings from the report prepared pursuant to 4551
subsection (e) of section 19a-754h, as amended by this act; and 4552
(C) Disclose the [executive director's] commissioner's 4553
recommendations, if any, concerning strategies to improve the quality 4554
of the state's health care system, including, but not limited to, any 4555
recommended legislation concerning the state's health care system. 4556
Sec. 129. Section 19a-754k of the general statutes is repealed and the 4557
following is substituted in lieu thereof (Effective from passage): 4558
The [executive director] commissioner may adopt regulations, in 4559
accordance with chapter 54, to implement the provisions of section 19a-4560
754a, as amended by this act, and sections 19a-754f to 19a-754j, inclusive, 4561
as amended by this act. 4562
Sec. 130. Subsections (b) and (c) of section 19a-755a of the general 4563
statutes are repealed and the following is substituted in lieu thereof 4564
(Effective from passage): 4565
(b) (1) There is established an all-payer claims database program. The 4566
Office of Health Strategy shall: (A) Oversee the planning, 4567
implementation and administration of the all-payer claims database 4568
program for the purpose of collecting, assessing and reporting health 4569
care information relating to safety, quality, cost-effectiveness, access and 4570
efficiency for all levels of health care; (B) ensure that data received is 4571
securely collected, compiled and stored in accordance with state and 4572
federal law; (C) conduct audits of data submitted by reporting entities 4573
in order to verify its accuracy; and (D) in consultation with the Health 4574
Information Technology Advisory Council established under section 4575
17b-59f, as amended by this act, maintain written procedures for the 4576
administration of such all-payer claims database. Any such written 4577
procedures shall include (i) reporting requirements for reporting 4578
Governor's Bill No. 6660
LCO No. 4030 152 of 165
entities, and (ii) requirements for providing notice to a reporting entity 4579
regarding any alleged failure on the part of such reporting entity to 4580
comply with such reporting requirements. 4581
(2) The [executive director of the Office] Commissioner of Health 4582
Strategy shall seek funding from the federal government, other public 4583
sources and other private sources to cover costs associated with the 4584
planning, implementation and administration of the all-payer claims 4585
database program. 4586
(3) (A) Upon the adoption of reporting requirements as set forth in 4587
subdivision (1) of this subsection, a reporting entity shall report health 4588
care information for inclusion in the all-payer claims database in a form 4589
and manner prescribed by the [executive director of the Office] 4590
Commissioner of Health Strategy. The [executive director] 4591
commissioner may, after notice and hearing, impose a civil penalty on 4592
any reporting entity that fails to report health care information as 4593
prescribed. Such civil penalty shall not exceed one thousand dollars per 4594
day for each day of violation and shall not be imposed as a cost for the 4595
purpose of rate determination or reimbursement by a third-party payer. 4596
(B) The [executive director of the Office] Commissioner of Health 4597
Strategy may provide the name of any reporting entity on which such 4598
penalty has been imposed to the Insurance Commissioner. After 4599
consultation with [said executive director] the Commissioner of Health 4600
Strategy, the [commissioner] Insurance Commissioner may request the 4601
Attorney General to bring an action in the superior court for the judicial 4602
district of Hartford to recover any penalty imposed pursuant to 4603
subparagraph (A) of this subdivision. 4604
(4) The Commissioner of Social Services shall submit Medicaid and 4605
CHIP data to the [executive director of the Office] Commissioner of 4606
Health Strategy for inclusion in the all-payer claims database only for 4607
purposes related to administration of the State Medicaid and CHIP 4608
Plans, in accordance with 42 CFR 431.301 to 42 CFR 431.306, inclusive. 4609
Governor's Bill No. 6660
LCO No. 4030 153 of 165
(5) The [executive director of the Office] Commissioner of Health 4610
Strategy shall: (A) Utilize data in the all-payer claims database to 4611
provide health care consumers in the state with information concerning 4612
the cost and quality of health care services for the purpose of allowing 4613
such consumers to make economically sound and medically 4614
appropriate health care decisions; and (B) make data in the all-payer 4615
claims database available to any state agency, insurer, employer, health 4616
care provider, consumer of health care services or researcher for the 4617
purpose of allowing such person or entity to review such data as it 4618
relates to health care utilization, costs or quality of health care services. 4619
If health information, as defined in 45 CFR 160.103, as amended from 4620
time to time, is permitted to be disclosed under the Health Insurance 4621
Portability and Accountability Act of 1996, P.L. 104-191, as amended 4622
from time to time, or regulations adopted thereunder, any disclosure 4623
thereof made pursuant to this subdivision shall have identifiers 4624
removed, as set forth in 45 CFR 164.514, as amended from time to time. 4625
Any disclosure made pursuant to this subdivision of information other 4626
than health information shall be made in a manner to protect the 4627
confidentiality of such other information as required by state and 4628
federal law. The [executive director of the Office] Commissioner of 4629
Health Strategy may set a fee to be charged to each person or entity 4630
requesting access to data stored in the all-payer claims database. 4631
(6) The [executive director of the Office] Commissioner of Health 4632
Strategy may (A) in consultation with the All-Payer Claims Database 4633
Advisory Group set forth in section 17b-59f, as amended by this act, 4634
enter into a contract with a person or entity to plan, implement or 4635
administer the all-payer claims database program, (B) enter into a 4636
contract or take any action that is necessary to obtain data that is the 4637
same data required to be submitted by reporting entities under 4638
Medicare Part A or Part B, (C) enter into a contract for the collection, 4639
management or analysis of data received from reporting entities, and 4640
(D) in accordance with subdivision (4) of this subsection, enter into a 4641
contract or take any action that is necessary to obtain Medicaid and 4642
Governor's Bill No. 6660
LCO No. 4030 154 of 165
CHIP data. Any such contract for the collection, management or 4643
analysis of such data shall expressly prohibit the disclosure of such data 4644
for purposes other than the purposes described in this subsection. 4645
(c) Unless otherwise specified, nothing in this section and no action 4646
taken by the [executive director of the Office] Commissioner of Health 4647
Strategy pursuant to this section or section 19a-755b, as amended by this 4648
act, shall be construed to preempt, supersede or affect the authority of 4649
the Insurance Commissioner to regulate the business of insurance in the 4650
state. 4651
Sec. 131. Section 19a-755b of the general statutes is repealed and the 4652
following is substituted in lieu thereof (Effective from passage): 4653
(a) For purposes of this section and sections 19a-904a, 19a-904b and 4654
38a-477d to 38a-477f, inclusive: 4655
(1) "Allowed amount" means the maximum reimbursement dollar 4656
amount that an insured's health insurance policy allows for a specific 4657
procedure or service; 4658
(2) "Consumer health information Internet web site" means an 4659
Internet web site developed and operated by the Office of Health 4660
Strategy to assist consumers in making informed decisions concerning 4661
their health care and informed choices among health care providers; 4662
(3) "Episode of care" means all health care services related to the 4663
treatment of a condition or a service category for such treatment and, 4664
for acute conditions, includes health care services and treatment 4665
provided from the onset of the condition to its resolution or a service 4666
category for such treatment and, for chronic conditions, includes health 4667
care services and treatment provided over a given period of time or a 4668
service category for such treatment; 4669
(4) ["Executive director"] "Commissioner" means the [executive 4670
director of the Office] Commissioner of Health Strategy; 4671
Governor's Bill No. 6660
LCO No. 4030 155 of 165
(5) "Health care provider" means any individual, corporation, facility 4672
or institution licensed by this state to provide health care services; 4673
(6) "Health carrier" means any insurer, health care center, hospital 4674
service corporation, medical service corporation, fraternal benefit 4675
society or other entity delivering, issuing for delivery, renewing, 4676
amending or continuing any individual or group health insurance 4677
policy in this state providing coverage of the type specified in 4678
subdivisions (1), (2), (4), (11) and (12) of section 38a-469; 4679
(7) "Hospital" has the same meaning as provided in section 19a-490; 4680
(8) "Out-of-pocket costs" means costs that are not reimbursed by a 4681
health insurance policy and includes deductibles, coinsurance and 4682
copayments for covered services and other costs to the consumer 4683
associated with a procedure or service; 4684
(9) "Outpatient surgical facility" has the same meaning as provided 4685
in section 19a-493b; and 4686
(10) "Public or private third party" means the state, the federal 4687
government, employers, a health carrier, third-party administrator, as 4688
defined in section 38a-720, or managed care organization. 4689
(b) (1) Within available resources, the consumer health information 4690
Internet web site shall: (A) Contain information comparing the quality, 4691
price and cost of health care services, including, to the extent practicable, 4692
(i) comparative price and cost information for the health care services 4693
and procedures reported pursuant to subsection (c) of this section 4694
categorized by payer or listed by health care provider, (ii) links to 4695
Internet web sites and consumer tools where consumers may obtain 4696
comparative cost and quality information, including The Joint 4697
Commission and Medicare hospital compare tool, (iii) definitions of 4698
common health insurance and medical terms so consumers may 4699
compare health coverage and understand the terms of their coverage, 4700
and (iv) factors consumers should consider when choosing an insurance 4701
Governor's Bill No. 6660
LCO No. 4030 156 of 165
product or provider group, including provider network, premium, cost 4702
sharing, covered services and tier information; (B) be designed to assist 4703
consumers and institutional purchasers in making informed decisions 4704
regarding their health care and informed choices among health care 4705
providers and, to the extent practicable, provide reference pricing for 4706
services paid by various health carriers to health care providers; (C) 4707
present information in language and a format that is understandable to 4708
the average consumer; and (D) be publicized to the general public. All 4709
information outlined in this section shall be posted on an Internet web 4710
site established, or to be established, by the [executive director of the 4711
Office] Commissioner of Health Strategy in a manner and time frame as 4712
may be organizationally and financially reasonable in his or her sole 4713
discretion. 4714
(2) Information collected, stored and published by the Office of 4715
Health Strategy pursuant to this section is subject to the federal Health 4716
Insurance Portability and Accountability Act of 1996, P.L. 104-191, as 4717
amended from time to time. 4718
(3) The [executive director of the Office] Commissioner of Health 4719
Strategy may consider adding quality measures to the consumer health 4720
information Internet web site. 4721
(c) Not later than January 1, 2018, and annually thereafter, the 4722
[executive director of the Office] Commissioner of Health Strategy shall, 4723
to the extent the information is available, make available to the public 4724
on the consumer health information Internet web site a list of: (1) The 4725
fifty most frequently occurring inpatient services or procedures in the 4726
state; (2) the fifty most frequently provided outpatient services or 4727
procedures in the state; (3) the twenty-five most frequent surgical 4728
services or procedures in the state; (4) the twenty-five most frequent 4729
imaging services or procedures in the state; and (5) the twenty-five most 4730
frequently used pharmaceutical products and medical devices in the 4731
state. Such lists may (A) be expanded to include additional admissions 4732
and procedures, (B) be based upon those services and procedures that 4733
Governor's Bill No. 6660
LCO No. 4030 157 of 165
are most commonly performed by volume or that represent the greatest 4734
percentage of related health care expenditures, or (C) be designed to 4735
include those services and procedures most likely to result in out-of-4736
pocket costs to consumers or include bundled episodes of care. 4737
(d) Not later than January 1, 2018, and annually thereafter, to the 4738
extent practicable, the [executive director of the Office] Commissioner 4739
of Health Strategy shall issue a report, in a manner to be decided by the 4740
[executive director] commissioner, that includes the (1) billed and 4741
allowed amounts paid to health care providers in each health carrier's 4742
network for each service and procedure included pursuant to subsection 4743
(c) of this section, and (2) out-of-pocket costs for each such service and 4744
procedure. 4745
(e) (1) On and after January 1, 2018, each hospital shall, at the time of 4746
scheduling a service or procedure for nonemergency care that is 4747
included in the report prepared by the [executive director of the Office] 4748
Commissioner of Health Strategy pursuant to subsection (d) of this 4749
section, regardless of the location or setting where such services are 4750
delivered, notify the patient of the patient's right to make a request for 4751
cost and quality information. Upon the request of a patient for a 4752
diagnosis or procedure included in such report, the hospital shall, not 4753
later than three business days after scheduling such service or 4754
procedure, provide written notice, electronically or by mail, to the 4755
patient who is the subject of the service or procedure concerning: (A) If 4756
the patient is uninsured, the amount to be charged for the service or 4757
procedure if all charges are paid in full without a public or private third 4758
party paying any portion of the charges, including the amount of any 4759
facility fee, or, if the hospital is not able to provide a specific amount due 4760
to an inability to predict the specific treatment or diagnostic code, the 4761
estimated maximum allowed amount or charge for the service or 4762
procedure, including the amount of any facility fee; (B) the 4763
corresponding Medicare reimbursement amount or, if there is no 4764
corresponding Medicare reimbursement amount for such diagnosis or 4765
procedure, (i) the approximate amount Medicare would have paid the 4766
Governor's Bill No. 6660
LCO No. 4030 158 of 165
hospital for the services on the billing statement, or (ii) the percentage 4767
of the hospital's charges that Medicare would have paid the hospital for 4768
the services; (C) if the patient is insured, the allowed amount, the toll-4769
free telephone number and the Internet web site address of the patient's 4770
health carrier where the patient can obtain information concerning 4771
charges and out-of-pocket costs; (D) The Joint Commission's composite 4772
accountability rating and the Medicare hospital compare star rating for 4773
the hospital, as applicable; and (E) the Internet web site addresses for 4774
The Joint Commission and the Medicare hospital compare tool where 4775
the patient may obtain information concerning the hospital. 4776
(2) If the patient is insured and the hospital is out-of-network under 4777
the patient's health insurance policy, such written notice shall include a 4778
statement that the service or procedure will likely be deemed out-of-4779
network and that any out-of-network applicable rates under such policy 4780
may apply. 4781
Sec. 132. Subsection (b) of section 19a-911 of the general statutes is 4782
repealed and the following is substituted in lieu thereof (Effective from 4783
passage): 4784
(b) The Council on Protecting Women's Health shall be comprised of 4785
(1) the following ex-officio voting members: (A) The Commissioner of 4786
Public Health, or the commissioner's designee; (B) the Commissioner of 4787
Mental Health and Addiction Services, or the commissioner's designee; 4788
(C) the Insurance Commissioner, or the commissioner's designee; (D) 4789
the [executive director of Office] Commissioner of Health Strategy, or 4790
the [executive director's] commissioner's designee; (E) the Healthcare 4791
Advocate, or the Healthcare Advocate's designee; and (F) the Secretary 4792
of the Office of Policy and Management, or the secretary's designee; and 4793
(2) fourteen public members, three of whom shall be appointed by the 4794
president pro tempore of the Senate, three of whom shall be appointed 4795
by the speaker of the House of Representatives, two of whom shall be 4796
appointed by the majority leader of the Senate, two of whom shall be 4797
appointed by the majority leader of the House of Representatives, two 4798
Governor's Bill No. 6660
LCO No. 4030 159 of 165
of whom shall be appointed by the minority leader of the Senate and 4799
two of whom shall be appointed by the minority leader of the House of 4800
Representatives, and all of whom shall be knowledgeable on issues 4801
relative to women's health care in the state. The membership of the 4802
council shall fairly and adequately represent women who have had 4803
issues accessing quality health care in the state. 4804
Sec. 133. Subsections (b) and (c) of section 20-195sss of the general 4805
statutes are repealed and the following is substituted in lieu thereof 4806
(Effective from passage): 4807
(b) The [executive director of the Office] Commissioner of Health 4808
Strategy [, established under section 19a-754a,] shall, within available 4809
resources and in consultation with the Community Health Worker 4810
Advisory Committee established by said office and the Commissioner 4811
of Public Health, study the feasibility of creating a certification program 4812
for community health workers. Such study shall examine the fiscal 4813
impact of implementing such a certification program and include 4814
recommendations for (1) requirements for certification and renewal of 4815
certification of community health workers, including any training, 4816
experience or continuing education requirements, (2) methods for 4817
administering a certification program, including a certification 4818
application, a standardized assessment of experience, knowledge and 4819
skills, and an electronic registry, and (3) requirements for recognizing 4820
training program curricula that are sufficient to satisfy the requirements 4821
of certification. 4822
(c) Not later than October 1, 2018, the [executive director of the Office] 4823
Commissioner of Health Strategy shall report, in accordance with the 4824
provisions of section 11-4a, on the results of such study and 4825
recommendations to the joint standing committees of the General 4826
Assembly having cognizance of matters relating to public health and 4827
human services. 4828
Sec. 134. Subsection (c) of section 20-195ttt of the general statutes is 4829
Governor's Bill No. 6660
LCO No. 4030 160 of 165
repealed and the following is substituted in lieu thereof (Effective from 4830
passage): 4831
(c) The [executive director of the Office] Commissioner of Health 4832
Strategy, or the [executive director's] commissioner's designee, shall act 4833
as the chair of the Community Health Worker Advisory Body and shall 4834
appoint the following members to said body: 4835
(1) Six members who are actively practicing as community health 4836
workers in the state; 4837
(2) A member of the Community Health Workers Association of 4838
Connecticut; 4839
(3) A representative of a community-based community health worker 4840
training organization; 4841
(4) A representative of a regional community-technical college; 4842
(5) An employer of community health workers; 4843
(6) A representative of a health care organization that employs 4844
community health workers; 4845
(7) A health care provider who works directly with community health 4846
workers; and 4847
(8) The Commissioner of Public Health, or the commissioner's 4848
designee. 4849
Sec. 135. Subsection (a) of section 38a-477e of the general statutes is 4850
repealed and the following is substituted in lieu thereof (Effective from 4851
passage): 4852
(a) On and after January 1, 2017, each health carrier, as defined in 4853
section 19a-755b, as amended by this act, shall maintain an Internet web 4854
site and toll-free telephone number that enables consumers to request 4855
and obtain: (1) Information on in-network costs for inpatient 4856
Governor's Bill No. 6660
LCO No. 4030 161 of 165
admissions, health care procedures and services, including (A) the 4857
allowed amount for, at a minimum, admissions and procedures 4858
reported to the [executive director of the Office] Commissioner of 4859
Health Strategy pursuant to section 19a-755b, as amended by this act, 4860
for each health care provider in the state; (B) the estimated out-of-pocket 4861
costs that a consumer would be responsible for paying for any such 4862
admission or procedure that is medically necessary, including any 4863
facility fee, coinsurance, copayment, deductible or other out-of-pocket 4864
expense; and (C) data or other information concerning (i) quality 4865
measures for the health care provider, (ii) patient satisfaction, to the 4866
extent such information is available, (iii) a directory of participating 4867
providers, as defined in section 38a-472f, in accordance with the 4868
provisions of section 38a-477h; and (2) information on out-of-network 4869
costs for inpatient admissions, health care procedures and services. 4870
Sec. 136. Subparagraph (B) of subdivision (1) of subsection (c) of 4871
section 38a-477ee of the general statutes is repealed and the following is 4872
substituted in lieu thereof (Effective from passage): 4873
(B) The Attorney General, Healthcare Advocate and [executive 4874
director of the Office] Commissioner of Health Strategy. 4875
Sec. 137. (Effective from passage) (a) Wherever the term "executive 4876
director of the Office of Higher Education" is used or referred to in any 4877
public or special act of 2023, the term "Commissioner of Higher 4878
Education" shall be substituted in lieu thereof. 4879
(b) Wherever the term "executive director of the Office of Health 4880
Strategy" is used or referred to in any public or special act of 2023, the 4881
term "Commissioner of Health Strategy" shall be substituted in lieu 4882
thereof. 4883
(c) The Legislative Commissioners' Office shall, in codifying the 4884
provisions of sections 29 to 136, inclusive, of this act, make such 4885
technical, grammatical and punctuation changes as are necessary to 4886
carry out the purposes of this section. 4887
Governor's Bill No. 6660
LCO No. 4030 162 of 165
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 5-198(10)
Sec. 2 from passage 4-124w(a)
Sec. 3 from passage 31-225a(j)(1)(B)
Sec. 4 from passage 4-68hh
Sec. 5 July 1, 2023 32-285a(c)(1)
Sec. 6 July 1, 2023 12-408(1)(L)
Sec. 7 July 1, 2023 12-411(1)(K)
Sec. 8 July 1, 2023 4-66p
Sec. 9 July 1, 2023 12-18b(d) and (e)
Sec. 10 July 1, 2023 12-19b
Sec. 11 July 1, 2023 12-20b
Sec. 12 July 1, 2023 3-55i
Sec. 13 July 1, 2023 4-66l(b)
Sec. 14 July 1, 2023 4-66l(g)
Sec. 15 from passage 1-1t(d)
Sec. 16 from passage 1-2
Sec. 17 July 1, 2023 21a-420f(c) and (d)
Sec. 18 July 1, 2023 12-330ll(i)
Sec. 19 July 1, 2023 21a-420e(e)
Sec. 20 July 1, 2023 21a-420o(a)
Sec. 21 from passage 4-72
Sec. 22 from passage 4-73
Sec. 23 from passage 4-75
Sec. 24 July 1, 2023 51-47
Sec. 25 July 1, 2023 52-434(f)
Sec. 26 July 1, 2023 46b-231(h)
Sec. 27 July 1, 2023 46b-236(b)
Sec. 28 July 1, 2023 10-287c
Sec. 29 July 1, 2023 10-283(a)(2)
Sec. 30 from passage 3-22e
Sec. 31 from passage 4-5
Sec. 32 from passage 10-15j(c)(11)
Sec. 33 from passage 10a-1d(b)
Sec. 34 from passage 10a-11b(a)(2)
Sec. 35 from passage 10a-19e(c)
Sec. 36 from passage 10a-19f(c)
Governor's Bill No. 6660
LCO No. 4030 163 of 165
Sec. 37 from passage 10a-19l(b)
Sec. 38 from passage 10a-22a(3) and (4)
Sec. 39 from passage 10a-22b
Sec. 40 from passage 10a-22c
Sec. 41 from passage 10a-22d
Sec. 42 from passage 10a-22e
Sec. 43 from passage 10a-22f
Sec. 44 from passage 10a-22g
Sec. 45 from passage 10a-22i
Sec. 46 from passage 10a-22j
Sec. 47 from passage 10a-22l(b)
Sec. 48 from passage 10a-22m
Sec. 49 from passage 10a-22n
Sec. 50 from passage 10a-22o
Sec. 51 from passage 10a-22p
Sec. 52 from passage 10a-22r
Sec. 53 from passage 10a-22s
Sec. 54 from passage 10a-22t
Sec. 55 from passage 10a-22u
Sec. 56 from passage 10a-22v
Sec. 57 from passage 10a-34(e) and (f)
Sec. 58 from passage 10a-34a
Sec. 59 from passage 10a-34b
Sec. 60 from passage 10a-34c
Sec. 61 from passage 10a-34d
Sec. 62 from passage 10a-34e(a) and (b)
Sec. 63 from passage 10a-34g
Sec. 64 from passage 10a-34h(b) to (d)
Sec. 65 from passage 10a-35b(b) to (d)
Sec. 66 from passage 10a-35c(a)
Sec. 67 from passage 10a-44d(b) to (d)
Sec. 68 from passage 10a-48(c)
Sec. 69 from passage 10a-48b
Sec. 70 from passage 10a-55y
Sec. 71 from passage 10a-57
Sec. 72 from passage 10a-77a(a)(2)
Sec. 73 from passage 10a-99a(a)(2)
Sec. 74 from passage 10a-104(a)
Sec. 75 from passage 10a-109i(b)(2)
Governor's Bill No. 6660
LCO No. 4030 164 of 165
Sec. 76 from passage 10a-143a(a)(2)
Sec. 77 from passage 10a-164b
Sec. 78 from passage 10a-168b(d)
Sec. 79 from passage 2-124a(b)
Sec. 80 from passage 2-137(b)(9)
Sec. 81 from passage 4-5
Sec. 82 from passage 17b-59a(b) to (f)
Sec. 83 from passage 17b-59d(d) to (g)
Sec. 84 from passage 17b-59e(d)
Sec. 85 from passage 17b-59f
Sec. 86 from passage 17b-59g(a) and (b)
Sec. 87 from passage 17b-337(c)
Sec. 88 from passage 19a-6q
Sec. 89 from passage 19a-127k(b) to (h)
Sec. 90 from passage 19a-133a(b)(19)
Sec. 91 from passage 19a-486
Sec. 92 from passage 19a-486a(a) to (f)
Sec. 93 from passage 19a-486b
Sec. 94 from passage 19a-486d
Sec. 95 from passage 19a-486e
Sec. 96 from passage 19a-486f
Sec. 97 from passage 19a-486g
Sec. 98 from passage 19a-486h
Sec. 99 from passage 19a-486i(d) to (i)
Sec. 100 from passage 19a-508c(m)
Sec. 101 from passage 19a-612(a)
Sec. 102 from passage 19a-612d
Sec. 103 from passage 19a-613(c)
Sec. 104 from passage 19a-614
Sec. 105 from passage 19a-630(7)
Sec. 106 from passage 19a-631(b)
Sec. 107 from passage 19a-632(d) and (e)
Sec. 108 from passage 19a-633
Sec. 109 from passage 19a-634(a) and (b)
Sec. 110 from passage 19a-638(d) to (f)
Sec. 111 from passage 19a-639(d)(3) and (4)
Sec. 112 from passage 19a-639a(g)
Sec. 113 from passage 19a-639b(e)
Sec. 114 from passage 19a-639c(b)
Governor's Bill No. 6660
LCO No. 4030 165 of 165
Sec. 115 from passage 19a-639e(d)
Sec. 116 from passage 19a-639f(l)
Sec. 117 from passage 19a-654(c) to (f)
Sec. 118 from passage 19a-673a
Sec. 119 from passage 19a-676
Sec. 120 from passage 19a-725(b)(1) to (4)
Sec. 121 from passage 19a-754a(a)
Sec. 122 from passage 19a-754b(c) and (d)
Sec. 123 from passage 19a-754e
Sec. 124 from passage 19a-754f(1) to (9)
Sec. 125 from passage 19a-754g
Sec. 126 from passage 19a-754h
Sec. 127 from passage 19a-754i
Sec. 128 from passage 19a-754j
Sec. 129 from passage 19a-754k
Sec. 130 from passage 19a-755a(b) and (c)
Sec. 131 from passage 19a-755b
Sec. 132 from passage 19a-911(b)
Sec. 133 from passage 20-195sss(b) and (c)
Sec. 134 from passage 20-195ttt(c)
Sec. 135 from passage 38a-477e(a)
Sec. 136 from passage 38a-477ee(c)(1)(B)
Sec. 137 from passage New section
Statement of Purpose:
To implement the Governor's budget recommendations.
[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.]