311 | | - | (2) If the total of grants payable to each municipality and district in 77 |
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312 | | - | accordance with subdivision (1) of this subsection exceeds the amount 78 |
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313 | | - | appropriated for the purposes of said subdivision, the amount of the 79 |
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314 | | - | grant payable to each municipality and district shall be reduced 80 |
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315 | | - | proportionately. 81 |
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316 | | - | (f) For the fiscal year ending June 30, 2024, and each fiscal year 82 |
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317 | | - | thereafter, the total grants paid to municipalities pursuant to sections 83 |
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318 | | - | 3-55i to 3-55m, inclusive, shall be paid from the Municipal Revenue 84 |
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319 | | - | Sharing Fund, established in subsection (a) of this section and not from 85 |
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320 | | - | the Mashantucket and Mohegan Fund established pursuant to section 86 |
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321 | | - | 3-55i. 87 |
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322 | | - | (g) (1) For the fiscal year ending June 30, 2024, and each fiscal year 88 |
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323 | | - | thereafter, moneys remaining in the municipal revenue sharing fund, 89 |
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324 | | - | including moneys accrued to the fund during such fiscal year but 90 |
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325 | | - | received after the end of such fiscal year, shall be expended not later 91 |
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326 | | - | than October first following the end of each such fiscal year by the 92 |
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327 | | - | secretary for the purposes of the municipal revenue sharing grants 93 |
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328 | | - | established pursuant to subsection (d) of section 4-66l. 94 |
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329 | | - | (2) The amount of the grant payable to a municipality in any year in 95 |
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330 | | - | accordance with subdivision (1) of this subsection shall be reduced 96 |
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331 | | - | proportionately in the event that the total of such grants in such year 97 |
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332 | | - | exceeds the amount available for such grants in the municipal revenue 98 |
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333 | | - | sharing fund established pursuant to subsection (a) of this section. 99 |
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334 | | - | Sec. 6. Section 12-18b of the general statutes is repealed and the 100 |
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335 | | - | following is substituted in lieu thereof (Effective from passage): 101 Substitute Bill No. 6660 |
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341 | | - | |
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342 | | - | (a) For the purposes of this section: 102 |
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343 | | - | (1) "College and hospital property" means all real property 103 |
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344 | | - | described in subsection (a) of section 12-20a; 104 |
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345 | | - | (2) "Equalized net grand list per capita" means the grand list of a 105 |
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346 | | - | municipality upon which taxes were levied for the general expenses of 106 |
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347 | | - | such municipality three years prior to the fiscal year in which a grant 107 |
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348 | | - | under this section is to be paid, equalized in accordance with the 108 |
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349 | | - | provisions of section 10-261a and divided by the total population of 109 |
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350 | | - | such municipality; 110 |
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351 | | - | (3) "Municipality" means any town, city, borough, consolidated 111 |
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352 | | - | town and city and consolidated town and borough; 112 |
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353 | | - | (4) "State, municipal or tribal property" means all real property 113 |
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354 | | - | described in subsection (a) of section 12-19a; 114 |
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355 | | - | (5) "Tier one municipality" means a municipality with an equalized 115 |
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356 | | - | net grand list per capita of less than one hundred thousand dollars; 116 |
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357 | | - | (6) "Tier two municipality" means a municipality with an equalized 117 |
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358 | | - | net grand list per capita of one hundred thousand dollars to two 118 |
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359 | | - | hundred thousand dollars; and 119 |
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360 | | - | (7) "Tier three municipality" means a municipality with an 120 |
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361 | | - | equalized net grand list per capita of greater than two hundred 121 |
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362 | | - | thousand dollars. 122 |
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363 | | - | (b) Notwithstanding the provisions of sections 12-19a and 12-20a, on 123 |
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364 | | - | or before [May] September thirtieth, annually, all funds appropriated 124 |
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365 | | - | for state grants in lieu of taxes shall be payable to municipalities and 125 |
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366 | | - | fire districts pursuant to the provisions of this section. On or before 126 |
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367 | | - | January first, annually, the Secretary of the Office of Policy and 127 |
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368 | | - | Management shall determine the amount due, as a state grant in lieu of 128 |
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369 | | - | taxes, to each municipality and fire district in this state wherein college 129 |
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370 | | - | and hospital property is located and to each municipality and fire 130 Substitute Bill No. 6660 |
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376 | | - | |
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377 | | - | district in this state wherein state, municipal or tribal property, except 131 |
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378 | | - | that which was acquired and used for highways and bridges, but not 132 |
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379 | | - | excepting property acquired and used for highway administration or 133 |
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380 | | - | maintenance purposes, is located. Such determination shall be 134 |
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381 | | - | calculated based on assessed values provided to the Office of Policy 135 |
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382 | | - | and Management prior to the preceding April first, pursuant to section 136 |
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383 | | - | 12-19b, as amended by this act. 137 |
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384 | | - | (1) The grant payable to any municipality or fire district for state, 138 |
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385 | | - | municipal or tribal property under the provisions of this section in the 139 |
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386 | | - | fiscal year ending June 30, 2022, and each fiscal year thereafter, shall be 140 |
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387 | | - | equal to the total of: 141 |
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388 | | - | (A) One hundred per cent of the property taxes that would have 142 |
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389 | | - | been paid with respect to any facility designated by the Commissioner 143 |
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390 | | - | of Correction, on or before August first of each year, to be a 144 |
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391 | | - | correctional facility administered under the auspices of the 145 |
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392 | | - | Department of Correction or a juvenile detention center under 146 |
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393 | | - | direction of the Department of Children and Families that was used for 147 |
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394 | | - | incarcerative purposes during the preceding fiscal year. If a list 148 |
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395 | | - | containing the name and location of such designated facilities and 149 |
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396 | | - | information concerning their use for purposes of incarceration during 150 |
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397 | | - | the preceding fiscal year is not available from the Secretary of the State 151 |
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398 | | - | on August first of any year, the Commissioner of Correction shall, on 152 |
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399 | | - | said date, certify to the Secretary of the Office of Policy and 153 |
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400 | | - | Management a list containing such information; 154 |
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401 | | - | (B) One hundred per cent of the property taxes that would have 155 |
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402 | | - | been paid with respect to that portion of the John Dempsey Hospital 156 |
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403 | | - | located at The University of Connecticut Health Center in Farmington 157 |
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404 | | - | that is used as a permanent medical ward for prisoners under the 158 |
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405 | | - | custody of the Department of Correction. Nothing in this section shall 159 |
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406 | | - | be construed as designating any portion of The University of 160 |
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407 | | - | Connecticut Health Center John Dempsey Hospital as a correctional 161 |
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408 | | - | facility; 162 Substitute Bill No. 6660 |
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414 | | - | |
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415 | | - | (C) One hundred per cent of the property taxes that would have 163 |
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416 | | - | been paid on any land designated within the 1983 Settlement 164 |
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417 | | - | boundary and taken into trust by the federal government for the 165 |
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418 | | - | Mashantucket Pequot Tribal Nation on or after June 8, 1999; 166 |
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419 | | - | (D) One hundred per cent of the property taxes that would have 167 |
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420 | | - | been paid with respect to the property and facilities owned by the 168 |
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421 | | - | Connecticut Port Authority; 169 |
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422 | | - | (E) Subject to the provisions of subsection (c) of section 12-19a, sixty-170 |
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423 | | - | five per cent of the property taxes that would have been paid with 171 |
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424 | | - | respect to the buildings and grounds comprising Connecticut Valley 172 |
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425 | | - | Hospital and Whiting Forensic Hospital in Middletown; 173 |
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426 | | - | (F) With respect to any municipality in which more than fifty per 174 |
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427 | | - | cent of the property is state-owned real property, one hundred per cent 175 |
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428 | | - | of the property taxes that would have been paid with respect to such 176 |
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429 | | - | state-owned property; 177 |
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430 | | - | (G) Forty-five per cent of the property taxes that would have been 178 |
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431 | | - | paid with respect to all municipally owned airports; except for the 179 |
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432 | | - | exemption applicable to such property, on the assessment list in such 180 |
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433 | | - | municipality for the assessment date two years prior to the 181 |
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434 | | - | commencement of the state fiscal year in which such grant is payable. 182 |
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435 | | - | The grant provided pursuant to this section for any municipally 183 |
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436 | | - | owned airport shall be paid to any municipality in which the airport is 184 |
---|
437 | | - | located, except that the grant applicable to Sikorsky Airport shall be 185 |
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438 | | - | paid one-half to the town of Stratford and one-half to the city of 186 |
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439 | | - | Bridgeport; 187 |
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440 | | - | (H) One hundred per cent of the property taxes that would have 188 |
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441 | | - | been paid with respect to any land designated within the 1983 189 |
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442 | | - | Settlement boundary and taken into trust by the federal government 190 |
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443 | | - | for the Mashantucket Pequot Tribal Nation prior to June 8, 1999, or 191 |
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444 | | - | taken into trust by the federal government for the Mohegan Tribe of 192 |
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445 | | - | Indians of Connecticut, provided the real property subject to this 193 Substitute Bill No. 6660 |
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452 | | - | subparagraph shall be the land only, and shall not include the assessed 194 |
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453 | | - | value of any structures, buildings or other improvements on such land; 195 |
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454 | | - | and 196 |
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455 | | - | (I) Forty-five per cent of the property taxes that would have been 197 |
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456 | | - | paid with respect to all other state-owned real property. 198 |
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457 | | - | (2) The grant payable to any municipality or fire district for college 199 |
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458 | | - | and hospital property under the provisions of this section in the fiscal 200 |
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459 | | - | year ending June 30, 2017, and each fiscal year thereafter, shall be 201 |
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460 | | - | equal to the total of seventy-seven per cent of the property taxes that, 202 |
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461 | | - | except for any exemption applicable to any college and hospital 203 |
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462 | | - | property under the provisions of section 12-81, would have been paid 204 |
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463 | | - | with respect to college and hospital property on the assessment list in 205 |
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464 | | - | such municipality or fire district for the assessment date two years 206 |
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465 | | - | prior to the commencement of the state fiscal year in which such grant 207 |
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466 | | - | is payable. 208 |
---|
467 | | - | (c) The Secretary of the Office of Policy and Management shall list 209 |
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468 | | - | municipalities, boroughs and fire districts based on the equalized net 210 |
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469 | | - | grand list per capita. Boroughs and fire districts shall have the same 211 |
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470 | | - | equalized net grand list per capita as the town, city, consolidated town 212 |
---|
471 | | - | and city or consolidated town and borough in which such borough or 213 |
---|
472 | | - | fire district is located. 214 |
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473 | | - | (d) For the fiscal year ending June 30, 2022, and each fiscal year 215 |
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474 | | - | thereafter: 216 |
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475 | | - | (1) The total amount of the grants paid to a municipality or fire 217 |
---|
476 | | - | district pursuant to the provisions of this subsection shall not be lower 218 |
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477 | | - | than the total amount of the payment in lieu of taxes grants received 219 |
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478 | | - | by such municipality or fire district for the fiscal year ending June 30, 220 |
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479 | | - | 2021. 221 |
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480 | | - | (2) If the total of grants payable to each municipality and fire district 222 |
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481 | | - | in accordance with the provisions of [subsection] subsections (b) and 223 |
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482 | | - | (e) of this section exceeds the amount appropriated for the purposes of 224 Substitute Bill No. 6660 |
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488 | | - | |
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489 | | - | said subsection for a fiscal year: 225 |
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490 | | - | (A) Each tier one municipality shall receive fifty per cent of the 226 |
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491 | | - | grant amount payable to such municipality as calculated under 227 |
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492 | | - | subsection (b) of this section; 228 |
---|
493 | | - | (B) Each tier two municipality shall receive forty per cent of the 229 |
---|
494 | | - | grant amount payable to such municipality as calculated under 230 |
---|
495 | | - | subsection (b) of this section; and 231 |
---|
496 | | - | (C) Each tier three municipality shall receive thirty per cent of the 232 |
---|
497 | | - | grant amount payable to such municipality as calculated under 233 |
---|
498 | | - | subsection (b) of this section. 234 |
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499 | | - | (3) Each municipality designated as an alliance district pursuant to 235 |
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500 | | - | section 10-262u or in which more than fifty per cent of the property is 236 |
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501 | | - | state-owned real property shall be classified as a tier one municipality. 237 |
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502 | | - | (4) Each fire district shall receive the same percentage of the grant 238 |
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503 | | - | amount payable to the municipality in which it is located. 239 |
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504 | | - | (5) (A) If the total of grants payable to each municipality and fire 240 |
---|
505 | | - | district in accordance with the provisions of subsection (b) of this 241 |
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506 | | - | section exceeds the amount appropriated for the purposes of said 242 |
---|
507 | | - | subsection, but such appropriated amount exceeds the amount 243 |
---|
508 | | - | required for grants payable to each municipality and fire district in 244 |
---|
509 | | - | accordance with the provisions of subdivisions (1) to (4), inclusive, of 245 |
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510 | | - | this subsection, the amount of the grant payable to each municipality 246 |
---|
511 | | - | and fire district shall be increased proportionately. 247 |
---|
512 | | - | (B) If the total of grants payable to each municipality and fire 248 |
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513 | | - | district in accordance with the provisions of subdivisions (1) to (4), 249 |
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514 | | - | inclusive, of this subsection exceeds the amount appropriated for the 250 |
---|
515 | | - | purposes of said subdivisions, the amount of the grant payable to each 251 |
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516 | | - | municipality and fire district shall be reduced proportionately, except 252 |
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517 | | - | that no grant shall be reduced below the amount set forth in 253 |
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518 | | - | subdivision (1) of this subsection. 254 Substitute Bill No. 6660 |
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525 | | - | (e) Notwithstanding the provisions of subsections (a) to (d), 255 |
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526 | | - | inclusive, of this section and sections 12-19b and 12-20b, as amended 256 |
---|
527 | | - | by this act: 257 |
---|
528 | | - | (1) The grant payable to any municipality or fire district with 258 |
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529 | | - | respect to a campus of the United States Department of Veterans 259 |
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530 | | - | Affairs Connecticut Healthcare Systems shall be one hundred per cent; 260 |
---|
531 | | - | (2) For any municipality receiving payments under section 15-120ss, 261 |
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532 | | - | property located in such municipality at Bradley International Airport 262 |
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533 | | - | shall not be included in the calculation of any state grant in lieu of 263 |
---|
534 | | - | taxes pursuant to this section; [and] 264 |
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535 | | - | (3) The city of Bridgeport shall be due five million dollars, [on or 265 |
---|
536 | | - | before the thirtieth day of September,] annually, which amount shall 266 |
---|
537 | | - | be in addition to the amount due such city pursuant to the provisions 267 |
---|
538 | | - | of [subsections] subsection (b) or (d) of this section; 268 |
---|
539 | | - | (4) There shall be an amount due the town of Voluntown, with 269 |
---|
540 | | - | respect to any state-owned forest, of an additional sixty thousand 270 |
---|
541 | | - | dollars, annually, for reimbursement to municipalities for loss of taxes 271 |
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542 | | - | on private tax-exempt property; 272 |
---|
543 | | - | (5) The amount due the town of Branford, with respect to the 273 |
---|
544 | | - | Connecticut Hospice located in said town, shall be one hundred 274 |
---|
545 | | - | thousand dollars, annually, for reimbursement to municipalities for 275 |
---|
546 | | - | loss of taxes on private tax-exempt property; and 276 |
---|
547 | | - | (6) The amount due the city of New London, with respect to the 277 |
---|
548 | | - | United States Coast Guard Academy located in said city, shall be one 278 |
---|
549 | | - | million dollars, annually, for reimbursement to municipalities for loss 279 |
---|
550 | | - | of taxes on private tax-exempt property. 280 |
---|
551 | | - | (f) For purposes of this section, any real property that is owned by 281 |
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552 | | - | The University of Connecticut Health Center Finance Corporation 282 |
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553 | | - | established pursuant to the provisions of sections 10a-250 to 10a-263, 283 |
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554 | | - | inclusive, or by one or more subsidiary corporations established 284 Substitute Bill No. 6660 |
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561 | | - | pursuant to subdivision (13) of section 10a-254 and that is free from 285 |
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562 | | - | taxation pursuant to the provisions of section 10a-259 shall be deemed 286 |
---|
563 | | - | to be state-owned real property. 287 |
---|
564 | | - | Sec. 7. Section 12-19b of the general statutes is repealed and the 288 |
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565 | | - | following is substituted in lieu thereof (Effective July 1, 2023): 289 |
---|
566 | | - | [(a)] Not later than April first in any assessment year, any town, 290 |
---|
567 | | - | borough or fire district to which a grant is payable under the 291 |
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568 | | - | provisions of section 12-18b, as amended by this act, or 12-19a shall 292 |
---|
569 | | - | provide the Secretary of the Office of Policy and Management with the 293 |
---|
570 | | - | assessed valuation of the real property eligible therefor as of the first 294 |
---|
571 | | - | day of October immediately preceding, adjusted in accordance with 295 |
---|
572 | | - | any gradual increase in or deferment of assessed values of real 296 |
---|
573 | | - | property implemented in accordance with section 12-62c, which is 297 |
---|
574 | | - | required for computation of such grant. Any town, borough or fire 298 |
---|
575 | | - | district that neglects to transmit to the secretary the assessed valuation 299 |
---|
576 | | - | as required by this section shall forfeit two hundred fifty dollars to the 300 |
---|
577 | | - | state, provided the secretary may waive such forfeiture in accordance 301 |
---|
578 | | - | with procedures and standards adopted by regulation in accordance 302 |
---|
579 | | - | with chapter 54. Said secretary may, on or before the first day of 303 |
---|
580 | | - | August of the state fiscal year in which such grant is payable, 304 |
---|
581 | | - | reevaluate any such property when, in the secretary's judgment, the 305 |
---|
582 | | - | valuation is inaccurate and shall notify such town, borough or fire 306 |
---|
583 | | - | district of such reevaluation by certified or registered mail. Any town, 307 |
---|
584 | | - | borough or fire district aggrieved by the action of the secretary under 308 |
---|
585 | | - | the provisions of this section may, not later than ten business days 309 |
---|
586 | | - | following receipt of such notice, appeal to the secretary for a hearing 310 |
---|
587 | | - | concerning such reevaluation. Such appeal shall be in writing and shall 311 |
---|
588 | | - | include a statement as to the reasons for such appeal. The secretary 312 |
---|
589 | | - | shall, not later than ten business days following receipt of such appeal, 313 |
---|
590 | | - | grant or deny such hearing by notification in writing, including in the 314 |
---|
591 | | - | event of a denial, a statement as to the reasons for such denial. Such 315 |
---|
592 | | - | notification shall be sent by certified or registered mail. If any town, 316 |
---|
593 | | - | borough or fire district is aggrieved by the action of the secretary 317 Substitute Bill No. 6660 |
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600 | | - | following such hearing or in denying any such hearing, the town, 318 |
---|
601 | | - | borough or fire district may not later than ten business days after 319 |
---|
602 | | - | receiving such notice, appeal to the superior court for the judicial 320 |
---|
603 | | - | district wherein such town, borough or fire district is located. Any 321 |
---|
604 | | - | such appeal shall be privileged. 322 |
---|
605 | | - | [(b) Notwithstanding the provisions of section 12-18b or subsection 323 |
---|
606 | | - | (a) of this section, there shall be an amount due the municipality of 324 |
---|
607 | | - | Voluntown, on or before the thirtieth day of September, annually, with 325 |
---|
608 | | - | respect to any state-owned forest, of an additional sixty thousand 326 |
---|
609 | | - | dollars, which amount shall be paid from the municipal revenue 327 |
---|
610 | | - | sharing account established pursuant to section 4 -66l, for 328 |
---|
611 | | - | reimbursement to towns for loss of taxes on private tax-exempt 329 |
---|
612 | | - | property.] 330 |
---|
613 | | - | Sec. 8. Section 12-20b of the general statutes is repealed and the 331 |
---|
614 | | - | following is substituted in lieu thereof (Effective July 1, 2023): 332 |
---|
615 | | - | [(a)] Not later than April first in each year, any municipality to 333 |
---|
616 | | - | which a grant is payable under the provisions of section 12-18b, as 334 |
---|
617 | | - | amended by this act, or 12-20a shall provide the Secretary of the Office 335 |
---|
618 | | - | of Policy and Management with the assessed valuation of the tax-336 |
---|
619 | | - | exempt real property as of the immediately preceding October first, 337 |
---|
620 | | - | adjusted in accordance with any gradual increase in or deferment of 338 |
---|
621 | | - | assessed values of real property implemented in accordance with 339 |
---|
622 | | - | section 12-62c, which is required for computation of such grant. Any 340 |
---|
623 | | - | municipality which neglects to transmit to the Secretary of the Office of 341 |
---|
624 | | - | Policy and Management the assessed valuation as required by this 342 |
---|
625 | | - | section shall forfeit two hundred fifty dollars to the state, provided the 343 |
---|
626 | | - | secretary may waive such forfeiture in accordance with procedures 344 |
---|
627 | | - | and standards adopted by regulation in accordance with chapter 54. 345 |
---|
628 | | - | Said secretary may, on or before the first day of August of the state 346 |
---|
629 | | - | fiscal year in which such grant is payable, reevaluate any such 347 |
---|
630 | | - | property when, in his or her judgment, the valuation is inaccurate and 348 |
---|
631 | | - | shall notify such municipality of such reevaluation. Any municipality 349 |
---|
632 | | - | aggrieved by the action of said secretary under the provisions of this 350 Substitute Bill No. 6660 |
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639 | | - | section may, not later than ten business days following receipt of such 351 |
---|
640 | | - | notice, appeal to the secretary for a hearing concerning such 352 |
---|
641 | | - | reevaluation, provided such appeal shall be in writing and shall 353 |
---|
642 | | - | include a statement as to the reasons for such appeal. The secretary 354 |
---|
643 | | - | shall, not later than ten business days following receipt of such appeal, 355 |
---|
644 | | - | grant or deny such hearing by notification in writing, including in the 356 |
---|
645 | | - | event of a denial, a statement as to the reasons for such denial. If any 357 |
---|
646 | | - | municipality is aggrieved by the action of the secretary following such 358 |
---|
647 | | - | hearing or in denying any such hearing, the municipality may not later 359 |
---|
648 | | - | than two weeks after such notice, appeal to the superior court for the 360 |
---|
649 | | - | judicial district in which the municipality is located. Any such appeal 361 |
---|
650 | | - | shall be privileged. [Said secretary shall certify to the Comptroller the 362 |
---|
651 | | - | amount due each municipality under the provisions of section 12-18b 363 |
---|
652 | | - | or under any recomputation occurring prior to September fifteenth 364 |
---|
653 | | - | which may be effected as the result of the provisions of this section, 365 |
---|
654 | | - | and the Comptroller shall draw his or her order on the Treasurer on or 366 |
---|
655 | | - | before the fifth business day following September fifteenth and the 367 |
---|
656 | | - | Treasurer shall pay the amount thereof to such municipality on or 368 |
---|
657 | | - | before the thirtieth day of September following.] If any recomputation 369 |
---|
658 | | - | is effected as the result of the provisions of this section on or after the 370 |
---|
659 | | - | January first following the date on which the municipality has 371 |
---|
660 | | - | provided the assessed valuation in question, any adjustments to the 372 |
---|
661 | | - | amount due to any municipality for the period for which such 373 |
---|
662 | | - | adjustments were made shall be made in the next payment the 374 |
---|
663 | | - | Treasurer shall make to such municipality pursuant to this section. 375 |
---|
664 | | - | [(b) Notwithstanding the provisions of section 12-18b or subsection 376 |
---|
665 | | - | (a) of this section, the amount due the municipality of Branford, on or 377 |
---|
666 | | - | before the thirtieth day of September, annually, with respect to the 378 |
---|
667 | | - | Connecticut Hospice, in Branford, shall be one hundred thousand 379 |
---|
668 | | - | dollars, which amount shall be paid from the municipal revenue 380 |
---|
669 | | - | sharing account established pursuant to section 4 -66l, for 381 |
---|
670 | | - | reimbursement to towns for loss of taxes on private tax-exempt 382 |
---|
671 | | - | property. 383 Substitute Bill No. 6660 |
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672 | | - | |
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677 | | - | |
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678 | | - | (c) Notwithstanding the provisions of section 12-18b or subsection 384 |
---|
679 | | - | (a) of this section, the amount due the city of New London, on or 385 |
---|
680 | | - | before the thirtieth day of September, annually, with respect to the 386 |
---|
681 | | - | United States Coast Guard Academy in New London, shall be one 387 |
---|
682 | | - | million dollars, which amount shall be paid from the municipal 388 |
---|
683 | | - | revenue sharing account established pursuant to section 4-66l, for 389 |
---|
684 | | - | reimbursement to towns for loss of taxes on private tax-exempt 390 |
---|
685 | | - | property.] 391 |
---|
686 | | - | Sec. 9. Subsection (b) of section 4-66l of the general statutes is 392 |
---|
687 | | - | repealed and the following is substituted in lieu thereof (Effective July 393 |
---|
688 | | - | 1, 2023): 394 |
---|
689 | | - | (b) There is established an account to be known as the "municipal 395 |
---|
690 | | - | revenue sharing account" which shall be a separate, nonlapsing 396 |
---|
691 | | - | account within the General Fund. The account shall contain any 397 |
---|
692 | | - | moneys required by law to be deposited in the account. The secretary 398 |
---|
693 | | - | shall set aside and ensure availability of moneys in the account in the 399 |
---|
694 | | - | following order of priority and shall transfer or disburse such moneys 400 |
---|
695 | | - | as follows: 401 |
---|
696 | | - | (1) For the fiscal [year] years ending June 30, 2022, and [each fiscal 402 |
---|
697 | | - | year thereafter] June 30, 2023, moneys sufficient to make motor vehicle 403 |
---|
698 | | - | property tax grants payable to municipalities pursuant to subsection 404 |
---|
699 | | - | (c) of this section shall be expended not later than August first 405 |
---|
700 | | - | annually by the secretary; 406 |
---|
701 | | - | (2) For the fiscal [year] years ending June 30, 2022, and [each fiscal 407 |
---|
702 | | - | year thereafter] June 30, 2023, moneys sufficient to make the grants 408 |
---|
703 | | - | payable pursuant to subsection (d) of section 12-18b, as amended by 409 |
---|
704 | | - | this act, subdivisions (1) and (3) of subsection (e) of section 12-18b, as 410 |
---|
705 | | - | amended by this act, subsection (b) of section 12-19b and subsections 411 |
---|
706 | | - | (b) and (c) of section 12-20b shall be expended by the secretary; and 412 |
---|
707 | | - | (3) For the fiscal [year] years ending June 30, 2022, and [each fiscal 413 |
---|
708 | | - | year thereafter] June 30, 2023, moneys in the account remaining shall 414 Substitute Bill No. 6660 |
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713 | | - | 19 of 29 |
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714 | | - | |
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715 | | - | be expended annually by the secretary for the purposes of the 415 |
---|
716 | | - | municipal revenue sharing grants established pursuant to subsection 416 |
---|
717 | | - | (d) of this section. Any such moneys deposited in the account for 417 |
---|
718 | | - | municipal revenue sharing grants, including moneys accrued to the 418 |
---|
719 | | - | account during each fiscal year but received after the end of such fiscal 419 |
---|
720 | | - | year, shall be distributed to municipalities not later than October first 420 |
---|
721 | | - | following the end of each fiscal year. Any municipality may apply to 421 |
---|
722 | | - | the Office of Policy and Management on or after July first for early 422 |
---|
723 | | - | disbursement of a portion of such grant. The Office of Policy and 423 |
---|
724 | | - | Management may approve such an application if it finds that early 424 |
---|
725 | | - | disbursement is required in order for a municipality to meet its cash 425 |
---|
726 | | - | flow needs. No early disbursement approved by said office may be 426 |
---|
727 | | - | issued later than September thirtieth. 427 |
---|
728 | | - | Sec. 10. Subsection (g) of section 4-66l of the general statutes is 428 |
---|
729 | | - | repealed and the following is substituted in lieu thereof (Effective July 429 |
---|
730 | | - | 1, 2023): 430 |
---|
731 | | - | (g) For the fiscal [year] years ending June 30, 2020, [and each fiscal 431 |
---|
732 | | - | year thereafter] to June 30, 2023, inclusive, the amount of the grant 432 |
---|
733 | | - | payable to a municipality in any year in accordance with subsection 433 |
---|
734 | | - | (d) of this section shall be reduced proportionately in the event that the 434 |
---|
735 | | - | total of such grants in such year exceeds the amount available for such 435 |
---|
736 | | - | grants in the municipal revenue sharing account established pursuant 436 |
---|
737 | | - | to subsection (b) of this section. 437 |
---|
738 | | - | Sec. 11. Subsections (c) and (d) of section 21a-420f of the general 438 |
---|
739 | | - | statutes are repealed and the following is substituted in lieu thereof 439 |
---|
740 | | - | (Effective July 1, 2023): 440 |
---|
741 | | - | (c) (1) On and after July 1, 2022, there is established a fund to be 441 |
---|
742 | | - | known as the ["Social Equity and Innovation Fund" which shall be a 442 |
---|
743 | | - | separate, nonlapsing fund] "Cannabis Social Equity and Innovation 443 |
---|
744 | | - | Fund". The fund shall contain any moneys required by law to be 444 |
---|
745 | | - | deposited in the fund and shall be held by the Treasurer separate and 445 |
---|
746 | | - | apart from all other moneys, funds and accounts. Amounts in the fund 446 Substitute Bill No. 6660 |
---|
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752 | | - | |
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753 | | - | may be expended only pursuant to appropriation by the General 447 |
---|
754 | | - | Assembly. Any balance remaining in the fund at the end of any fiscal 448 |
---|
755 | | - | year shall be carried forward in the fund for the fiscal year next 449 |
---|
756 | | - | succeeding. Moneys in the fund shall be appropriated for the purposes 450 |
---|
757 | | - | of providing the following: Access to capital for businesses; technical 451 |
---|
758 | | - | assistance for the start-up and operation of a business; funding for 452 |
---|
759 | | - | workforce education; funding for community investments; and paying 453 |
---|
760 | | - | costs incurred to implement the activities authorized under RERACA. 454 |
---|
761 | | - | All such appropriations shall be dedicated to expenditures that further 455 |
---|
762 | | - | the principles of equity, as defined in section 21a-420. 456 |
---|
763 | | - | (2) (A) For the purposes of subdivision (1) of this subsection, for the 457 |
---|
764 | | - | fiscal year ending June 30, 2023, and for each fiscal year thereafter, the 458 |
---|
765 | | - | Social Equity Council shall transmit, for even-numbered years, 459 |
---|
766 | | - | estimates of expenditure requirements and for odd-numbered years, 460 |
---|
767 | | - | recommended adjustments and revisions, if any, of such estimates, to 461 |
---|
768 | | - | the Secretary of the Office of Policy and Management, in the manner 462 |
---|
769 | | - | prescribed for a budgeted agency under subsection (a) of section 4-77. 463 |
---|
770 | | - | The council shall recommend for each fiscal year commencing with the 464 |
---|
771 | | - | fiscal year ending June 30, 2023, appropriate funding for all credits 465 |
---|
772 | | - | payable to angel investors that invest in cannabis businesses pursuant 466 |
---|
773 | | - | to section 12-704d. 467 |
---|
774 | | - | (B) The Office of Policy and Management may not make 468 |
---|
775 | | - | adjustments to any such estimates or adjustments and revisions of 469 |
---|
776 | | - | such estimates transmitted by the council. Notwithstanding any 470 |
---|
777 | | - | provision of the general statutes or any special act, the Governor shall 471 |
---|
778 | | - | not reduce the allotment requisitions or allotments in force pursuant to 472 |
---|
779 | | - | section 4-85 or make reductions in allotments in order to achieve 473 |
---|
780 | | - | budget savings in the General Fund, concerning any appropriations 474 |
---|
781 | | - | made by the General Assembly for the purposes of subdivision (1) of 475 |
---|
782 | | - | this subsection. 476 |
---|
783 | | - | (d) On and after July 1, 2022, there is established a fund to be known 477 |
---|
784 | | - | as the ["Prevention and Recovery Services Fund" which shall be a 478 |
---|
785 | | - | separate, nonlapsing fund] "Cannabis Prevention and Recovery 479 Substitute Bill No. 6660 |
---|
786 | | - | |
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790 | | - | 21 of 29 |
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791 | | - | |
---|
792 | | - | Services Fund". The fund shall contain any moneys required by law to 480 |
---|
793 | | - | be deposited in the fund and shall be held by the Treasurer separate 481 |
---|
794 | | - | and apart from all other moneys, funds and accounts. Amounts in the 482 |
---|
795 | | - | fund may be expended only pursuant to appropriation by the General 483 |
---|
796 | | - | Assembly. Any balance remaining in the fund at the end of any fiscal 484 |
---|
797 | | - | year shall be carried forward in the fund for the fiscal year next 485 |
---|
798 | | - | succeeding. Moneys in the fund shall be appropriated for the purposes 486 |
---|
799 | | - | of (1) substance abuse prevention, treatment and recovery services, 487 |
---|
800 | | - | and (2) collection and analysis of data regarding substance use. The 488 |
---|
801 | | - | Social Equity Council may make recommendations to any relevant 489 |
---|
802 | | - | state agency regarding expenditures to be made for the purposes set 490 |
---|
803 | | - | forth in this subsection. 491 |
---|
804 | | - | Sec. 12. Subsection (i) of section 12-330ll of the general statutes is 492 |
---|
805 | | - | repealed and the following is substituted in lieu thereof (Effective July 493 |
---|
806 | | - | 1, 2023): 494 |
---|
807 | | - | (i) The tax received by the state under this section shall be deposited 495 |
---|
808 | | - | as follows: 496 |
---|
809 | | - | (1) For the fiscal years ending June 30, 2022, and June 30, 2023, in the 497 |
---|
810 | | - | cannabis regulatory and investment account established under section 498 |
---|
811 | | - | 21a-420f, as amended by this act; 499 |
---|
812 | | - | (2) For the fiscal years ending June 30, 2024, June 30, 2025, and June 500 |
---|
813 | | - | 30, 2026, sixty per cent of such tax received in the Cannabis Social 501 |
---|
814 | | - | Equity and Innovation Fund established under section 21a-420f, as 502 |
---|
815 | | - | amended by this act, twenty-five per cent of such tax received in the 503 |
---|
816 | | - | Cannabis Prevention and Recovery Services Fund established under 504 |
---|
817 | | - | section 21a-420f, as amended by this act, and fifteen per cent in the 505 |
---|
818 | | - | General Fund; 506 |
---|
819 | | - | (3) For the fiscal years ending June 30, 2027, and June 30, 2028, sixty-507 |
---|
820 | | - | five per cent of such tax received in the Cannabis Social Equity and 508 |
---|
821 | | - | Innovation Fund established under section 21a-420f, as amended by 509 |
---|
822 | | - | this act, twenty-five per cent of such tax received in the Cannabis 510 Substitute Bill No. 6660 |
---|
823 | | - | |
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828 | | - | |
---|
829 | | - | Prevention and Recovery Services Fund and ten per cent in the 511 |
---|
830 | | - | General Fund; and 512 |
---|
831 | | - | (4) For the fiscal year ending June 30, 2029, and each fiscal year 513 |
---|
832 | | - | thereafter, seventy-five per cent of such tax received in the Cannabis 514 |
---|
833 | | - | Social Equity and Innovation Fund established under section 21a-420f, 515 |
---|
834 | | - | as amended by this act, and twenty-five per cent of such tax received 516 |
---|
835 | | - | in the Cannabis Prevention and Recovery Services Fund established 517 |
---|
836 | | - | under section 21a-420f, as amended by this act. 518 |
---|
837 | | - | Sec. 13. Subsection (e) of section 21a-420e of the general statutes is 519 |
---|
838 | | - | repealed and the following is substituted in lieu thereof (Effective July 520 |
---|
839 | | - | 1, 2023): 521 |
---|
840 | | - | (e) For the fiscal year ending June 30, 2023, and thereafter, fees 522 |
---|
841 | | - | collected by the department under this section shall be paid to the 523 |
---|
842 | | - | State Treasurer and credited to the General Fund, except that the fees 524 |
---|
843 | | - | collected under subdivisions (12) and (13) of subsection (c) of this 525 |
---|
844 | | - | section shall be deposited in the Cannabis Social Equity and 526 |
---|
845 | | - | Innovation Fund established under section 21a-420f, as amended by 527 |
---|
846 | | - | this act. 528 |
---|
847 | | - | Sec. 14. Subsection (a) of section 21a-420o of the general statutes is 529 |
---|
848 | | - | repealed and the following is substituted in lieu thereof (Effective July 530 |
---|
849 | | - | 1, 2023): 531 |
---|
850 | | - | (a) Thirty days after the Social Equity Council posts the criteria for 532 |
---|
851 | | - | social equity applicants on its Internet web site, the department shall 533 |
---|
852 | | - | open up a three-month application period for cultivators during which 534 |
---|
853 | | - | a social equity applicant may apply to the department for a provisional 535 |
---|
854 | | - | cultivator license and final license for a cultivation facility located in a 536 |
---|
855 | | - | disproportionately impacted area without participating in a lottery or 537 |
---|
856 | | - | request for proposals. Such application for a provisional license shall 538 |
---|
857 | | - | be granted upon (1) verification by the Social Equity Council that the 539 |
---|
858 | | - | applicant meets the criteria for a social equity applicant; (2) the 540 |
---|
859 | | - | applicant submitting to and passing a criminal background check; and 541 Substitute Bill No. 6660 |
---|
860 | | - | |
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865 | | - | |
---|
866 | | - | (3) payment of a three-million-dollar fee to be deposited in the 542 |
---|
867 | | - | Cannabis Social Equity and Innovation Fund established in section 543 |
---|
868 | | - | 21a-420f, as amended by this act. Upon granting such provisional 544 |
---|
869 | | - | license, the department shall notify the applicant of the project labor 545 |
---|
870 | | - | agreement requirements of section 21a-421e. 546 |
---|
871 | | - | Sec. 15. Section 51-47 of the general statutes is repealed and the 547 |
---|
872 | | - | following is substituted in lieu thereof (Effective July 1, 2023): 548 |
---|
873 | | - | (a) The judges of the Superior Court, judges of the Appellate Court 549 |
---|
874 | | - | and judges of the Supreme Court shall receive annually salaries as 550 |
---|
875 | | - | follows: 551 |
---|
876 | | - | [(1) On and after July 1, 2021, (A) the Chief Justice of the Supreme 552 |
---|
877 | | - | Court, two hundred fifteen thousand nine hundred fifteen dollars; (B) 553 |
---|
878 | | - | the Chief Court Administrator if a judge of the Supreme Court, 554 |
---|
879 | | - | Appellate Court or Superior Court, two hundred seven thousand four 555 |
---|
880 | | - | hundred eighty dollars; (C) each associate judge of the Supreme Court, 556 |
---|
881 | | - | one hundred ninety-nine thousand seven hundred eighty-one dollars; 557 |
---|
882 | | - | (D) the Chief Judge of the Appellate Court, one hundred ninety-seven 558 |
---|
883 | | - | thousand five hundred seventy-one dollars; (E) each judge of the 559 |
---|
884 | | - | Appellate Court, one hundred eighty-seven thousand six hundred 560 |
---|
885 | | - | sixty-three dollars; (F) the Deputy Chief Court Administrator if a judge 561 |
---|
886 | | - | of the Superior Court, one hundred eighty-four thousand two hundred 562 |
---|
887 | | - | nine dollars; (G) each judge of the Superior Court, one hundred eighty 563 |
---|
888 | | - | thousand four hundred sixty dollars.] 564 |
---|
889 | | - | [(2)] (1) On and after July 1, 2022, (A) the Chief Justice of the 565 |
---|
890 | | - | Supreme Court, two hundred twenty-six thousand seven hundred 566 |
---|
891 | | - | eleven dollars; (B) the Chief Court Administrator if a judge of the 567 |
---|
892 | | - | Supreme Court, Appellate Court or Superior Court, two hundred 568 |
---|
893 | | - | seventeen thousand eight hundred fifty-four dollars; (C) each associate 569 |
---|
894 | | - | judge of the Supreme Court, two hundred nine thousand seven 570 |
---|
895 | | - | hundred seventy dollars; (D) the Chief Judge of the Appellate Court, 571 |
---|
896 | | - | two hundred seven thousand four hundred fifty dollars; (E) each judge 572 |
---|
897 | | - | of the Appellate Court, one hundred ninety-seven thousand forty-six 573 Substitute Bill No. 6660 |
---|
898 | | - | |
---|
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903 | | - | |
---|
904 | | - | dollars; (F) the Deputy Chief Court Administrator if a judge of the 574 |
---|
905 | | - | Superior Court, one hundred ninety-three thousand four hundred 575 |
---|
906 | | - | twenty dollars; and (G) each judge of the Superior Court, one hundred 576 |
---|
907 | | - | eighty-nine thousand four hundred eighty-three dollars. 577 |
---|
908 | | - | (2) On and after July 1, 2023, (A) the Chief Justice of the Supreme 578 |
---|
909 | | - | Court, two hundred thirty-one thousand two hundred forty-five 579 |
---|
910 | | - | dollars; (B) the Chief Court Administrator if a judge of the Supreme 580 |
---|
911 | | - | Court, Appellate Court or Superior Court, two hundred twenty-two 581 |
---|
912 | | - | thousand two hundred eleven dollars; (C) each associate judge of the 582 |
---|
913 | | - | Supreme Court, two hundred thirteen thousand nine hundred sixty-583 |
---|
914 | | - | five dollars; (D) the Chief Judge of the Appellate Court, two hundred 584 |
---|
915 | | - | eleven thousand five hundred ninety-nine dollars; (E) each judge of 585 |
---|
916 | | - | the Appellate Court, two hundred thousand nine hundred eighty-586 |
---|
917 | | - | seven dollars; (F) the Deputy Chief Court Administrator if a judge of 587 |
---|
918 | | - | the Superior Court, one hundred ninety-seven thousand two hundred 588 |
---|
919 | | - | eighty-eight dollars; and (G) each judge of the Superior Court, one 589 |
---|
920 | | - | hundred ninety-three thousand two hundred seventy-three dollars. 590 |
---|
921 | | - | (3) On and after July 1, 2024, (A) the Chief Justice of the Supreme 591 |
---|
922 | | - | Court, two hundred thirty-five thousand eight hundred seventy 592 |
---|
923 | | - | dollars; (B) the Chief Court Administrator if a judge of the Supreme 593 |
---|
924 | | - | Court, Appellate Court or Superior Court, two hundred twenty-six 594 |
---|
925 | | - | thousand six hundred fifty-five dollars; (C) each associate judge of the 595 |
---|
926 | | - | Supreme Court, two hundred eighteen thousand two hundred forty-596 |
---|
927 | | - | five dollars; (D) the Chief Judge of the Appellate Court, two hundred 597 |
---|
928 | | - | fifteen thousand eight hundred thirty-one dollars; (E) each judge of the 598 |
---|
929 | | - | Appellate Court, two hundred five thousand seven dollars; (F) the 599 |
---|
930 | | - | Deputy Chief Court Administrator if a judge of the Superior Court, 600 |
---|
931 | | - | two hundred one thousand two hundred thirty-four dollars; and (G) 601 |
---|
932 | | - | each judge of the Superior Court, one hundred ninety-seven thousand 602 |
---|
933 | | - | one hundred thirty-eight dollars. 603 |
---|
934 | | - | [(b) (1) In addition to the salary such judge is entitled to receive 604 |
---|
935 | | - | under subsection (a) of this section, on and after July 1, 2021, a judge 605 |
---|
936 | | - | designated as the administrative judge of the appellate system shall 606 Substitute Bill No. 6660 |
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942 | | - | |
---|
943 | | - | receive one thousand two hundred thirty dollars in additional 607 |
---|
944 | | - | compensation, each Superior Court judge designated as the 608 |
---|
945 | | - | administrative judge of a judicial district shall receive one thousand 609 |
---|
946 | | - | two hundred thirty dollars in additional compensation and each 610 |
---|
947 | | - | Superior Court judge designated as the chief administrative judge for 611 |
---|
948 | | - | facilities, administrative appeals, judicial marshal service or judge trial 612 |
---|
949 | | - | referees or for the Family, Juvenile, Criminal or Civil Division of the 613 |
---|
950 | | - | Superior Court shall receive one thousand two hundred thirty dollars 614 |
---|
951 | | - | in additional compensation.] 615 |
---|
952 | | - | [(2)] (b) (1) In addition to the salary such judge is entitled to receive 616 |
---|
953 | | - | under subsection (a) of this section, on and after July 1, 2022, a judge 617 |
---|
954 | | - | designated as the administrative judge of the appellate system shall 618 |
---|
955 | | - | receive one thousand two hundred ninety-two dollars in additional 619 |
---|
956 | | - | compensation, each Superior Court judge designated as the 620 |
---|
957 | | - | administrative judge of a judicial district shall receive one thousand 621 |
---|
958 | | - | two hundred ninety-two dollars in additional compensation and each 622 |
---|
959 | | - | Superior Court judge designated as the chief administrative judge for 623 |
---|
960 | | - | facilities, administrative appeals, judicial marshal service or judge trial 624 |
---|
961 | | - | referees or for the Family, Juvenile, Criminal or Civil Division of the 625 |
---|
962 | | - | Superior Court shall receive one thousand two hundred ninety-two 626 |
---|
963 | | - | dollars in additional compensation. 627 |
---|
964 | | - | (2) In addition to the salary such judge is entitled to receive under 628 |
---|
965 | | - | subsection (a) of this section, on and after July 1, 2023, a judge 629 |
---|
966 | | - | designated as the administrative judge of the appellate system shall 630 |
---|
967 | | - | receive one thousand three hundred eighteen dollars in additional 631 |
---|
968 | | - | compensation, each Superior Court judge designated as the 632 |
---|
969 | | - | administrative judge of a judicial district shall receive one thousand 633 |
---|
970 | | - | three hundred eighteen dollars in additional compensation and each 634 |
---|
971 | | - | Superior Court judge designated as the chief administrative judge for 635 |
---|
972 | | - | facilities, administrative appeals, judicial marshal service or judge trial 636 |
---|
973 | | - | referees or for the Family, Juvenile, Criminal or Civil Division of the 637 |
---|
974 | | - | Superior Court shall receive one thousand three hundred eighteen 638 |
---|
975 | | - | dollars in additional compensation. 639 Substitute Bill No. 6660 |
---|
976 | | - | |
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981 | | - | |
---|
982 | | - | (3) In addition to the salary such judge is entitled to receive under 640 |
---|
983 | | - | subsection (a) of this section, on and after July 1, 2024, a judge 641 |
---|
984 | | - | designated as the administrative judge of the appellate system shall 642 |
---|
985 | | - | receive one thousand three hundred forty-four dollars in additional 643 |
---|
986 | | - | compensation, each Superior Court judge designated as the 644 |
---|
987 | | - | administrative judge of a judicial district shall receive one thousand 645 |
---|
988 | | - | three hundred forty-four dollars in additional compensation and each 646 |
---|
989 | | - | Superior Court judge designated as the chief administrative judge for 647 |
---|
990 | | - | facilities, administrative appeals, judicial marshal service or judge trial 648 |
---|
991 | | - | referees or for the Family, Juvenile, Criminal or Civil Division of the 649 |
---|
992 | | - | Superior Court shall receive one thousand three hundred forty-four 650 |
---|
993 | | - | dollars in additional compensation. 651 |
---|
994 | | - | (c) Each such judge shall be an elector and a resident of this state, 652 |
---|
995 | | - | shall be a member of the bar of the state of Connecticut and shall not 653 |
---|
996 | | - | engage in private practice, nor on or after July 1, 1985, be a member of 654 |
---|
997 | | - | any board of directors or of any advisory board of any state bank and 655 |
---|
998 | | - | trust company, state bank or savings and loan association, national 656 |
---|
999 | | - | banking association or federal savings bank or savings and loan 657 |
---|
1000 | | - | association. Nothing in this subsection shall preclude a senior judge 658 |
---|
1001 | | - | from participating in any alternative dispute resolution program 659 |
---|
1002 | | - | approved by STA-FED ADR, Inc. 660 |
---|
1003 | | - | (d) Each such judge, excluding any senior judge, who has completed 661 |
---|
1004 | | - | not less than ten years of service as a judge of either the Supreme 662 |
---|
1005 | | - | Court, the Appellate Court, or the Superior Court, or of any 663 |
---|
1006 | | - | combination of such courts, or of the Court of Common Pleas, the 664 |
---|
1007 | | - | Juvenile Court or the Circuit Court, or other state service or service as 665 |
---|
1008 | | - | an elected officer of the state, or any combination of such service, shall 666 |
---|
1009 | | - | receive semiannual longevity payments based on service as a judge of 667 |
---|
1010 | | - | any or all of such six courts, or other state service or service as an 668 |
---|
1011 | | - | elected officer of the state, or any combination of such service, 669 |
---|
1012 | | - | completed as of the first day of July and the first day of January of each 670 |
---|
1013 | | - | year, as follows: 671 |
---|
1014 | | - | (1) A judge who has completed ten or more years but less than 672 Substitute Bill No. 6660 |
---|
1015 | | - | |
---|
1016 | | - | |
---|
1017 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06660- |
---|
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---|
1019 | | - | 27 of 29 |
---|
1020 | | - | |
---|
1021 | | - | fifteen years of service shall receive one-quarter of three per cent of the 673 |
---|
1022 | | - | annual salary payable under subsection (a) of this section. 674 |
---|
1023 | | - | (2) A judge who has completed fifteen or more years but less than 675 |
---|
1024 | | - | twenty years of service shall receive one-half of three per cent of the 676 |
---|
1025 | | - | annual salary payable under subsection (a) of this section. 677 |
---|
1026 | | - | (3) A judge who has completed twenty or more years but less than 678 |
---|
1027 | | - | twenty-five years of service shall receive three-quarters of three per 679 |
---|
1028 | | - | cent of the annual salary payable under subsection (a) of this section. 680 |
---|
1029 | | - | (4) A judge who has completed twenty-five or more years of service 681 |
---|
1030 | | - | shall receive three per cent of the annual salary payable under 682 |
---|
1031 | | - | subsection (a) of this section. 683 |
---|
1032 | | - | Sec. 16. Subsection (f) of section 52-434 of the general statutes is 684 |
---|
1033 | | - | repealed and the following is substituted in lieu thereof (Effective July 685 |
---|
1034 | | - | 1, 2023): 686 |
---|
1035 | | - | (f) Each judge trial referee shall receive, for acting as a referee or as a 687 |
---|
1036 | | - | single auditor or committee of any court or for performing duties 688 |
---|
1037 | | - | assigned by the Chief Court Administrator with the approval of the 689 |
---|
1038 | | - | Chief Justice, for each day the judge trial referee is so engaged, in 690 |
---|
1039 | | - | addition to the retirement salary: (1) (A) [on and after July 1, 2021, the 691 |
---|
1040 | | - | sum of two hundred seventy-one dollars, and (B)] on and after July 1, 692 |
---|
1041 | | - | 2022, the sum of two hundred eighty-five dollars, (B) on and after July 693 |
---|
1042 | | - | 1, 2023, the sum of two hundred ninety-one dollars, and (C) on and 694 |
---|
1043 | | - | after July 1, 2024, the sum of two hundred ninety-seven dollars; and (2) 695 |
---|
1044 | | - | expenses, including mileage. Such amounts shall be taxed by the court 696 |
---|
1045 | | - | making the reference in the same manner as other court expenses. 697 |
---|
1046 | | - | Sec. 17. Subsection (h) of section 46b-231 of the general statutes is 698 |
---|
1047 | | - | repealed and the following is substituted in lieu thereof (Effective July 699 |
---|
1048 | | - | 1, 2023): 700 |
---|
1049 | | - | [(h) (1) On and after July 1, 2021, the Chief Family Support 701 |
---|
1050 | | - | Magistrate shall receive a salary of one hundred fifty-seven thousand 702 Substitute Bill No. 6660 |
---|
1051 | | - | |
---|
1052 | | - | |
---|
1053 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06660- |
---|
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---|
1055 | | - | 28 of 29 |
---|
1056 | | - | |
---|
1057 | | - | seventy-eight dollars, and other family support magistrates shall 703 |
---|
1058 | | - | receive an annual salary of one hundred forty-nine thousand four 704 |
---|
1059 | | - | hundred ninety-eight dollars.] 705 |
---|
1060 | | - | [(2)] (h) (1) On and after July 1, 2022, the Chief Family Support 706 |
---|
1061 | | - | Magistrate shall receive a salary of one hundred sixty-four thousand 707 |
---|
1062 | | - | nine hundred thirty-two dollars, and other family support magistrates 708 |
---|
1063 | | - | shall receive an annual salary of one hundred fifty-six thousand nine 709 |
---|
1064 | | - | hundred seventy-three dollars. 710 |
---|
1065 | | - | (2) On and after July 1, 2023, the Chief Family Support Magistrate 711 |
---|
1066 | | - | shall receive a salary of one hundred sixty-eight thousand two 712 |
---|
1067 | | - | hundred thirty-one dollars, and other family support magistrates shall 713 |
---|
1068 | | - | receive an annual salary of one hundred sixty thousand one hundred 714 |
---|
1069 | | - | twelve dollars. 715 |
---|
1070 | | - | (3) On and after July 1, 2024, the Chief Family Support Magistrate 716 |
---|
1071 | | - | shall receive a salary of one hundred seventy-one thousand five 717 |
---|
1072 | | - | hundred ninety-five dollars, and other family support magistrates 718 |
---|
1073 | | - | shall receive an annual salary of one hundred sixty-three thousand 719 |
---|
1074 | | - | three hundred fifteen dollars. 720 |
---|
1075 | | - | Sec. 18. Subsection (b) of section 46b-236 of the general statutes is 721 |
---|
1076 | | - | repealed and the following is substituted in lieu thereof (Effective July 722 |
---|
1077 | | - | 1, 2023): 723 |
---|
1078 | | - | [(b) (1) On and after July 1, 2021, each family support referee shall 724 |
---|
1079 | | - | receive, for acting as a family support referee, in addition to the 725 |
---|
1080 | | - | retirement salary, the sum of two hundred thirty-three dollars and 726 |
---|
1081 | | - | expenses, including mileage, for each day a family support referee is so 727 |
---|
1082 | | - | engaged.] 728 |
---|
1083 | | - | [(2)] (b) (1) On and after July 1, 2022, each family support referee 729 |
---|
1084 | | - | shall receive, for acting as a family support referee, in addition to the 730 |
---|
1085 | | - | retirement salary, the sum of two hundred forty-five dollars and 731 |
---|
1086 | | - | expenses, including mileage, for each day a family support referee is so 732 |
---|
1087 | | - | engaged. 733 Substitute Bill No. 6660 |
---|
1088 | | - | |
---|
1089 | | - | |
---|
1090 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06660- |
---|
1091 | | - | R01-HB.docx } |
---|
1092 | | - | 29 of 29 |
---|
1093 | | - | |
---|
1094 | | - | (2) On and after July 1, 2023, each family support referee shall 734 |
---|
1095 | | - | receive, for acting as a family support referee, in addition to the 735 |
---|
1096 | | - | retirement salary, the sum of two hundred fifty dollars and expenses, 736 |
---|
1097 | | - | including mileage, for each day a family support referee is so engaged. 737 |
---|
1098 | | - | (3) On and after July 1, 2024, each family support referee shall 738 |
---|
1099 | | - | receive, for acting as a family support referee, in addition to the 739 |
---|
1100 | | - | retirement salary, the sum of two hundred fifty-five dollars and 740 |
---|
1101 | | - | expenses, including mileage, for each day a family support referee is so 741 |
---|
1102 | | - | engaged. 742 |
---|
| 376 | + | Governor's Bill No. 6660 |
---|
| 377 | + | |
---|
| 378 | + | |
---|
| 379 | + | |
---|
| 380 | + | LCO No. 4030 10 of 165 |
---|
| 381 | + | |
---|
| 382 | + | (2) If the total of grants payable to each municipality and district in 129 |
---|
| 383 | + | accordance with subdivision (1) of this subsection exceeds the amount 130 |
---|
| 384 | + | appropriated for the purposes of said subdivision, the amount of the 131 |
---|
| 385 | + | grant payable to each municipality and district shall be reduced 132 |
---|
| 386 | + | proportionately. 133 |
---|
| 387 | + | (f) For the fiscal year ending June 30, 2024, and each fiscal year 134 |
---|
| 388 | + | thereafter, the total grants paid to municipalities pursuant to sections 3-135 |
---|
| 389 | + | 55i to 3-55m, inclusive, as amended by this act, shall be paid from the 136 |
---|
| 390 | + | Municipal Revenue Sharing Fund, established in subsection (a) of this 137 |
---|
| 391 | + | section and not from the Mashantucket and Mohegan Fund established 138 |
---|
| 392 | + | pursuant to section 3-55i, as amended by this act. 139 |
---|
| 393 | + | (g) (1) For the fiscal year ending June 30, 2024, and each fiscal year 140 |
---|
| 394 | + | thereafter, moneys remaining in the municipal revenue sharing fund, 141 |
---|
| 395 | + | including moneys accrued to the fund during such fiscal year but 142 |
---|
| 396 | + | received after the end of such fiscal year, shall be expended not later 143 |
---|
| 397 | + | than October first following the end of each such fiscal year by the 144 |
---|
| 398 | + | secretary for the purposes of the municipal revenue sharing grants 145 |
---|
| 399 | + | established pursuant to subsection (d) of section 4-66l. 146 |
---|
| 400 | + | (2) The amount of the grant payable to a municipality in any year in 147 |
---|
| 401 | + | accordance with subdivision (1) of this subsection shall be reduced 148 |
---|
| 402 | + | proportionately in the event that the total of such grants in such year 149 |
---|
| 403 | + | exceeds the amount available for such grants in the municipal revenue 150 |
---|
| 404 | + | sharing fund established pursuant to subsection (a) of this section. 151 |
---|
| 405 | + | Sec. 9. Subsections (d) and (e) of section 12-18b of the general statutes 152 |
---|
| 406 | + | are repealed and the following is substituted in lieu thereof (Effective July 153 |
---|
| 407 | + | 1, 2023): 154 |
---|
| 408 | + | (d) For the fiscal year ending June 30, 2022, and each fiscal year 155 |
---|
| 409 | + | thereafter: 156 |
---|
| 410 | + | (1) The total amount of the grants paid to a municipality or fire 157 |
---|
| 411 | + | district pursuant to the provisions of this subsection shall not be lower 158 |
---|
| 412 | + | Governor's Bill No. 6660 |
---|
| 413 | + | |
---|
| 414 | + | |
---|
| 415 | + | |
---|
| 416 | + | LCO No. 4030 11 of 165 |
---|
| 417 | + | |
---|
| 418 | + | than the total amount of the payment in lieu of taxes grants received by 159 |
---|
| 419 | + | such municipality or fire district for the fiscal year ending June 30, 2021. 160 |
---|
| 420 | + | (2) If the total of grants payable to each municipality and fire district 161 |
---|
| 421 | + | in accordance with the provisions of [subsection] subsections (b) and (e) 162 |
---|
| 422 | + | of this section exceeds the amount appropriated for the purposes of said 163 |
---|
| 423 | + | subsection for a fiscal year: 164 |
---|
| 424 | + | (A) Each tier one municipality shall receive fifty per cent of the grant 165 |
---|
| 425 | + | amount payable to such municipality as calculated under subsection (b) 166 |
---|
| 426 | + | of this section; 167 |
---|
| 427 | + | (B) Each tier two municipality shall receive forty per cent of the grant 168 |
---|
| 428 | + | amount payable to such municipality as calculated under subsection (b) 169 |
---|
| 429 | + | of this section; and 170 |
---|
| 430 | + | (C) Each tier three municipality shall receive thirty per cent of the 171 |
---|
| 431 | + | grant amount payable to such municipality as calculated under 172 |
---|
| 432 | + | subsection (b) of this section. 173 |
---|
| 433 | + | (3) Each municipality designated as an alliance district pursuant to 174 |
---|
| 434 | + | section 10-262u or in which more than fifty per cent of the property is 175 |
---|
| 435 | + | state-owned real property shall be classified as a tier one municipality. 176 |
---|
| 436 | + | (4) Each fire district shall receive the same percentage of the grant 177 |
---|
| 437 | + | amount payable to the municipality in which it is located. 178 |
---|
| 438 | + | (5) (A) If the total of grants payable to each municipality and fire 179 |
---|
| 439 | + | district in accordance with the provisions of subsection (b) of this section 180 |
---|
| 440 | + | exceeds the amount appropriated for the purposes of said subsection, 181 |
---|
| 441 | + | but such appropriated amount exceeds the amount required for grants 182 |
---|
| 442 | + | payable to each municipality and fire district in accordance with the 183 |
---|
| 443 | + | provisions of subdivisions (1) to (4), inclusive, of this subsection, the 184 |
---|
| 444 | + | amount of the grant payable to each municipality and fire district shall 185 |
---|
| 445 | + | be increased proportionately. 186 |
---|
| 446 | + | (B) If the total of grants payable to each municipality and fire district 187 |
---|
| 447 | + | Governor's Bill No. 6660 |
---|
| 448 | + | |
---|
| 449 | + | |
---|
| 450 | + | |
---|
| 451 | + | LCO No. 4030 12 of 165 |
---|
| 452 | + | |
---|
| 453 | + | in accordance with the provisions of subdivisions (1) to (4), inclusive, of 188 |
---|
| 454 | + | this subsection exceeds the amount appropriated for the purposes of 189 |
---|
| 455 | + | said subdivisions, the amount of the grant payable to each municipality 190 |
---|
| 456 | + | and fire district shall be reduced proportionately, except that no grant 191 |
---|
| 457 | + | shall be reduced below the amount set forth in subdivision (1) of this 192 |
---|
| 458 | + | subsection. 193 |
---|
| 459 | + | (e) Notwithstanding the provisions of subsections (a) to (d), inclusive, 194 |
---|
| 460 | + | of this section and sections 12-19b and 12-20b, as amended by this act: 195 |
---|
| 461 | + | (1) The grant payable to any municipality or fire district with respect 196 |
---|
| 462 | + | to a campus of the United States Department of Veterans Affairs 197 |
---|
| 463 | + | Connecticut Healthcare Systems shall be one hundred per cent; 198 |
---|
| 464 | + | (2) For any municipality receiving payments under section 15-120ss, 199 |
---|
| 465 | + | property located in such municipality at Bradley International Airport 200 |
---|
| 466 | + | shall not be included in the calculation of any state grant in lieu of taxes 201 |
---|
| 467 | + | pursuant to this section; [and] 202 |
---|
| 468 | + | (3) The city of Bridgeport shall be due five million dollars, [on or 203 |
---|
| 469 | + | before the thirtieth day of September,] annually, which amount shall be 204 |
---|
| 470 | + | in addition to the amount due such city pursuant to the provisions of 205 |
---|
| 471 | + | [subsections] subsection (b) or (d) of this section; [.] 206 |
---|
| 472 | + | (4) There shall be an amount due the town of Voluntown, with 207 |
---|
| 473 | + | respect to any state-owned forest, of an additional sixty thousand 208 |
---|
| 474 | + | dollars, annually, for reimbursement to municipalities for loss of taxes 209 |
---|
| 475 | + | on private tax-exempt property; 210 |
---|
| 476 | + | (5) The amount due the town of Branford, with respect to the 211 |
---|
| 477 | + | Connecticut Hospice located in said town, shall be one hundred 212 |
---|
| 478 | + | thousand dollars, annually, for reimbursement to municipalities for loss 213 |
---|
| 479 | + | of taxes on private tax-exempt property; and 214 |
---|
| 480 | + | (6) The amount due the city of New London, with respect to the 215 |
---|
| 481 | + | United States Coast Guard Academy located in said city, shall be one 216 |
---|
| 482 | + | Governor's Bill No. 6660 |
---|
| 483 | + | |
---|
| 484 | + | |
---|
| 485 | + | |
---|
| 486 | + | LCO No. 4030 13 of 165 |
---|
| 487 | + | |
---|
| 488 | + | million dollars, annually, for reimbursement to municipalities for loss 217 |
---|
| 489 | + | of taxes on private tax-exempt property. 218 |
---|
| 490 | + | Sec. 10. Section 12-19b of the general statutes is repealed and the 219 |
---|
| 491 | + | following is substituted in lieu thereof (Effective July 1, 2023): 220 |
---|
| 492 | + | [(a)] Not later than April first in any assessment year, any town, 221 |
---|
| 493 | + | borough or fire district to which a grant is payable under the provisions 222 |
---|
| 494 | + | of section 12-18b, as amended by this act, or 12-19a shall provide the 223 |
---|
| 495 | + | Secretary of the Office of Policy and Management with the assessed 224 |
---|
| 496 | + | valuation of the real property eligible therefor as of the first day of 225 |
---|
| 497 | + | October immediately preceding, adjusted in accordance with any 226 |
---|
| 498 | + | gradual increase in or deferment of assessed values of real property 227 |
---|
| 499 | + | implemented in accordance with section 12-62c, which is required for 228 |
---|
| 500 | + | computation of such grant. Any town, borough or fire district that 229 |
---|
| 501 | + | neglects to transmit to the secretary the assessed valuation as required 230 |
---|
| 502 | + | by this section shall forfeit two hundred fifty dollars to the state, 231 |
---|
| 503 | + | provided the secretary may waive such forfeiture in accordance with 232 |
---|
| 504 | + | procedures and standards adopted by regulation in accordance with 233 |
---|
| 505 | + | chapter 54. Said secretary may, on or before the first day of August of 234 |
---|
| 506 | + | the state fiscal year in which such grant is payable, reevaluate any such 235 |
---|
| 507 | + | property when, in the secretary's judgment, the valuation is inaccurate 236 |
---|
| 508 | + | and shall notify such town, borough or fire district of such reevaluation 237 |
---|
| 509 | + | by certified or registered mail. Any town, borough or fire district 238 |
---|
| 510 | + | aggrieved by the action of the secretary under the provisions of this 239 |
---|
| 511 | + | section may, not later than ten business days following receipt of such 240 |
---|
| 512 | + | notice, appeal to the secretary for a hearing concerning such 241 |
---|
| 513 | + | reevaluation. Such appeal shall be in writing and shall include a 242 |
---|
| 514 | + | statement as to the reasons for such appeal. The secretary shall, not later 243 |
---|
| 515 | + | than ten business days following receipt of such appeal, grant or deny 244 |
---|
| 516 | + | such hearing by notification in writing, including in the event of a 245 |
---|
| 517 | + | denial, a statement as to the reasons for such denial. Such notification 246 |
---|
| 518 | + | shall be sent by certified or registered mail. If any town, borough or fire 247 |
---|
| 519 | + | district is aggrieved by the action of the secretary following such hearing 248 |
---|
| 520 | + | or in denying any such hearing, the town, borough or fire district may 249 |
---|
| 521 | + | Governor's Bill No. 6660 |
---|
| 522 | + | |
---|
| 523 | + | |
---|
| 524 | + | |
---|
| 525 | + | LCO No. 4030 14 of 165 |
---|
| 526 | + | |
---|
| 527 | + | not later than ten business days after receiving such notice, appeal to the 250 |
---|
| 528 | + | superior court for the judicial district wherein such town, borough or 251 |
---|
| 529 | + | fire district is located. Any such appeal shall be privileged. 252 |
---|
| 530 | + | [(b) Notwithstanding the provisions of section 12-18b or subsection 253 |
---|
| 531 | + | (a) of this section, there shall be an amount due the municipality of 254 |
---|
| 532 | + | Voluntown, on or before the thirtieth day of September, annually, with 255 |
---|
| 533 | + | respect to any state-owned forest, of an additional sixty thousand 256 |
---|
| 534 | + | dollars, which amount shall be paid from the municipal revenue sharing 257 |
---|
| 535 | + | account established pursuant to section 4-66l, for reimbursement to 258 |
---|
| 536 | + | towns for loss of taxes on private tax-exempt property.] 259 |
---|
| 537 | + | Sec. 11. Section 12-20b of the general statutes is repealed and the 260 |
---|
| 538 | + | following is substituted in lieu thereof (Effective July 1, 2023): 261 |
---|
| 539 | + | [(a)] Not later than April first in each year, any municipality to which 262 |
---|
| 540 | + | a grant is payable under the provisions of section 12-18b, as amended 263 |
---|
| 541 | + | by this act, or 12-20a shall provide the Secretary of the Office of Policy 264 |
---|
| 542 | + | and Management with the assessed valuation of the tax-exempt real 265 |
---|
| 543 | + | property as of the immediately preceding October first, adjusted in 266 |
---|
| 544 | + | accordance with any gradual increase in or deferment of assessed values 267 |
---|
| 545 | + | of real property implemented in accordance with section 12-62c, which 268 |
---|
| 546 | + | is required for computation of such grant. Any municipality which 269 |
---|
| 547 | + | neglects to transmit to the Secretary of the Office of Policy and 270 |
---|
| 548 | + | Management the assessed valuation as required by this section shall 271 |
---|
| 549 | + | forfeit two hundred fifty dollars to the state, provided the secretary may 272 |
---|
| 550 | + | waive such forfeiture in accordance with procedures and standards 273 |
---|
| 551 | + | adopted by regulation in accordance with chapter 54. Said secretary 274 |
---|
| 552 | + | may, on or before the first day of August of the state fiscal year in which 275 |
---|
| 553 | + | such grant is payable, reevaluate any such property when, in his or her 276 |
---|
| 554 | + | judgment, the valuation is inaccurate and shall notify such municipality 277 |
---|
| 555 | + | of such reevaluation. Any municipality aggrieved by the action of said 278 |
---|
| 556 | + | secretary under the provisions of this section may, not later than ten 279 |
---|
| 557 | + | business days following receipt of such notice, appeal to the secretary 280 |
---|
| 558 | + | for a hearing concerning such reevaluation, provided such appeal shall 281 |
---|
| 559 | + | Governor's Bill No. 6660 |
---|
| 560 | + | |
---|
| 561 | + | |
---|
| 562 | + | |
---|
| 563 | + | LCO No. 4030 15 of 165 |
---|
| 564 | + | |
---|
| 565 | + | be in writing and shall include a statement as to the reasons for such 282 |
---|
| 566 | + | appeal. The secretary shall, not later than ten business days following 283 |
---|
| 567 | + | receipt of such appeal, grant or deny such hearing by notification in 284 |
---|
| 568 | + | writing, including in the event of a denial, a statement as to the reasons 285 |
---|
| 569 | + | for such denial. If any municipality is aggrieved by the action of the 286 |
---|
| 570 | + | secretary following such hearing or in denying any such hearing, the 287 |
---|
| 571 | + | municipality may not later than two weeks after such notice, appeal to 288 |
---|
| 572 | + | the superior court for the judicial district in which the municipality is 289 |
---|
| 573 | + | located. Any such appeal shall be privileged. [Said secretary shall certify 290 |
---|
| 574 | + | to the Comptroller the amount due each municipality under the 291 |
---|
| 575 | + | provisions of section 12-18b or under any recomputation occurring prior 292 |
---|
| 576 | + | to September fifteenth which may be effected as the result of the 293 |
---|
| 577 | + | provisions of this section, and the Comptroller shall draw his or her 294 |
---|
| 578 | + | order on the Treasurer on or before the fifth business day following 295 |
---|
| 579 | + | September fifteenth and the Treasurer shall pay the amount thereof to 296 |
---|
| 580 | + | such municipality on or before the thirtieth day of September 297 |
---|
| 581 | + | following.] If any recomputation is [effected] affected as the result of the 298 |
---|
| 582 | + | provisions of this section on or after the January first following the date 299 |
---|
| 583 | + | on which the municipality has provided the assessed valuation in 300 |
---|
| 584 | + | question, any adjustments to the amount due to any municipality for the 301 |
---|
| 585 | + | period for which such adjustments were made shall be made in the next 302 |
---|
| 586 | + | payment the Treasurer shall make to such municipality pursuant to this 303 |
---|
| 587 | + | section. 304 |
---|
| 588 | + | [(b) Notwithstanding the provisions of section 12-18b or subsection 305 |
---|
| 589 | + | (a) of this section, the amount due the municipality of Branford, on or 306 |
---|
| 590 | + | before the thirtieth day of September, annually, with respect to the 307 |
---|
| 591 | + | Connecticut Hospice, in Branford, shall be one hundred thousand 308 |
---|
| 592 | + | dollars, which amount shall be paid from the municipal revenue sharing 309 |
---|
| 593 | + | account established pursuant to section 4-66l, for reimbursement to 310 |
---|
| 594 | + | towns for loss of taxes on private tax-exempt property. 311 |
---|
| 595 | + | (c) Notwithstanding the provisions of section 12-18b or subsection (a) 312 |
---|
| 596 | + | of this section, the amount due the city of New London, on or before the 313 |
---|
| 597 | + | thirtieth day of September, annually, with respect to the United States 314 |
---|
| 598 | + | Governor's Bill No. 6660 |
---|
| 599 | + | |
---|
| 600 | + | |
---|
| 601 | + | |
---|
| 602 | + | LCO No. 4030 16 of 165 |
---|
| 603 | + | |
---|
| 604 | + | Coast Guard Academy in New London, shall be one million dollars, 315 |
---|
| 605 | + | which amount shall be paid from the municipal revenue sharing 316 |
---|
| 606 | + | account established pursuant to section 4-66l, for reimbursement to 317 |
---|
| 607 | + | towns for loss of taxes on private tax-exempt property.] 318 |
---|
| 608 | + | Sec. 12. Section 3-55i of the general statutes is repealed and the 319 |
---|
| 609 | + | following is substituted in lieu thereof (Effective July 1, 2023): 320 |
---|
| 610 | + | There is established the "Mashantucket Pequot and Mohegan Fund" 321 |
---|
| 611 | + | which shall be a separate nonlapsing fund. All funds received by the 322 |
---|
| 612 | + | state of Connecticut from the Mashantucket Pequot Tribe pursuant to 323 |
---|
| 613 | + | the joint memorandum of understanding entered into by and between 324 |
---|
| 614 | + | the state and the tribe on January 13, 1993, as amended on April 30, 1993, 325 |
---|
| 615 | + | and any successor thereto, shall be deposited in the General Fund. 326 |
---|
| 616 | + | During the fiscal [year] years ending June 30, 2015, [and each fiscal year 327 |
---|
| 617 | + | thereafter] to June 30, 2023, inclusive, from the funds received by the 328 |
---|
| 618 | + | state from the tribe pursuant to said joint memorandum of 329 |
---|
| 619 | + | understanding, as amended, and any successor thereto, an amount 330 |
---|
| 620 | + | equal to the appropriation to the Mashantucket Pequot and Mohegan 331 |
---|
| 621 | + | Fund for Grants to Towns shall be transferred to the Mashantucket 332 |
---|
| 622 | + | Pequot and Mohegan Fund and shall be distributed by the Office of 333 |
---|
| 623 | + | Policy and Management, during said fiscal year, in accordance with the 334 |
---|
| 624 | + | provisions of section 3-55j. For the fiscal year ending June 30, 2024, and 335 |
---|
| 625 | + | each fiscal year thereafter, from the funds received by the state from the 336 |
---|
| 626 | + | tribe pursuant to said joint memorandum of understanding, as 337 |
---|
| 627 | + | amended, and any successor thereto, an amount equal to the 338 |
---|
| 628 | + | appropriation to the Municipal Revenue Sharing Fund, for 339 |
---|
| 629 | + | Mashantucket Pequot and Mohegan Grants, shall be transferred to the 340 |
---|
| 630 | + | Municipal Revenue Sharing Fund and shall be distributed by the Office 341 |
---|
| 631 | + | of Policy and Management during each fiscal year, in accordance with 342 |
---|
| 632 | + | the provisions of section 4-66p, as amended by this act. The amount of 343 |
---|
| 633 | + | the grant payable to each municipality during any fiscal year, in 344 |
---|
| 634 | + | accordance with said section, shall be reduced proportionately if the 345 |
---|
| 635 | + | total of such grants exceeds the amount of funds available for such year. 346 |
---|
| 636 | + | The grant shall be paid in three installments as follows: The Secretary of 347 |
---|
| 637 | + | Governor's Bill No. 6660 |
---|
| 638 | + | |
---|
| 639 | + | |
---|
| 640 | + | |
---|
| 641 | + | LCO No. 4030 17 of 165 |
---|
| 642 | + | |
---|
| 643 | + | the Office of Policy and Management shall, annually, not later than the 348 |
---|
| 644 | + | fifteenth day of December, the fifteenth day of March and the fifteenth 349 |
---|
| 645 | + | day of June certify to the Comptroller the amount due each municipality 350 |
---|
| 646 | + | under the provisions of section [3-55j] 4-66p, as amended by this act, and 351 |
---|
| 647 | + | the Comptroller shall draw an order on the Treasurer on or before the 352 |
---|
| 648 | + | fifth business day following the fifteenth day of December, the fifth 353 |
---|
| 649 | + | business day following the fifteenth day of March and the fifth business 354 |
---|
| 650 | + | day following the fifteenth day of June and the Treasurer shall pay the 355 |
---|
| 651 | + | amount thereof to such municipality on or before the first day of 356 |
---|
| 652 | + | January, the first day of April and the thirtieth day of June. 357 |
---|
| 653 | + | Sec. 13. Subsection (b) of section 4-66l of the general statutes is 358 |
---|
| 654 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 359 |
---|
| 655 | + | 2023): 360 |
---|
| 656 | + | (b) There is established an account to be known as the "municipal 361 |
---|
| 657 | + | revenue sharing account" which shall be a separate, nonlapsing account 362 |
---|
| 658 | + | within the General Fund. The account shall contain any moneys 363 |
---|
| 659 | + | required by law to be deposited in the account. The secretary shall set 364 |
---|
| 660 | + | aside and ensure availability of moneys in the account in the following 365 |
---|
| 661 | + | order of priority and shall transfer or disburse such moneys as follows: 366 |
---|
| 662 | + | (1) For the fiscal [year] years ending June 30, 2022, [and each fiscal 367 |
---|
| 663 | + | year thereafter] and June 30, 2023, moneys sufficient to make motor 368 |
---|
| 664 | + | vehicle property tax grants payable to municipalities pursuant to 369 |
---|
| 665 | + | subsection (c) of this section shall be expended not later than August 370 |
---|
| 666 | + | first annually by the secretary; 371 |
---|
| 667 | + | (2) For the fiscal [year] years ending June 30, 2022, [and each fiscal 372 |
---|
| 668 | + | year thereafter] and June 30, 2023, moneys sufficient to make the grants 373 |
---|
| 669 | + | payable pursuant to subsection (d) of section 12-18b, subdivisions (1) 374 |
---|
| 670 | + | and (3) of subsection (e) of section 12-18b, subsection (b) of section 12-375 |
---|
| 671 | + | 19b, as amended by this act, and subsections (b) and (c) of section 12-376 |
---|
| 672 | + | 20b, as amended by this act, shall be expended by the secretary; and 377 |
---|
| 673 | + | (3) For the fiscal [year] years ending June 30, 2022, [and each fiscal 378 |
---|
| 674 | + | Governor's Bill No. 6660 |
---|
| 675 | + | |
---|
| 676 | + | |
---|
| 677 | + | |
---|
| 678 | + | LCO No. 4030 18 of 165 |
---|
| 679 | + | |
---|
| 680 | + | year thereafter] and June 30, 2023, moneys in the account remaining 379 |
---|
| 681 | + | shall be expended annually by the secretary for the purposes of the 380 |
---|
| 682 | + | municipal revenue sharing grants established pursuant to subsection (d) 381 |
---|
| 683 | + | of this section. Any such moneys deposited in the account for municipal 382 |
---|
| 684 | + | revenue sharing grants, including moneys accrued to the account 383 |
---|
| 685 | + | during each fiscal year but received after the end of such fiscal year, shall 384 |
---|
| 686 | + | be distributed to municipalities not later than October first following the 385 |
---|
| 687 | + | end of each fiscal year. Any municipality may apply to the Office of 386 |
---|
| 688 | + | Policy and Management on or after July first for early disbursement of 387 |
---|
| 689 | + | a portion of such grant. The Office of Policy and Management may 388 |
---|
| 690 | + | approve such an application if it finds that early disbursement is 389 |
---|
| 691 | + | required in order for a municipality to meet its cash flow needs. No early 390 |
---|
| 692 | + | disbursement approved by said office may be issued later than 391 |
---|
| 693 | + | September thirtieth. 392 |
---|
| 694 | + | Sec. 14. Subsection (g) of section 4-66l of the general statutes is 393 |
---|
| 695 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 394 |
---|
| 696 | + | 2023): 395 |
---|
| 697 | + | (g) For the fiscal [year] years ending June 30, 2020, [and each fiscal 396 |
---|
| 698 | + | year thereafter] to June 30, 2023, inclusive, the amount of the grant 397 |
---|
| 699 | + | payable to a municipality in any year in accordance with subsection (d) 398 |
---|
| 700 | + | of this section shall be reduced proportionately in the event that the total 399 |
---|
| 701 | + | of such grants in such year exceeds the amount available for such grants 400 |
---|
| 702 | + | in the municipal revenue sharing account established pursuant to 401 |
---|
| 703 | + | subsection (b) of this section. 402 |
---|
| 704 | + | Sec. 15. Subsection (d) of section 1-1t of the general statutes is 403 |
---|
| 705 | + | repealed and the following is substituted in lieu thereof (Effective from 404 |
---|
| 706 | + | passage): 405 |
---|
| 707 | + | (d) Notwithstanding any provision of the general statutes or public 406 |
---|
| 708 | + | or special act, but subject to the provisions of chapter 15, any 407 |
---|
| 709 | + | requirement that an agency or quasi-public agency insert an 408 |
---|
| 710 | + | advertisement of a [legal] notice in a newspaper shall [include] be 409 |
---|
| 711 | + | Governor's Bill No. 6660 |
---|
| 712 | + | |
---|
| 713 | + | |
---|
| 714 | + | |
---|
| 715 | + | LCO No. 4030 19 of 165 |
---|
| 716 | + | |
---|
| 717 | + | construed to permit the posting of such notice on the agency's or quasi-410 |
---|
| 718 | + | public agency's Internet web site [or other electronic portal of the 411 |
---|
| 719 | + | agency] which is available to the general public in lieu of publication in 412 |
---|
| 720 | + | a newspaper, provided such notice (1) is posted on such Internet web 413 |
---|
| 721 | + | site by the earliest deadline prescribed by the applicable statute, public 414 |
---|
| 722 | + | or special act or provision of the regulations of Connecticut state 415 |
---|
| 723 | + | agencies for publishing such notice in a newspaper, and (2) remains 416 |
---|
| 724 | + | visible on such Internet web site until completion of the action, meeting 417 |
---|
| 725 | + | or proceeding for which such notice is provided, and in the case of a 418 |
---|
| 726 | + | notice of decision, for the duration of the applicable appeal period. 419 |
---|
| 727 | + | Sec. 16. Section 1-2 of the general statutes is repealed and the 420 |
---|
| 728 | + | following is substituted in lieu thereof (Effective from passage): 421 |
---|
| 729 | + | (a) Each provision of the general statutes, the special acts or the 422 |
---|
| 730 | + | charter of any town, city or borough which requires the insertion of an 423 |
---|
| 731 | + | advertisement of a [legal] notice in a daily newspaper shall be construed 424 |
---|
| 732 | + | to permit such advertisement to be inserted in a weekly newspaper or, 425 |
---|
| 733 | + | if such provision applies to (1) a state agency or quasi-public agency, on 426 |
---|
| 734 | + | the Internet web site of such state agency or quasi-public agency in 427 |
---|
| 735 | + | accordance with subsection (d) of section 1-1t, as amended by this act, 428 |
---|
| 736 | + | or (2) a town, city or borough, on the Internet web site of such town, city 429 |
---|
| 737 | + | or borough in accordance with subsection (b) of this section; but this 430 |
---|
| 738 | + | [section] subsection shall not be construed to reduce or otherwise affect 431 |
---|
| 739 | + | the time required by law for giving such notice. Whenever notice of any 432 |
---|
| 740 | + | action or other proceeding is required to be given by publication in a 433 |
---|
| 741 | + | newspaper, either by statute or order of court and for which publication 434 |
---|
| 742 | + | on an Internet web site is not authorized under this section or section 1-435 |
---|
| 743 | + | 1t, as amended by this act, the newspaper selected for that purpose, 436 |
---|
| 744 | + | unless otherwise expressly prescribed, shall be one having a substantial 437 |
---|
| 745 | + | circulation in the town in which at least one of the parties, for whose 438 |
---|
| 746 | + | benefit such notice is given, resides. 439 |
---|
| 747 | + | (b) Notwithstanding any provision of the general statutes, a public or 440 |
---|
| 748 | + | special act or a municipal charter or ordinance, but subject to the 441 |
---|
| 749 | + | Governor's Bill No. 6660 |
---|
| 750 | + | |
---|
| 751 | + | |
---|
| 752 | + | |
---|
| 753 | + | LCO No. 4030 20 of 165 |
---|
| 754 | + | |
---|
| 755 | + | provisions of chapter 15, a town, city or borough may publish a notice 442 |
---|
| 756 | + | described in subsection (a) of this section on the Internet web site of the 443 |
---|
| 757 | + | town, city or borough which is available to the general public, provided 444 |
---|
| 758 | + | such notice (1) is posted on such Internet web site by the earliest 445 |
---|
| 759 | + | deadline prescribed by the applicable statute, public or special act, 446 |
---|
| 760 | + | municipal charter or ordinance or provision of the regulations of 447 |
---|
| 761 | + | Connecticut state agencies for publishing such notice in a newspaper, 448 |
---|
| 762 | + | and (2) remains visible on such Internet web site until completion of the 449 |
---|
| 763 | + | action, meeting or proceeding for which such notice is provided, and in 450 |
---|
| 764 | + | the case of a notice of decision, for the duration of the applicable appeal 451 |
---|
| 765 | + | period. 452 |
---|
| 766 | + | Sec. 17. Subsections (c) and (d) of section 21a-420f of the general 453 |
---|
| 767 | + | statutes are repealed and the following is substituted in lieu thereof 454 |
---|
| 768 | + | (Effective July 1, 2023): 455 |
---|
| 769 | + | (c) (1) On and after July 1, 2022, there is established a fund to be 456 |
---|
| 770 | + | known as the ["Social Equity and Innovation Fund" which shall be a 457 |
---|
| 771 | + | separate, nonlapsing fund] "Cannabis Social Equity and Innovation 458 |
---|
| 772 | + | Fund". The fund shall contain any moneys required by law to be 459 |
---|
| 773 | + | deposited in the fund and shall be held by the Treasurer separate and 460 |
---|
| 774 | + | apart from all other moneys, funds and accounts. Amounts in the fund 461 |
---|
| 775 | + | may be expended only pursuant to appropriation by the General 462 |
---|
| 776 | + | Assembly. Any balance remaining in the fund at the end of any fiscal 463 |
---|
| 777 | + | year shall be carried forward in the fund for the fiscal year next 464 |
---|
| 778 | + | succeeding. Moneys in the fund shall be appropriated for the purposes 465 |
---|
| 779 | + | of providing the following: Access to capital for businesses; technical 466 |
---|
| 780 | + | assistance for the start-up and operation of a business; funding for 467 |
---|
| 781 | + | workforce education; funding for community investments; and paying 468 |
---|
| 782 | + | costs incurred to implement the activities authorized under RERACA. 469 |
---|
| 783 | + | All such appropriations shall be dedicated to expenditures that further 470 |
---|
| 784 | + | the principles of equity, as defined in section 21a-420. 471 |
---|
| 785 | + | (2) [(A)] For the purposes of subdivision (1) of this subsection, for the 472 |
---|
| 786 | + | fiscal year ending June 30, 2023, and for each fiscal year thereafter, the 473 |
---|
| 787 | + | Governor's Bill No. 6660 |
---|
| 788 | + | |
---|
| 789 | + | |
---|
| 790 | + | |
---|
| 791 | + | LCO No. 4030 21 of 165 |
---|
| 792 | + | |
---|
| 793 | + | Social Equity Council shall transmit, for even-numbered years, 474 |
---|
| 794 | + | estimates of expenditure requirements and for odd-numbered years, 475 |
---|
| 795 | + | recommended adjustments and revisions, if any, of such estimates, to 476 |
---|
| 796 | + | the Secretary of the Office of Policy and Management, in the manner 477 |
---|
| 797 | + | prescribed for a budgeted agency under subsection (a) of section 4-77. 478 |
---|
| 798 | + | [The council shall recommend for each fiscal year commencing with the 479 |
---|
| 799 | + | fiscal year ending June 30, 2023, appropriate funding for all credits 480 |
---|
| 800 | + | payable to angel investors that invest in cannabis businesses pursuant 481 |
---|
| 801 | + | to section 12-704d.] 482 |
---|
| 802 | + | [(B) The Office of Policy and Management may not make adjustments 483 |
---|
| 803 | + | to any such estimates or adjustments and revisions of such estimates 484 |
---|
| 804 | + | transmitted by the council. Notwithstanding any provision of the 485 |
---|
| 805 | + | general statutes or any special act, the Governor shall not reduce the 486 |
---|
| 806 | + | allotment requisitions or allotments in force pursuant to section 4-85 or 487 |
---|
| 807 | + | make reductions in allotments in order to achieve budget savings in the 488 |
---|
| 808 | + | General Fund, concerning any appropriations made by the General 489 |
---|
| 809 | + | Assembly for the purposes of subdivision (1) of this subsection.] 490 |
---|
| 810 | + | (d) On and after July 1, 2022, there is established a fund to be known 491 |
---|
| 811 | + | as the ["Prevention and Recovery Services Fund" which shall be a 492 |
---|
| 812 | + | separate, nonlapsing fund] "Cannabis Prevention and Recovery Services 493 |
---|
| 813 | + | Fund". The fund shall contain any moneys required by law to be 494 |
---|
| 814 | + | deposited in the fund and shall be held by the Treasurer separate and 495 |
---|
| 815 | + | apart from all other moneys, funds and accounts. Amounts in the fund 496 |
---|
| 816 | + | may be expended only pursuant to appropriation by the General 497 |
---|
| 817 | + | Assembly. Any balance remaining in the fund at the end of any fiscal 498 |
---|
| 818 | + | year shall be carried forward in the fund for the fiscal year next 499 |
---|
| 819 | + | succeeding. Moneys in the fund shall be appropriated for the purposes 500 |
---|
| 820 | + | of (1) substance abuse prevention, treatment and recovery services, and 501 |
---|
| 821 | + | (2) collection and analysis of data regarding substance use. [The Social 502 |
---|
| 822 | + | Equity Council may make recommendations to any relevant state 503 |
---|
| 823 | + | agency regarding expenditures to be made for the purposes set forth in 504 |
---|
| 824 | + | this subsection.] 505 |
---|
| 825 | + | Governor's Bill No. 6660 |
---|
| 826 | + | |
---|
| 827 | + | |
---|
| 828 | + | |
---|
| 829 | + | LCO No. 4030 22 of 165 |
---|
| 830 | + | |
---|
| 831 | + | Sec. 18. Subsection (i) of section 12-330ll of the general statutes is 506 |
---|
| 832 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 507 |
---|
| 833 | + | 2023): 508 |
---|
| 834 | + | (i) The tax received by the state under this section shall be deposited 509 |
---|
| 835 | + | as follows: 510 |
---|
| 836 | + | (1) For the fiscal years ending June 30, 2022, and June 30, 2023, in the 511 |
---|
| 837 | + | cannabis regulatory and investment account established under section 512 |
---|
| 838 | + | 21a-420f, as amended by this act; 513 |
---|
| 839 | + | (2) For the fiscal years ending June 30, 2024, June 30, 2025, and June 514 |
---|
| 840 | + | 30, 2026, sixty per cent of such tax received in the Cannabis Social Equity 515 |
---|
| 841 | + | and Innovation Fund established under section 21a-420f, as amended by 516 |
---|
| 842 | + | this act, twenty-five per cent of such tax received in the Cannabis 517 |
---|
| 843 | + | Prevention and Recovery Services Fund established under section 21a-518 |
---|
| 844 | + | 420f, as amended by this act, and fifteen per cent in the General Fund; 519 |
---|
| 845 | + | (3) For the fiscal years ending June 30, 2027, and June 30, 2028, sixty-520 |
---|
| 846 | + | five per cent of such tax received in the Cannabis Social Equity and 521 |
---|
| 847 | + | Innovation Fund established under section 21a-420f, as amended by this 522 |
---|
| 848 | + | act, twenty-five per cent of such tax received in the Cannabis Prevention 523 |
---|
| 849 | + | and Recovery Services Fund and ten per cent in the General Fund; and 524 |
---|
| 850 | + | (4) For the fiscal year ending June 30, 2029, and each fiscal year 525 |
---|
| 851 | + | thereafter, seventy-five per cent of such tax received in the Cannabis 526 |
---|
| 852 | + | Social Equity and Innovation Fund established under section 21a-420f, 527 |
---|
| 853 | + | as amended by this act, and twenty-five per cent of such tax received in 528 |
---|
| 854 | + | the Cannabis Prevention and Recovery Services Fund established under 529 |
---|
| 855 | + | section 21a-420f, as amended by this act. 530 |
---|
| 856 | + | Sec. 19. Subsection (e) of section 21a-420e of the general statutes is 531 |
---|
| 857 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 532 |
---|
| 858 | + | 2023): 533 |
---|
| 859 | + | (e) For the fiscal year ending June 30, 2023, and thereafter, fees 534 |
---|
| 860 | + | Governor's Bill No. 6660 |
---|
| 861 | + | |
---|
| 862 | + | |
---|
| 863 | + | |
---|
| 864 | + | LCO No. 4030 23 of 165 |
---|
| 865 | + | |
---|
| 866 | + | collected by the department under this section shall be paid to the State 535 |
---|
| 867 | + | Treasurer and credited to the General Fund, except that the fees 536 |
---|
| 868 | + | collected under subdivisions (12) and (13) of subsection (c) of this 537 |
---|
| 869 | + | section shall be deposited in the Cannabis Social Equity and Innovation 538 |
---|
| 870 | + | Fund established under section 21a-420f, as amended by this act. 539 |
---|
| 871 | + | Sec. 20. Subsection (a) of section 21a-420o of the general statutes is 540 |
---|
| 872 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 541 |
---|
| 873 | + | 2023): 542 |
---|
| 874 | + | (a) Thirty days after the Social Equity Council posts the criteria for 543 |
---|
| 875 | + | social equity applicants on its Internet web site, the department shall 544 |
---|
| 876 | + | open up a three-month application period for cultivators during which 545 |
---|
| 877 | + | a social equity applicant may apply to the department for a provisional 546 |
---|
| 878 | + | cultivator license and final license for a cultivation facility located in a 547 |
---|
| 879 | + | disproportionately impacted area without participating in a lottery or 548 |
---|
| 880 | + | request for proposals. Such application for a provisional license shall be 549 |
---|
| 881 | + | granted upon (1) verification by the Social Equity Council that the 550 |
---|
| 882 | + | applicant meets the criteria for a social equity applicant; (2) the applicant 551 |
---|
| 883 | + | submitting to and passing a criminal background check; and (3) 552 |
---|
| 884 | + | payment of a three-million-dollar fee to be deposited in the Cannabis 553 |
---|
| 885 | + | Social Equity and Innovation Fund established in section 21a-420f, as 554 |
---|
| 886 | + | amended by this act. Upon granting such provisional license, the 555 |
---|
| 887 | + | department shall notify the applicant of the project labor agreement 556 |
---|
| 888 | + | requirements of section 21a-421e. 557 |
---|
| 889 | + | Sec. 21. Section 4-72 of the general statutes is repealed and the 558 |
---|
| 890 | + | following is substituted in lieu thereof (Effective from passage): 559 |
---|
| 891 | + | (a) The budget document shall consist of the Governor's budget 560 |
---|
| 892 | + | message in which he or she shall set forth as follows: (1) The Governor's 561 |
---|
| 893 | + | program for meeting all the expenditure needs of the government for 562 |
---|
| 894 | + | each fiscal year of the biennium to which the budget relates, indicating 563 |
---|
| 895 | + | the classes of funds, general or special, from which such appropriations 564 |
---|
| 896 | + | are to be made and the means through which such expenditure shall be 565 |
---|
| 897 | + | Governor's Bill No. 6660 |
---|
| 898 | + | |
---|
| 899 | + | |
---|
| 900 | + | |
---|
| 901 | + | LCO No. 4030 24 of 165 |
---|
| 902 | + | |
---|
| 903 | + | financed; and (2) financial statements giving in summary form: (A) The 566 |
---|
| 904 | + | financial position of all major state operating funds, including revolving 567 |
---|
| 905 | + | funds at the end of the last-completed fiscal year in a form consistent 568 |
---|
| 906 | + | with accepted accounting practice. The Governor shall also set forth in 569 |
---|
| 907 | + | similar form the estimated position of each such fund at the end of the 570 |
---|
| 908 | + | year in progress and the estimated position of each such fund at the end 571 |
---|
| 909 | + | of each fiscal year of the biennium to which the budget relates if the 572 |
---|
| 910 | + | Governor's proposals are put into effect; (B) a statement showing as of 573 |
---|
| 911 | + | the close of the last-completed fiscal year, a year by year summary of all 574 |
---|
| 912 | + | outstanding general obligation and special tax obligation debt of the 575 |
---|
| 913 | + | state and a statement showing the yearly interest requirements on such 576 |
---|
| 914 | + | outstanding debt; (C) a summary of appropriations recommended for 577 |
---|
| 915 | + | each fiscal year of the biennium to which the budget relates for each 578 |
---|
| 916 | + | budgeted agency and for the state as a whole in comparison with actual 579 |
---|
| 917 | + | expenditures of the last-completed fiscal year and appropriations and 580 |
---|
| 918 | + | estimated expenditures for the year in progress; (D) for the biennium 581 |
---|
| 919 | + | commencing July 1, 1999, and each biennium thereafter, a summary of 582 |
---|
| 920 | + | estimated expenditures for certain fringe benefits for each fiscal year of 583 |
---|
| 921 | + | the biennium to which the budget relates for each budgeted agency; (E) 584 |
---|
| 922 | + | [a summary of permanent full-time positions setting forth the number 585 |
---|
| 923 | + | filled and the number vacant as of the end of the last-completed fiscal 586 |
---|
| 924 | + | year, the total number intended to be funded by appropriations without 587 |
---|
| 925 | + | reduction for turnover for the fiscal year in progress, the total number 588 |
---|
| 926 | + | requested and the total number recommended for each fiscal year of the 589 |
---|
| 927 | + | biennium to which the budget relates; (F)] a statement of expenditures 590 |
---|
| 928 | + | for the last-completed and current fiscal years, the agency request and 591 |
---|
| 929 | + | the Governor's recommendation for each fiscal year of the ensuing 592 |
---|
| 930 | + | biennium and, for any new or expanded program, estimated 593 |
---|
| 931 | + | expenditure requirements for the fiscal year next succeeding the 594 |
---|
| 932 | + | biennium to which the budget relates; [(G)] (F) an explanation of any 595 |
---|
| 933 | + | significant program changes requested by the agency or recommended 596 |
---|
| 934 | + | by the Governor; [(H)] (G) a summary of the revenue estimated to be 597 |
---|
| 935 | + | received by the state during each fiscal year of the biennium to which 598 |
---|
| 936 | + | the budget relates classified according to sources in comparison with the 599 |
---|
| 937 | + | Governor's Bill No. 6660 |
---|
| 938 | + | |
---|
| 939 | + | |
---|
| 940 | + | |
---|
| 941 | + | LCO No. 4030 25 of 165 |
---|
| 942 | + | |
---|
| 943 | + | actual revenue received by the state during the last-completed fiscal 600 |
---|
| 944 | + | year and estimated revenue during the year in progress; and [(I)] (H) 601 |
---|
| 945 | + | such other financial statements, data and comments as in the Governor's 602 |
---|
| 946 | + | opinion are necessary or desirable in order to make known in all 603 |
---|
| 947 | + | practicable detail the financial condition and operations of the 604 |
---|
| 948 | + | government and the effect that the budget as proposed by the Governor 605 |
---|
| 949 | + | will have on such condition and operations. 606 |
---|
| 950 | + | (b) If the estimated revenue of the state for the ensuing biennium as 607 |
---|
| 951 | + | set forth in the budget on the basis of existing statutes is less than the 608 |
---|
| 952 | + | sum of net appropriations recommended for the ensuing biennium as 609 |
---|
| 953 | + | contained in the budget, plus, for the fiscal year ending June 30, 2014, 610 |
---|
| 954 | + | and each fiscal year thereafter, the projected amount necessary to 611 |
---|
| 955 | + | extinguish any unreserved negative balance in such fund as reported in 612 |
---|
| 956 | + | the most recently audited comprehensive annual financial report issued 613 |
---|
| 957 | + | by the Comptroller prior to the start of the biennium, the Governor shall 614 |
---|
| 958 | + | make recommendations to the General Assembly in respect to the 615 |
---|
| 959 | + | manner in which such deficit shall be met, whether by an increase in the 616 |
---|
| 960 | + | indebtedness of the state, by the imposition of new taxes, by increased 617 |
---|
| 961 | + | rates on existing taxes or otherwise. If the aggregate of such estimated 618 |
---|
| 962 | + | revenue is greater than the sum of such recommended appropriations 619 |
---|
| 963 | + | for the ensuing biennium plus, for the fiscal year ending June 30, 2014, 620 |
---|
| 964 | + | and each fiscal year thereafter, the projected amount necessary to 621 |
---|
| 965 | + | extinguish any unreserved negative balance in such fund as reported in 622 |
---|
| 966 | + | the most recently issued annual report of the Comptroller published in 623 |
---|
| 967 | + | accordance with section 3-115, the Governor shall make such 624 |
---|
| 968 | + | recommendations for the use of such surplus for the reduction of 625 |
---|
| 969 | + | indebtedness, for the reduction in taxation or for other purposes as in 626 |
---|
| 970 | + | the Governor's opinion are in the best interest of the public welfare. 627 |
---|
| 971 | + | Sec. 22. Section 4-73 of the general statutes is repealed and the 628 |
---|
| 972 | + | following is substituted in lieu thereof (Effective from passage): 629 |
---|
| 973 | + | (a) The budget document shall present in detail for each fiscal year of 630 |
---|
| 974 | + | the ensuing biennium the Governor's recommendation for 631 |
---|
| 975 | + | Governor's Bill No. 6660 |
---|
| 976 | + | |
---|
| 977 | + | |
---|
| 978 | + | |
---|
| 979 | + | LCO No. 4030 26 of 165 |
---|
| 980 | + | |
---|
| 981 | + | appropriations to meet the expenditure needs of the state from the 632 |
---|
| 982 | + | General Fund and from all special and agency funds classified by 633 |
---|
| 983 | + | budgeted agencies and showing for each budgeted agency and its 634 |
---|
| 984 | + | subdivisions [: (1) A] a narrative summary describing the agency, the 635 |
---|
| 985 | + | Governor's recommendations for appropriations for the agency, and a 636 |
---|
| 986 | + | list of agency programs, the actual expenditure for the last-completed 637 |
---|
| 987 | + | fiscal year, the estimated expenditure for the current fiscal year, the 638 |
---|
| 988 | + | amount requested by the agency and the Governor's recommendations 639 |
---|
| 989 | + | for appropriations for each fiscal year of the ensuing biennium. [; (2) a 640 |
---|
| 990 | + | summary of permanent full-time positions by fund, setting forth the 641 |
---|
| 991 | + | number filled and the number vacant as of the end of the last-completed 642 |
---|
| 992 | + | fiscal year, the total number intended to be funded by appropriations 643 |
---|
| 993 | + | without reduction for turnover for the fiscal year in progress, the total 644 |
---|
| 994 | + | number requested and the total number recommended for each fiscal 645 |
---|
| 995 | + | year of the biennium to which the budget relates.] 646 |
---|
| 996 | + | [(b) In addition, programs shall be supported by: (1) The statutory 647 |
---|
| 997 | + | authorization for the program; (2) a statement of program objectives; (3) 648 |
---|
| 998 | + | a description of the program, including a statement of need, eligibility 649 |
---|
| 999 | + | requirements and any intergovernmental participation in the program; 650 |
---|
| 1000 | + | (4) a statement of performance measures by which the accomplishments 651 |
---|
| 1001 | + | toward the program objectives can be assessed, which shall include, but 652 |
---|
| 1002 | + | not be limited to, an analysis of the workload, quality or level of service 653 |
---|
| 1003 | + | and effectiveness of the program; (5) program budget data broken down 654 |
---|
| 1004 | + | by major object of expenditure, showing additional federal and private 655 |
---|
| 1005 | + | funds; (6) a summary of permanent full-time positions by fund, setting 656 |
---|
| 1006 | + | forth the number filled and the number vacant as of the end of the last-657 |
---|
| 1007 | + | completed fiscal year, the total number intended to be funded by 658 |
---|
| 1008 | + | appropriations without reduction for turnover for the fiscal year in 659 |
---|
| 1009 | + | progress, the total number requested and the total number 660 |
---|
| 1010 | + | recommended for each fiscal year of the biennium to which the budget 661 |
---|
| 1011 | + | relates; (7) a statement of expenditures for the last-completed and 662 |
---|
| 1012 | + | current fiscal years, the agency request and the Governor's 663 |
---|
| 1013 | + | recommendation for each fiscal year of the ensuing biennium and, for 664 |
---|
| 1014 | + | Governor's Bill No. 6660 |
---|
| 1015 | + | |
---|
| 1016 | + | |
---|
| 1017 | + | |
---|
| 1018 | + | LCO No. 4030 27 of 165 |
---|
| 1019 | + | |
---|
| 1020 | + | any new or expanded program, estimated expenditure requirements for 665 |
---|
| 1021 | + | the fiscal year next succeeding the biennium to which the budget relates; 666 |
---|
| 1022 | + | and (8) an explanation of any significant program changes requested by 667 |
---|
| 1023 | + | the agency or recommended by the Governor.] 668 |
---|
| 1024 | + | [(c)] (b) [There shall be a supporting schedule of total agency 669 |
---|
| 1025 | + | expenditures including a line-item, minor object breakdown of] The 670 |
---|
| 1026 | + | budget document shall include supporting information on personal 671 |
---|
| 1027 | + | services, [energy costs,] contractual services and commodities and a 672 |
---|
| 1028 | + | total of state aid grants and equipment, showing the actual expenditures 673 |
---|
| 1029 | + | for the last-completed fiscal year, estimated expenditures for the current 674 |
---|
| 1030 | + | fiscal year and requested and recommended appropriations for each 675 |
---|
| 1031 | + | fiscal year of the ensuing biennium. [, classified by objects according to 676 |
---|
| 1032 | + | a standard plan of classification.] 677 |
---|
| 1033 | + | [(d)] (c) All federal funds expended or anticipated for any purpose 678 |
---|
| 1034 | + | shall be accounted for in the budget. The budget document shall set 679 |
---|
| 1035 | + | forth a listing of federal programs, showing the actual expenditures for 680 |
---|
| 1036 | + | the last-completed fiscal year, estimated expenditures for the current 681 |
---|
| 1037 | + | fiscal year and anticipated funds available for expenditure for each fiscal 682 |
---|
| 1038 | + | year of the ensuing biennium. Such federal funds shall be classified by 683 |
---|
| 1039 | + | each budgeted agency but shall not include research grants made to 684 |
---|
| 1040 | + | educational institutions. 685 |
---|
| 1041 | + | [(e)] (d) The budget document shall also set forth the budget 686 |
---|
| 1042 | + | recommendations for the capital program, to be supported by 687 |
---|
| 1043 | + | statements listing the agency's requests and the Governor's 688 |
---|
| 1044 | + | recommendations with the statements required by section 4-78. 689 |
---|
| 1045 | + | [(f)] (e) The appropriations recommended for the legislative branch 690 |
---|
| 1046 | + | of the state government shall be the estimates of expenditure 691 |
---|
| 1047 | + | requirements transmitted to the Secretary of the Office of Policy and 692 |
---|
| 1048 | + | Management by the Joint Committee on Legislative Management 693 |
---|
| 1049 | + | pursuant to section 4-77 and the recommended adjustments and 694 |
---|
| 1050 | + | revisions of such estimates shall be the recommended adjustments and 695 |
---|
| 1051 | + | Governor's Bill No. 6660 |
---|
| 1052 | + | |
---|
| 1053 | + | |
---|
| 1054 | + | |
---|
| 1055 | + | LCO No. 4030 28 of 165 |
---|
| 1056 | + | |
---|
| 1057 | + | revisions, if any, transmitted by said committee pursuant to [said] 696 |
---|
| 1058 | + | section 4-77. 697 |
---|
| 1059 | + | [(g)] (f) (1) The appropriations recommended for the Judicial 698 |
---|
| 1060 | + | Department shall be the estimates of expenditure requirements 699 |
---|
| 1061 | + | transmitted to the Secretary of the Office of Policy and Management by 700 |
---|
| 1062 | + | the Chief Court Administrator pursuant to section 4-77 plus the 701 |
---|
| 1063 | + | estimates of expenditure requirements for the biennium transmitted by 702 |
---|
| 1064 | + | said administrator pursuant to section 51-47c, and the recommended 703 |
---|
| 1065 | + | adjustments and revisions of such estimates shall be the recommended 704 |
---|
| 1066 | + | adjustments and revisions, if any, transmitted by said administrator 705 |
---|
| 1067 | + | pursuant to section 4-77. 706 |
---|
| 1068 | + | (2) The appropriations recommended for the Division of Public 707 |
---|
| 1069 | + | Defender Services shall be the estimates of expenditure requirements 708 |
---|
| 1070 | + | transmitted to the Secretary of the Office of Policy and Management by 709 |
---|
| 1071 | + | the Chief Public Defender pursuant to section 4-77 and the 710 |
---|
| 1072 | + | recommended adjustments and revisions of such estimates shall be the 711 |
---|
| 1073 | + | recommended adjustments and revisions, if any, transmitted by said 712 |
---|
| 1074 | + | administrator pursuant to section 4-77. 713 |
---|
| 1075 | + | Sec. 23. Section 4-75 of the general statutes is repealed and the 714 |
---|
| 1076 | + | following is substituted in lieu thereof (Effective from passage): 715 |
---|
| 1077 | + | The Secretary of the Office of Policy and Management [,] shall 716 |
---|
| 1078 | + | compile the requested appropriations, the appropriations as 717 |
---|
| 1079 | + | recommended by the Governor, the Governor's budget message and 718 |
---|
| 1080 | + | other data as presented in the budget document and shall have such 719 |
---|
| 1081 | + | compiled document published and distributed in the same manner as 720 |
---|
| 1082 | + | public documents, except the secretary may publish such compiled 721 |
---|
| 1083 | + | document on the Internet web site of the Office of Policy and 722 |
---|
| 1084 | + | Management in lieu of publishing such document by any other method. 723 |
---|
| 1085 | + | Sec. 24. Section 51-47 of the general statutes is repealed and the 724 |
---|
| 1086 | + | following is substituted in lieu thereof (Effective July 1, 2023): 725 |
---|
| 1087 | + | Governor's Bill No. 6660 |
---|
| 1088 | + | |
---|
| 1089 | + | |
---|
| 1090 | + | |
---|
| 1091 | + | LCO No. 4030 29 of 165 |
---|
| 1092 | + | |
---|
| 1093 | + | (a) The judges of the Superior Court, judges of the Appellate Court 726 |
---|
| 1094 | + | and judges of the Supreme Court shall receive annually salaries as 727 |
---|
| 1095 | + | follows: 728 |
---|
| 1096 | + | [(1) On and after July 1, 2021, (A) the Chief Justice of the Supreme 729 |
---|
| 1097 | + | Court, two hundred fifteen thousand nine hundred fifteen dollars; (B) 730 |
---|
| 1098 | + | the Chief Court Administrator if a judge of the Supreme Court, 731 |
---|
| 1099 | + | Appellate Court or Superior Court, two hundred seven thousand four 732 |
---|
| 1100 | + | hundred eighty dollars; (C) each associate judge of the Supreme Court, 733 |
---|
| 1101 | + | one hundred ninety-nine thousand seven hundred eighty-one dollars; 734 |
---|
| 1102 | + | (D) the Chief Judge of the Appellate Court, one hundred ninety-seven 735 |
---|
| 1103 | + | thousand five hundred seventy-one dollars; (E) each judge of the 736 |
---|
| 1104 | + | Appellate Court, one hundred eighty-seven thousand six hundred 737 |
---|
| 1105 | + | sixty-three dollars; (F) the Deputy Chief Court Administrator if a judge 738 |
---|
| 1106 | + | of the Superior Court, one hundred eighty-four thousand two hundred 739 |
---|
| 1107 | + | nine dollars; (G) each judge of the Superior Court, one hundred eighty 740 |
---|
| 1108 | + | thousand four hundred sixty dollars.] 741 |
---|
| 1109 | + | [(2)] (1) On and after July 1, 2022, (A) the Chief Justice of the Supreme 742 |
---|
| 1110 | + | Court, two hundred twenty-six thousand seven hundred eleven dollars; 743 |
---|
| 1111 | + | (B) the Chief Court Administrator if a judge of the Supreme Court, 744 |
---|
| 1112 | + | Appellate Court or Superior Court, two hundred seventeen thousand 745 |
---|
| 1113 | + | eight hundred fifty-four dollars; (C) each associate judge of the Supreme 746 |
---|
| 1114 | + | Court, two hundred nine thousand seven hundred seventy dollars; (D) 747 |
---|
| 1115 | + | the Chief Judge of the Appellate Court, two hundred seven thousand 748 |
---|
| 1116 | + | four hundred fifty dollars; (E) each judge of the Appellate Court, one 749 |
---|
| 1117 | + | hundred ninety-seven thousand forty-six dollars; (F) the Deputy Chief 750 |
---|
| 1118 | + | Court Administrator if a judge of the Superior Court, one hundred 751 |
---|
| 1119 | + | ninety-three thousand four hundred twenty dollars; and (G) each judge 752 |
---|
| 1120 | + | of the Superior Court, one hundred eighty-nine thousand four hundred 753 |
---|
| 1121 | + | eighty-three dollars. 754 |
---|
| 1122 | + | (2) On and after July 1, 2023, (A) the Chief Justice of the Supreme 755 |
---|
| 1123 | + | Court, two hundred thirty-nine thousand one hundred eighty dollars; 756 |
---|
| 1124 | + | (B) the Chief Court Administrator if a judge of the Supreme Court, 757 |
---|
| 1125 | + | Governor's Bill No. 6660 |
---|
| 1126 | + | |
---|
| 1127 | + | |
---|
| 1128 | + | |
---|
| 1129 | + | LCO No. 4030 30 of 165 |
---|
| 1130 | + | |
---|
| 1131 | + | Appellate Court or Superior Court, two hundred twenty-nine thousand 758 |
---|
| 1132 | + | eight hundred thirty-six dollars; (C) each associate judge of the Supreme 759 |
---|
| 1133 | + | Court, two hundred twenty-one thousand three hundred seven dollars; 760 |
---|
| 1134 | + | (D) the Chief Judge of the Appellate Court, two hundred eighteen 761 |
---|
| 1135 | + | thousand eight hundred sixty dollars; (E) each judge of the Appellate 762 |
---|
| 1136 | + | Court, two hundred seven thousand eight hundred eighty-four dollars; 763 |
---|
| 1137 | + | (F) the Deputy Chief Court Administrator if a judge of the Superior 764 |
---|
| 1138 | + | Court, two hundred four thousand fifty-eight dollars; and (G) each 765 |
---|
| 1139 | + | judge of the Superior Court, one hundred ninety-nine thousand nine 766 |
---|
| 1140 | + | hundred five dollars. 767 |
---|
| 1141 | + | (3) On and after July 1, 2024, (A) the Chief Justice of the Supreme 768 |
---|
| 1142 | + | Court, two hundred forty-eight thousand seven hundred forty-seven 769 |
---|
| 1143 | + | dollars; (B) the Chief Court Administrator if a judge of the Supreme 770 |
---|
| 1144 | + | Court, Appellate Court or Superior Court, two hundred thirty-nine 771 |
---|
| 1145 | + | thousand twenty-nine dollars; (C) each associate judge of the Supreme 772 |
---|
| 1146 | + | Court, two hundred thirty thousand one hundred fifty-nine dollars; (D) 773 |
---|
| 1147 | + | the Chief Judge of the Appellate Court, two hundred twenty-seven 774 |
---|
| 1148 | + | thousand six hundred fourteen dollars; (E) each judge of the Appellate 775 |
---|
| 1149 | + | Court, two hundred sixteen thousand one hundred ninety-nine dollars; 776 |
---|
| 1150 | + | (F) the Deputy Chief Court Administrator if a judge of the Superior 777 |
---|
| 1151 | + | Court, two hundred twelve thousand two hundred twenty dollars; and 778 |
---|
| 1152 | + | (G) each judge of the Superior Court, two hundred seven thousand nine 779 |
---|
| 1153 | + | hundred one dollars. 780 |
---|
| 1154 | + | [(b) (1) In addition to the salary such judge is entitled to receive under 781 |
---|
| 1155 | + | subsection (a) of this section, on and after July 1, 2021, a judge 782 |
---|
| 1156 | + | designated as the administrative judge of the appellate system shall 783 |
---|
| 1157 | + | receive one thousand two hundred thirty dollars in additional 784 |
---|
| 1158 | + | compensation, each Superior Court judge de signated as the 785 |
---|
| 1159 | + | administrative judge of a judicial district shall receive one thousand two 786 |
---|
| 1160 | + | hundred thirty dollars in additional compensation and each Superior 787 |
---|
| 1161 | + | Court judge designated as the chief administrative judge for facilities, 788 |
---|
| 1162 | + | administrative appeals, judicial marshal service or judge trial referees or 789 |
---|
| 1163 | + | for the Family, Juvenile, Criminal or Civil Division of the Superior Court 790 |
---|
| 1164 | + | Governor's Bill No. 6660 |
---|
| 1165 | + | |
---|
| 1166 | + | |
---|
| 1167 | + | |
---|
| 1168 | + | LCO No. 4030 31 of 165 |
---|
| 1169 | + | |
---|
| 1170 | + | shall receive one thousand two hundred thirty dollars in additional 791 |
---|
| 1171 | + | compensation.] 792 |
---|
| 1172 | + | [(2)] (b) (1) In addition to the salary such judge is entitled to receive 793 |
---|
| 1173 | + | under subsection (a) of this section, on and after July 1, 2022, a judge 794 |
---|
| 1174 | + | designated as the administrative judge of the appellate system shall 795 |
---|
| 1175 | + | receive one thousand two hundred ninety-two dollars in additional 796 |
---|
| 1176 | + | compensation, each Superior Court judge designated as the 797 |
---|
| 1177 | + | administrative judge of a judicial district shall receive one thousand two 798 |
---|
| 1178 | + | hundred ninety-two dollars in additional compensation and each 799 |
---|
| 1179 | + | Superior Court judge designated as the chief administrative judge for 800 |
---|
| 1180 | + | facilities, administrative appeals, judicial marshal service or judge trial 801 |
---|
| 1181 | + | referees or for the Family, Juvenile, Criminal or Civil Division of the 802 |
---|
| 1182 | + | Superior Court shall receive one thousand two hundred ninety-two 803 |
---|
| 1183 | + | dollars in additional compensation. 804 |
---|
| 1184 | + | (2) In addition to the salary such judge is entitled to receive under 805 |
---|
| 1185 | + | subsection (a) of this section, on and after July 1, 2023, a judge 806 |
---|
| 1186 | + | designated as the administrative judge of the appellate system shall 807 |
---|
| 1187 | + | receive one thousand three hundred sixty-three dollars in additional 808 |
---|
| 1188 | + | compensation, each Superior Court judge designated as the 809 |
---|
| 1189 | + | administrative judge of a judicial district shall receive one thousand 810 |
---|
| 1190 | + | three hundred sixty-three dollars in additional compensation and each 811 |
---|
| 1191 | + | Superior Court judge designated as the chief administrative judge for 812 |
---|
| 1192 | + | facilities, administrative appeals, judicial marshal service or judge trial 813 |
---|
| 1193 | + | referees or for the Family, Juvenile, Criminal or Civil Division of the 814 |
---|
| 1194 | + | Superior Court shall receive one thousand three hundred sixty-three 815 |
---|
| 1195 | + | dollars in additional compensation. 816 |
---|
| 1196 | + | (3) In addition to the salary such judge is entitled to receive under 817 |
---|
| 1197 | + | subsection (a) of this section, on and after July 1, 2024, a judge 818 |
---|
| 1198 | + | designated as the administrative judge of the appellate system shall 819 |
---|
| 1199 | + | receive one thousand four hundred eighteen dollars in additional 820 |
---|
| 1200 | + | compensation, each Superior Court judge designated as the 821 |
---|
| 1201 | + | administrative judge of a judicial district shall receive one thousand four 822 |
---|
| 1202 | + | Governor's Bill No. 6660 |
---|
| 1203 | + | |
---|
| 1204 | + | |
---|
| 1205 | + | |
---|
| 1206 | + | LCO No. 4030 32 of 165 |
---|
| 1207 | + | |
---|
| 1208 | + | hundred eighteen dollars in additional compensation and each Superior 823 |
---|
| 1209 | + | Court judge designated as the chief administrative judge for facilities, 824 |
---|
| 1210 | + | administrative appeals, judicial marshal service or judge trial referees or 825 |
---|
| 1211 | + | for the Family, Juvenile, Criminal or Civil Division of the Superior Court 826 |
---|
| 1212 | + | shall receive one thousand four hundred eighteen dollars in additional 827 |
---|
| 1213 | + | compensation. 828 |
---|
| 1214 | + | (c) Each such judge shall be an elector and a resident of this state, 829 |
---|
| 1215 | + | shall be a member of the bar of the state of Connecticut and shall not 830 |
---|
| 1216 | + | engage in private practice, nor on or after July 1, 1985, be a member of 831 |
---|
| 1217 | + | any board of directors or of any advisory board of any state bank and 832 |
---|
| 1218 | + | trust company, state bank or savings and loan association, national 833 |
---|
| 1219 | + | banking association or federal savings bank or savings and loan 834 |
---|
| 1220 | + | association. Nothing in this subsection shall preclude a senior judge 835 |
---|
| 1221 | + | from participating in any alternative dispute resolution program 836 |
---|
| 1222 | + | approved by STA-FED ADR, Inc. 837 |
---|
| 1223 | + | (d) Each such judge, excluding any senior judge, who has completed 838 |
---|
| 1224 | + | not less than ten years of service as a judge of either the Supreme Court, 839 |
---|
| 1225 | + | the Appellate Court, or the Superior Court, or of any combination of 840 |
---|
| 1226 | + | such courts, or of the Court of Common Pleas, the Juvenile Court or the 841 |
---|
| 1227 | + | Circuit Court, or other state service or service as an elected officer of the 842 |
---|
| 1228 | + | state, or any combination of such service, shall receive semiannual 843 |
---|
| 1229 | + | longevity payments based on service as a judge of any or all of such six 844 |
---|
| 1230 | + | courts, or other state service or service as an elected officer of the state, 845 |
---|
| 1231 | + | or any combination of such service, completed as of the first day of July 846 |
---|
| 1232 | + | and the first day of January of each year, as follows: 847 |
---|
| 1233 | + | (1) A judge who has completed ten or more years but less than fifteen 848 |
---|
| 1234 | + | years of service shall receive one-quarter of three per cent of the annual 849 |
---|
| 1235 | + | salary payable under subsection (a) of this section. 850 |
---|
| 1236 | + | (2) A judge who has completed fifteen or more years but less than 851 |
---|
| 1237 | + | twenty years of service shall receive one-half of three per cent of the 852 |
---|
| 1238 | + | annual salary payable under subsection (a) of this section. 853 |
---|
| 1239 | + | Governor's Bill No. 6660 |
---|
| 1240 | + | |
---|
| 1241 | + | |
---|
| 1242 | + | |
---|
| 1243 | + | LCO No. 4030 33 of 165 |
---|
| 1244 | + | |
---|
| 1245 | + | (3) A judge who has completed twenty or more years but less than 854 |
---|
| 1246 | + | twenty-five years of service shall receive three-quarters of three per cent 855 |
---|
| 1247 | + | of the annual salary payable under subsection (a) of this section. 856 |
---|
| 1248 | + | (4) A judge who has completed twenty-five or more years of service 857 |
---|
| 1249 | + | shall receive three per cent of the annual salary payable under 858 |
---|
| 1250 | + | subsection (a) of this section. 859 |
---|
| 1251 | + | Sec. 25. Subsection (f) of section 52-434 of the general statutes is 860 |
---|
| 1252 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 861 |
---|
| 1253 | + | 2023): 862 |
---|
| 1254 | + | (f) Each judge trial referee shall receive, for acting as a referee or as a 863 |
---|
| 1255 | + | single auditor or committee of any court or for performing duties 864 |
---|
| 1256 | + | assigned by the Chief Court Administrator with the approval of the 865 |
---|
| 1257 | + | Chief Justice, for each day the judge trial referee is so engaged, in 866 |
---|
| 1258 | + | addition to the retirement salary: (1) (A) [on and after July 1, 2021, the 867 |
---|
| 1259 | + | sum of two hundred seventy-one dollars, and (B)] on and after July 1, 868 |
---|
| 1260 | + | 2022, the sum of two hundred eighty-five dollars, (B) on and after July 869 |
---|
| 1261 | + | 1, 2023, the sum of three hundred one dollars, and (C) on and after July 870 |
---|
| 1262 | + | 1, 2024, the sum of three hundred thirteen dollars; and (2) expenses, 871 |
---|
| 1263 | + | including mileage. Such amounts shall be taxed by the court making the 872 |
---|
| 1264 | + | reference in the same manner as other court expenses. 873 |
---|
| 1265 | + | Sec. 26. Subsection (h) of section 46b-231 of the general statutes is 874 |
---|
| 1266 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 875 |
---|
| 1267 | + | 2023): 876 |
---|
| 1268 | + | [(h) (1) On and after July 1, 2021, the Chief Family Support Magistrate 877 |
---|
| 1269 | + | shall receive a salary of one hundred fifty-seven thousand seventy-eight 878 |
---|
| 1270 | + | dollars, and other family support magistrates shall receive an annual 879 |
---|
| 1271 | + | salary of one hundred forty-nine thousand four hundred ninety-eight 880 |
---|
| 1272 | + | dollars.] 881 |
---|
| 1273 | + | [(2)] (h) (1) On and after July 1, 2022, the Chief Family Support 882 |
---|
| 1274 | + | Magistrate shall receive a salary of one hundred sixty-four thousand 883 |
---|
| 1275 | + | Governor's Bill No. 6660 |
---|
| 1276 | + | |
---|
| 1277 | + | |
---|
| 1278 | + | |
---|
| 1279 | + | LCO No. 4030 34 of 165 |
---|
| 1280 | + | |
---|
| 1281 | + | nine hundred thirty-two dollars, and other family support magistrates 884 |
---|
| 1282 | + | shall receive an annual salary of one hundred fifty-six thousand nine 885 |
---|
| 1283 | + | hundred seventy-three dollars. 886 |
---|
| 1284 | + | (2) On and after July 1, 2023, the Chief Family Support Magistrate 887 |
---|
| 1285 | + | shall receive a salary of one hundred seventy-four thousand three 888 |
---|
| 1286 | + | dollars, and other family support magistrates shall receive an annual 889 |
---|
| 1287 | + | salary of one hundred sixty-five thousand six hundred seven dollars. 890 |
---|
| 1288 | + | (3) On and after July 1, 2024, the Chief Family Support Magistrate 891 |
---|
| 1289 | + | shall receive a salary of one hundred eighty thousand nine hundred 892 |
---|
| 1290 | + | sixty-three dollars, and other family support magistrates shall receive 893 |
---|
| 1291 | + | an annual salary of one hundred seventy-two thousand two hundred 894 |
---|
| 1292 | + | thirty-one dollars. 895 |
---|
| 1293 | + | Sec. 27. Subsection (b) of section 46b-236 of the general statutes is 896 |
---|
| 1294 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 897 |
---|
| 1295 | + | 2023): 898 |
---|
| 1296 | + | [(b) (1) On and after July 1, 2021, each family support referee shall 899 |
---|
| 1297 | + | receive, for acting as a family support referee, in addition to the 900 |
---|
| 1298 | + | retirement salary, the sum of two hundred thirty-three dollars and 901 |
---|
| 1299 | + | expenses, including mileage, for each day a family support referee is so 902 |
---|
| 1300 | + | engaged.] 903 |
---|
| 1301 | + | [(2)] (b) (1) On and after July 1, 2022, each family support referee shall 904 |
---|
| 1302 | + | receive, for acting as a family support referee, in addition to the 905 |
---|
| 1303 | + | retirement salary, the sum of two hundred forty-five dollars and 906 |
---|
| 1304 | + | expenses, including mileage, for each day a family support referee is so 907 |
---|
| 1305 | + | engaged. 908 |
---|
| 1306 | + | (2) On and after July 1, 2023, each family support referee shall receive, 909 |
---|
| 1307 | + | for acting as a family support referee, in addition to the retirement 910 |
---|
| 1308 | + | salary, the sum of two hundred fifty-eight dollars and expenses, 911 |
---|
| 1309 | + | including mileage, for each day a family support referee is so engaged. 912 |
---|
| 1310 | + | Governor's Bill No. 6660 |
---|
| 1311 | + | |
---|
| 1312 | + | |
---|
| 1313 | + | |
---|
| 1314 | + | LCO No. 4030 35 of 165 |
---|
| 1315 | + | |
---|
| 1316 | + | (3) On and after July 1, 2024, each family support referee shall receive, 913 |
---|
| 1317 | + | for acting as a family support referee, in addition to the retirement 914 |
---|
| 1318 | + | salary, the sum of two hundred sixty-eight dollars and expenses, 915 |
---|
| 1319 | + | including mileage, for each day a family support referee is so engaged. 916 |
---|
| 1320 | + | Sec. 28. Section 10-287c of the general statutes is repealed and the 917 |
---|
| 1321 | + | following is substituted in lieu thereof (Effective July 1, 2023): 918 |
---|
| 1322 | + | (a) The [State Board of Education] Commissioner of Administrative 919 |
---|
| 1323 | + | Services is authorized to prescribe such rules and regulations as may be 920 |
---|
| 1324 | + | necessary to implement the provisions of this chapter, provided any 921 |
---|
| 1325 | + | rules or regulations to implement the provisions of sections 10-283, as 922 |
---|
| 1326 | + | amended by this act, 10-287, 10-287a, 10-292d and subsection (d) of 923 |
---|
| 1327 | + | section 10-292m shall be prescribed in consultation with the Secretary of 924 |
---|
| 1328 | + | the Office of Policy and Management. Whenever the Commissioner of 925 |
---|
| 1329 | + | Education has made a commitment for a grant on or before June 30, 926 |
---|
| 1330 | + | 2011, prior to the completion of a project as provided in section 10-287a, 927 |
---|
| 1331 | + | and said commissioner has made advances thereon as provided in said 928 |
---|
| 1332 | + | section, any such regulations prescribed in accordance with this section 929 |
---|
| 1333 | + | which were in effect at the time of such commitment and advances shall 930 |
---|
| 1334 | + | be applicable to any additional commitment and subsequent advances 931 |
---|
| 1335 | + | with respect to such project. 932 |
---|
| 1336 | + | (b) Not later than June 30, 2013, the Commissioner of Administrative 933 |
---|
| 1337 | + | Services, in consultation with the Commissioner of Education, shall 934 |
---|
| 1338 | + | adopt regulations in accordance with the provisions of chapter 54 in 935 |
---|
| 1339 | + | order to implement the provisions of this chapter. Such regulations shall 936 |
---|
| 1340 | + | apply to any project for which a grant application is filed with the 937 |
---|
| 1341 | + | Department of Education on or after July 1, 2013. 938 |
---|
| 1342 | + | (c) (1) Not later than June 30, 2024, the Commissioner of 939 |
---|
| 1343 | + | Administrative Services, in consultation with the Commissioner of 940 |
---|
| 1344 | + | Education, shall adopt regulations in accordance with the provisions of 941 |
---|
| 1345 | + | chapter 54 to establish (A) the maximum allowable cost per square foot 942 |
---|
| 1346 | + | for the construction of any school building project, and (B) that any costs 943 |
---|
| 1347 | + | Governor's Bill No. 6660 |
---|
| 1348 | + | |
---|
| 1349 | + | |
---|
| 1350 | + | |
---|
| 1351 | + | LCO No. 4030 36 of 165 |
---|
| 1352 | + | |
---|
| 1353 | + | that exceed the maximum allowable cost per square foot shall be 944 |
---|
| 1354 | + | deemed ineligible costs. 945 |
---|
| 1355 | + | (2) Notwithstanding the provisions of sections 4-168 to 4-172, 946 |
---|
| 1356 | + | inclusive, in order to effectuate the provisions of this subsection, prior 947 |
---|
| 1357 | + | to adopting such regulations and not later than October 1, 2023, the 948 |
---|
| 1358 | + | commissioner shall issue policies and procedures to implement the 949 |
---|
| 1359 | + | provisions of this subsection that shall have the force and effect of law. 950 |
---|
| 1360 | + | The commissioner shall post all policies and procedures on the 951 |
---|
| 1361 | + | department's Internet web site and submit such policies and procedures 952 |
---|
| 1362 | + | to the Secretary of the State for posting on the eRegulations System at 953 |
---|
| 1363 | + | least fifteen days prior to the effective date of any policy or procedure. 954 |
---|
| 1364 | + | Any such policy or procedure shall no longer be effective upon the 955 |
---|
| 1365 | + | earlier of either the adoption of the policy or procedure as a final 956 |
---|
| 1366 | + | regulation under section 4-172 or July 1, 2025, if such regulations have 957 |
---|
| 1367 | + | not been submitted to the legislative regulation review committee for 958 |
---|
| 1368 | + | consideration under section 4-170. 959 |
---|
| 1369 | + | Sec. 29. Subdivision (2) of subsection (a) of section 10-283 of the 960 |
---|
| 1370 | + | general statutes is repealed and the following is substituted in lieu 961 |
---|
| 1371 | + | thereof (Effective July 1, 2023): 962 |
---|
| 1372 | + | (2) (A) The Commissioner of Administrative Services shall assign 963 |
---|
| 1373 | + | each school building project to a category on the basis of whether such 964 |
---|
| 1374 | + | project is primarily required to: [(A)] (i) Create new facilities or alter 965 |
---|
| 1375 | + | existing facilities to provide for mandatory instructional programs 966 |
---|
| 1376 | + | pursuant to this chapter, for physical education facilities in compliance 967 |
---|
| 1377 | + | with Title IX of the Elementary and Secondary Education Act of 1972 968 |
---|
| 1378 | + | where such programs or such compliance cannot be provided within 969 |
---|
| 1379 | + | existing facilities or for the correction of code violations which cannot 970 |
---|
| 1380 | + | be reasonably addressed within existing program space; [(B)] (ii) create 971 |
---|
| 1381 | + | new facilities or alter existing facilities to enhance mandatory 972 |
---|
| 1382 | + | instructional programs pursuant to this chapter or provide comparable 973 |
---|
| 1383 | + | facilities among schools to all students at the same grade level or levels 974 |
---|
| 1384 | + | within the school district unless such project is otherwise explicitly 975 |
---|
| 1385 | + | Governor's Bill No. 6660 |
---|
| 1386 | + | |
---|
| 1387 | + | |
---|
| 1388 | + | |
---|
| 1389 | + | LCO No. 4030 37 of 165 |
---|
| 1390 | + | |
---|
| 1391 | + | included in another category pursuant to this section; and [(C)] (iii) 976 |
---|
| 1392 | + | create new facilities or alter existing facilities to provide supportive 977 |
---|
| 1393 | + | services, provided in no event shall such supportive services include 978 |
---|
| 1394 | + | swimming pools, auditoriums, outdoor athletic facilities, tennis courts, 979 |
---|
| 1395 | + | elementary school playgrounds, site improvement or garages or 980 |
---|
| 1396 | + | storage, parking or general recreation areas. 981 |
---|
| 1397 | + | (B) All applications submitted prior to July first shall be reviewed 982 |
---|
| 1398 | + | promptly by the Commissioner of Administrative Services. The 983 |
---|
| 1399 | + | Commissioner of Administrative Services shall estimate the amount of 984 |
---|
| 1400 | + | the grant for which such project is eligible, in accordance with the 985 |
---|
| 1401 | + | provisions of section 10-285a, provided an application for a school 986 |
---|
| 1402 | + | building project determined by the Commissioner of Education to be a 987 |
---|
| 1403 | + | project that will assist the state in meeting its obligations pursuant to the 988 |
---|
| 1404 | + | decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation 989 |
---|
| 1405 | + | or order in effect, as determined by the Commissioner of Education, 990 |
---|
| 1406 | + | shall have until September first to submit an application for such a 991 |
---|
| 1407 | + | project and may have until December first of the same year to secure 992 |
---|
| 1408 | + | and report all local and state approvals required to complete the grant 993 |
---|
| 1409 | + | application. 994 |
---|
| 1410 | + | (C) The Commissioner of Administrative Services shall annually 995 |
---|
| 1411 | + | prepare a listing of all such eligible school building projects listed by 996 |
---|
| 1412 | + | category together with the amount of the estimated grants for such 997 |
---|
| 1413 | + | projects and shall submit the same to [the Governor,] the Secretary of 998 |
---|
| 1414 | + | the Office of Policy and Management [and the General Assembly] on or 999 |
---|
| 1415 | + | before the [fifteenth] first day of December. [, except as provided in 1000 |
---|
| 1416 | + | section 10-283a, with a request for authorization to enter into grant 1001 |
---|
| 1417 | + | commitments. On or before December thirty-first annually, the 1002 |
---|
| 1418 | + | Secretary of the Office of Policy and Management may submit 1003 |
---|
| 1419 | + | comments and recommendations regarding each eligible project on 1004 |
---|
| 1420 | + | such listing of eligible school building projects to the school construction 1005 |
---|
| 1421 | + | committee, established pursuant to section 10-283a.] 1006 |
---|
| 1422 | + | (D) The Secretary of the Office of Policy and Management shall 1007 |
---|
| 1423 | + | Governor's Bill No. 6660 |
---|
| 1424 | + | |
---|
| 1425 | + | |
---|
| 1426 | + | |
---|
| 1427 | + | LCO No. 4030 38 of 165 |
---|
| 1428 | + | |
---|
| 1429 | + | review the listing of eligible school building projects to determine 1008 |
---|
| 1430 | + | whether the total costs of all eligible projects can be accommodated by 1009 |
---|
| 1431 | + | the state's projected debt service expenditures, as estimated by the 1010 |
---|
| 1432 | + | Office of Policy and Management. Notwithstanding any provision of the 1011 |
---|
| 1433 | + | general statutes, the secretary may modify the listing based upon such 1012 |
---|
| 1434 | + | review and shall return the modified listing to the Commissioner of 1013 |
---|
| 1435 | + | Administrative Services before the fifteenth day of December. 1014 |
---|
| 1436 | + | (E) The Commissioner of Administrative Services shall submit such 1015 |
---|
| 1437 | + | listing to the Governor and the General Assembly on or before the 1016 |
---|
| 1438 | + | thirty-first day of December with a request for authorization to enter 1017 |
---|
| 1439 | + | into grant commitments. 1018 |
---|
| 1440 | + | (F) Each such listing submitted pursuant to subparagraph (E) of this 1019 |
---|
| 1441 | + | subdivision shall include a report on the following factors for each 1020 |
---|
| 1442 | + | eligible project: (i) An enrollment projection and the capacity of the 1021 |
---|
| 1443 | + | school, (ii) a substantiation of the estimated total project costs, (iii) the 1022 |
---|
| 1444 | + | readiness of such eligible project to begin construction, (iv) efforts made 1023 |
---|
| 1445 | + | by the local or regional board of education to redistrict, reconfigure, 1024 |
---|
| 1446 | + | merge or close schools under the jurisdiction of such board prior to 1025 |
---|
| 1447 | + | submitting an application under this section, (v) enrollment and 1026 |
---|
| 1448 | + | capacity information for all of the schools under the jurisdiction of such 1027 |
---|
| 1449 | + | board for the five years prior to application for a school building project 1028 |
---|
| 1450 | + | grant, (vi) enrollment projections and capacity information for all of the 1029 |
---|
| 1451 | + | schools under the jurisdiction of such board for the eight years following 1030 |
---|
| 1452 | + | the date such application is submitted, [and] (vii) the state's education 1031 |
---|
| 1453 | + | priorities relating to reducing racial and economic isolation for the 1032 |
---|
| 1454 | + | school district, and (viii) the estimated debt service costs associated with 1033 |
---|
| 1455 | + | such school building project. On and after July 1, 2022, each such listing 1034 |
---|
| 1456 | + | shall include an addendum that contains all grants approved pursuant 1035 |
---|
| 1457 | + | to subsection (b) of this section during the prior fiscal year. 1036 |
---|
| 1458 | + | (G) For the period beginning July 1, 2006, and ending June 30, 2012, 1037 |
---|
| 1459 | + | no project, other than a project for a technical education and career 1038 |
---|
| 1460 | + | school, may appear on the separate schedule of authorized projects 1039 |
---|
| 1461 | + | Governor's Bill No. 6660 |
---|
| 1462 | + | |
---|
| 1463 | + | |
---|
| 1464 | + | |
---|
| 1465 | + | LCO No. 4030 39 of 165 |
---|
| 1466 | + | |
---|
| 1467 | + | which have changed in cost more than twice. On and after July 1, 2012, 1040 |
---|
| 1468 | + | no project, other than a project for a technical education and career 1041 |
---|
| 1469 | + | school, may appear on the separate schedule of authorized projects 1042 |
---|
| 1470 | + | which have changed in cost more than once, except the Commissioner 1043 |
---|
| 1471 | + | of Administrative Services may allow a project to appear on such 1044 |
---|
| 1472 | + | separate schedule of authorized projects a second time if the town or 1045 |
---|
| 1473 | + | regional school district for such project can demonstrate that exigent 1046 |
---|
| 1474 | + | circumstances require such project to appear a second time on such 1047 |
---|
| 1475 | + | separate schedule of authorized projects. Notwithstanding any 1048 |
---|
| 1476 | + | provision of this chapter, no projects which have changed in scope or 1049 |
---|
| 1477 | + | cost to the degree determined by the Commissioner of Administrative 1050 |
---|
| 1478 | + | Services, in consultation with the Commissioner of Education, shall be 1051 |
---|
| 1479 | + | eligible for reimbursement under this chapter unless it appears on such 1052 |
---|
| 1480 | + | list. The percentage determined pursuant to section 10-285a at the time 1053 |
---|
| 1481 | + | a school building project on such schedule was originally authorized 1054 |
---|
| 1482 | + | shall be used for purposes of the grant for such project. On and after July 1055 |
---|
| 1483 | + | 1, 2006, a project that was not previously authorized as an interdistrict 1056 |
---|
| 1484 | + | magnet school shall not receive a higher percentage for reimbursement 1057 |
---|
| 1485 | + | than that determined pursuant to section 10-285a at the time a school 1058 |
---|
| 1486 | + | building project on such schedule was originally authorized. 1059 |
---|
| 1487 | + | (H) The General Assembly shall annually authorize the 1060 |
---|
| 1488 | + | Commissioner of Administrative Services to enter into grant 1061 |
---|
| 1489 | + | commitments on behalf of the state in accordance with the 1062 |
---|
| 1490 | + | commissioner's categorized listing for such projects as the General 1063 |
---|
| 1491 | + | Assembly shall determine. The Commissioner of Administrative 1064 |
---|
| 1492 | + | Services may not enter into any such grant commitments except 1065 |
---|
| 1493 | + | pursuant to such legislative authorization. 1066 |
---|
| 1494 | + | (I) Any regional school district which assumes the responsibility for 1067 |
---|
| 1495 | + | completion of a public school building project shall be eligible for a 1068 |
---|
| 1496 | + | grant pursuant to subdivision (5) or (6), as the case may be, of subsection 1069 |
---|
| 1497 | + | (a) of section 10-286 when such project is completed and accepted by 1070 |
---|
| 1498 | + | such regional school district. 1071 |
---|
| 1499 | + | Governor's Bill No. 6660 |
---|
| 1500 | + | |
---|
| 1501 | + | |
---|
| 1502 | + | |
---|
| 1503 | + | LCO No. 4030 40 of 165 |
---|
| 1504 | + | |
---|
| 1505 | + | Sec. 30. Section 3-22e of the general statutes is repealed and the 1072 |
---|
| 1506 | + | following is substituted in lieu thereof (Effective from passage): 1073 |
---|
| 1507 | + | (a) There is established a Connecticut Higher Education Trust 1074 |
---|
| 1508 | + | Advisory Committee which shall consist of the State Treasurer, the 1075 |
---|
| 1509 | + | [executive director of the Office] Commissioner of Higher Education, 1076 |
---|
| 1510 | + | the Secretary of the Office of Policy and Management and the 1077 |
---|
| 1511 | + | cochairpersons and ranking members of the joint standing committees 1078 |
---|
| 1512 | + | of the General Assembly having cognizance of matters relating to 1079 |
---|
| 1513 | + | education and finance, revenue and bonding, or their designees, and 1080 |
---|
| 1514 | + | one student financial aid officer and one finance officer at a public 1081 |
---|
| 1515 | + | institution of higher education in the state, each appointed by the Board 1082 |
---|
| 1516 | + | of Regents for Higher Education, and one student financial aid officer 1083 |
---|
| 1517 | + | and one finance officer at an independent institution of higher education 1084 |
---|
| 1518 | + | in the state, each appointed by the Connecticut Conference of 1085 |
---|
| 1519 | + | Independent Colleges. The advisory committee shall meet at least 1086 |
---|
| 1520 | + | annually. The State Treasurer shall convene the meetings of the 1087 |
---|
| 1521 | + | committee. 1088 |
---|
| 1522 | + | (b) Within six months from the date of the trust's annual report, the 1089 |
---|
| 1523 | + | State Treasurer and the [executive director of the Office] Commissioner 1090 |
---|
| 1524 | + | of Higher Education shall jointly report, in accordance with section 11-1091 |
---|
| 1525 | + | 4a, to the joint standing committees of the General Assembly having 1092 |
---|
| 1526 | + | cognizance of matters relating to education and finance, revenue and 1093 |
---|
| 1527 | + | bonding on an evaluation of the Connecticut Higher Education Trust 1094 |
---|
| 1528 | + | and recommendations, if any, for improvements in the program. 1095 |
---|
| 1529 | + | Sec. 31. Section 4-5 of the general statutes is repealed and the 1096 |
---|
| 1530 | + | following is substituted in lieu thereof (Effective from passage): 1097 |
---|
| 1531 | + | As used in sections 4-6, 4-7 and 4-8, the term "department head" 1098 |
---|
| 1532 | + | means Secretary of the Office of Policy and Management, Commissioner 1099 |
---|
| 1533 | + | of Administrative Services, Commissioner of Revenue Services, 1100 |
---|
| 1534 | + | Banking Commissioner, Commissioner of Children and Families, 1101 |
---|
| 1535 | + | Commissioner of Consumer Protection, Commissioner of Correction, 1102 |
---|
| 1536 | + | Governor's Bill No. 6660 |
---|
| 1537 | + | |
---|
| 1538 | + | |
---|
| 1539 | + | |
---|
| 1540 | + | LCO No. 4030 41 of 165 |
---|
| 1541 | + | |
---|
| 1542 | + | Commissioner of Economic and Community Development, State Board 1103 |
---|
| 1543 | + | of Education, Commissioner of Emergency Services and Public 1104 |
---|
| 1544 | + | Protection, Commissioner of Energy and Environmental Protection, 1105 |
---|
| 1545 | + | Commissioner of Agriculture, Commissioner of Public Health, 1106 |
---|
| 1546 | + | Insurance Commissioner, Labor Commissioner, Commissioner of 1107 |
---|
| 1547 | + | Mental Health and Addiction Services, Commissioner of Social Services, 1108 |
---|
| 1548 | + | Commissioner of Developmental Services, Commissioner of Motor 1109 |
---|
| 1549 | + | Vehicles, Commissioner of Transportation, Commissioner of Veterans 1110 |
---|
| 1550 | + | Affairs, Commissioner of Housing, Commissioner of Aging and 1111 |
---|
| 1551 | + | Disability Services, the Commissioner of Early Childhood, the executive 1112 |
---|
| 1552 | + | director of the Office of Health Strategy, the executive director of the 1113 |
---|
| 1553 | + | Office of Military Affairs, the executive director of the Technical 1114 |
---|
| 1554 | + | Education and Career System, the Chief Workforce Officer and the 1115 |
---|
| 1555 | + | [executive director of the Office] Commissioner of Higher Education. As 1116 |
---|
| 1556 | + | used in sections 4-6 and 4-7, "department head" also means the 1117 |
---|
| 1557 | + | Commissioner of Education. 1118 |
---|
| 1558 | + | Sec. 32. Subdivision (11) of subsection (c) of section 10-15j of the 1119 |
---|
| 1559 | + | general statutes is repealed and the following is substituted in lieu 1120 |
---|
| 1560 | + | thereof (Effective from passage): 1121 |
---|
| 1561 | + | (11) The [executive director of the Office] Commissioner of Higher 1122 |
---|
| 1562 | + | Education, or the [executive director's] commissioner's designee. 1123 |
---|
| 1563 | + | Sec. 33. Subsection (b) of section 10a-1d of the general statutes is 1124 |
---|
| 1564 | + | repealed and the following is substituted in lieu thereof (Effective from 1125 |
---|
| 1565 | + | passage): 1126 |
---|
| 1566 | + | (b) The Governor shall appoint [an executive director of the Office] a 1127 |
---|
| 1567 | + | Commissioner of Higher Education in accordance with the provisions 1128 |
---|
| 1568 | + | of sections 4-5 to 4-8, inclusive, as amended by this act. The [executive 1129 |
---|
| 1569 | + | director] commissioner shall have the responsibility for implementing 1130 |
---|
| 1570 | + | the policies and directives of the office. 1131 |
---|
| 1571 | + | Sec. 34. Subdivision (2) of subsection (a) of section 10a-11b of the 1132 |
---|
| 1572 | + | general statutes is repealed and the following is substituted in lieu 1133 |
---|
| 1573 | + | Governor's Bill No. 6660 |
---|
| 1574 | + | |
---|
| 1575 | + | |
---|
| 1576 | + | |
---|
| 1577 | + | LCO No. 4030 42 of 165 |
---|
| 1578 | + | |
---|
| 1579 | + | thereof (Effective from passage): 1134 |
---|
| 1580 | + | (2) The following persons shall serve as ex-officio nonvoting 1135 |
---|
| 1581 | + | members on the commission: (A) The Commissioner of Education, the 1136 |
---|
| 1582 | + | Commissioner of Economic and Community Development and the 1137 |
---|
| 1583 | + | Labor Commissioner, or their designees; (B) the president of the 1138 |
---|
| 1584 | + | Connecticut Conference of Independent Colleges, or the president's 1139 |
---|
| 1585 | + | designee; (C) a member of the State Board of Education, as designated 1140 |
---|
| 1586 | + | by the chairperson of the state board; (D) the superintendent of the 1141 |
---|
| 1587 | + | technical high school system, or the superintendent's designee; (E) the 1142 |
---|
| 1588 | + | chief executive officer of Connecticut Innovations, Incorporated, or the 1143 |
---|
| 1589 | + | chief executive officer's designee; (F) the [executive director of the 1144 |
---|
| 1590 | + | Office] Commissioner of Higher Education; (G) the chairpersons and 1145 |
---|
| 1591 | + | ranking members of the joint standing committee of the General 1146 |
---|
| 1592 | + | Assembly having cognizance of matters relating to higher education 1147 |
---|
| 1593 | + | and employment advancement; and (H) the Secretary of the Office of 1148 |
---|
| 1594 | + | Policy and Management, or the secretary's designee. 1149 |
---|
| 1595 | + | Sec. 35. Subsection (c) of section 10a-19e of the general statutes is 1150 |
---|
| 1596 | + | repealed and the following is substituted in lieu thereof (Effective from 1151 |
---|
| 1597 | + | passage): 1152 |
---|
| 1598 | + | (c) Persons who qualify under subsection (b) of this section shall be 1153 |
---|
| 1599 | + | reimbursed on an annual basis for qualifying student loan payments in 1154 |
---|
| 1600 | + | amounts as determined by the [executive director of the Office] 1155 |
---|
| 1601 | + | Commissioner of Higher Education. A person qualifying under 1156 |
---|
| 1602 | + | subsection (b) of this section shall only be reimbursed for loan payments 1157 |
---|
| 1603 | + | made while such person is employed in the state as an engineer. The 1158 |
---|
| 1604 | + | Office of Higher Education shall develop eligibility requirements for 1159 |
---|
| 1605 | + | recipients of such reimbursements. Such requirements may include 1160 |
---|
| 1606 | + | income guidelines. Persons may apply for grants to the Office of Higher 1161 |
---|
| 1607 | + | Education at such time and in such manner as the [executive director of 1162 |
---|
| 1608 | + | the Office] Commissioner of Higher Education prescribes. 1163 |
---|
| 1609 | + | Sec. 36. Subsection (c) of section 10a-19f of the general statutes is 1164 |
---|
| 1610 | + | Governor's Bill No. 6660 |
---|
| 1611 | + | |
---|
| 1612 | + | |
---|
| 1613 | + | |
---|
| 1614 | + | LCO No. 4030 43 of 165 |
---|
| 1615 | + | |
---|
| 1616 | + | repealed and the following is substituted in lieu thereof (Effective from 1165 |
---|
| 1617 | + | passage): 1166 |
---|
| 1618 | + | (c) Persons who qualify under subsection (b) of this section shall 1167 |
---|
| 1619 | + | receive reimbursement grants on an annual basis for qualifying student 1168 |
---|
| 1620 | + | loan payments in amounts as determined by the [executive director of 1169 |
---|
| 1621 | + | the Office] Commissioner of Higher Education. A person qualifying 1170 |
---|
| 1622 | + | under subsection (b) of this section shall only be reimbursed for loan 1171 |
---|
| 1623 | + | payments made while such person is employed in Connecticut by a 1172 |
---|
| 1624 | + | qualifying company or in research at an institution of higher education 1173 |
---|
| 1625 | + | in an economically valuable field. The Office of Higher Education shall 1174 |
---|
| 1626 | + | develop eligibility requirements for recipients of such reimbursement 1175 |
---|
| 1627 | + | grants in consultation with the Department of Economic and 1176 |
---|
| 1628 | + | Community Development. Such requirements may include income 1177 |
---|
| 1629 | + | guidelines. Persons may apply for grants to the Office of Higher 1178 |
---|
| 1630 | + | Education at such time and in such manner as the [executive director of 1179 |
---|
| 1631 | + | the Office] Commissioner of Higher Education prescribes. 1180 |
---|
| 1632 | + | Sec. 37. Subsection (b) of section 10a-19l of the general statutes is 1181 |
---|
| 1633 | + | repealed and the following is substituted in lieu thereof (Effective from 1182 |
---|
| 1634 | + | passage): 1183 |
---|
| 1635 | + | (b) The [executive director of the Office] Commissioner of Higher 1184 |
---|
| 1636 | + | Education shall (1) develop, in consultation with the Department of 1185 |
---|
| 1637 | + | Public Health, eligibility requirements for recipients of such loan 1186 |
---|
| 1638 | + | reimbursement grants, which requirements may include, but need not 1187 |
---|
| 1639 | + | be limited to, income guidelines, and (2) award at least twenty per cent 1188 |
---|
| 1640 | + | of such loan reimbursement grants to graduates of a regional 1189 |
---|
| 1641 | + | community-technical college. The [executive director] commissioner 1190 |
---|
| 1642 | + | shall consider health care workforce shortage areas when developing 1191 |
---|
| 1643 | + | such eligibility requirements. A person who qualifies for a loan 1192 |
---|
| 1644 | + | reimbursement grant shall be reimbursed on an annual basis for 1193 |
---|
| 1645 | + | qualifying student loan payments in amounts determined by the 1194 |
---|
| 1646 | + | [executive director] commissioner. A health care provider shall only be 1195 |
---|
| 1647 | + | reimbursed for loan payments made while such person is employed 1196 |
---|
| 1648 | + | Governor's Bill No. 6660 |
---|
| 1649 | + | |
---|
| 1650 | + | |
---|
| 1651 | + | |
---|
| 1652 | + | LCO No. 4030 44 of 165 |
---|
| 1653 | + | |
---|
| 1654 | + | full-time in the state as a health care provider. Persons may apply for 1197 |
---|
| 1655 | + | loan reimbursement grants to the Office of Higher Education at such 1198 |
---|
| 1656 | + | time and in such manner as the [executive director] commissioner 1199 |
---|
| 1657 | + | prescribes. 1200 |
---|
| 1658 | + | Sec. 38. Subdivisions (3) and (4) of section 10a-22a of the general 1201 |
---|
| 1659 | + | statutes are repealed and the following is substituted in lieu thereof 1202 |
---|
| 1660 | + | (Effective from passage): 1203 |
---|
| 1661 | + | (3) "Branch" means a subdivision of a school (A) located at a different 1204 |
---|
| 1662 | + | facility and geographical site from the school, except for a site that is an 1205 |
---|
| 1663 | + | additional classroom site as determined by the [executive director] 1206 |
---|
| 1664 | + | commissioner, or the [executive director's] commissioner's designee, 1207 |
---|
| 1665 | + | and (B) that (i) offers one or more complete programs leading to a 1208 |
---|
| 1666 | + | diploma or certificate; (ii) operates under the school's certificate of 1209 |
---|
| 1667 | + | operation; (iii) meets the same conditions of authorization as the school; 1210 |
---|
| 1668 | + | and (iv) exercises administrative control and is responsible for its own 1211 |
---|
| 1669 | + | academic affairs; 1212 |
---|
| 1670 | + | (4) ["Executive director"] "Commissioner" means the [executive 1213 |
---|
| 1671 | + | director of the Office] Commissioner of Higher Education; and 1214 |
---|
| 1672 | + | Sec. 39. Section 10a-22b of the general statutes is repealed and the 1215 |
---|
| 1673 | + | following is substituted in lieu thereof (Effective from passage): 1216 |
---|
| 1674 | + | (a) No person, board, association, partnership, corporation, limited 1217 |
---|
| 1675 | + | liability company or other entity shall offer instruction in any form or 1218 |
---|
| 1676 | + | manner in any trade or in any industrial, commercial, service, 1219 |
---|
| 1677 | + | professional or other occupation unless such person, board, association, 1220 |
---|
| 1678 | + | partnership, corporation, limited liability company or other entity first 1221 |
---|
| 1679 | + | receives from the [executive director] commissioner a certificate 1222 |
---|
| 1680 | + | authorizing the occupational instruction to be offered. 1223 |
---|
| 1681 | + | (b) Except for initial authorizations, the [executive director] 1224 |
---|
| 1682 | + | commissioner may accept institutional accreditation by an accrediting 1225 |
---|
| 1683 | + | agency recognized by the United States Department of Education, in 1226 |
---|
| 1684 | + | Governor's Bill No. 6660 |
---|
| 1685 | + | |
---|
| 1686 | + | |
---|
| 1687 | + | |
---|
| 1688 | + | LCO No. 4030 45 of 165 |
---|
| 1689 | + | |
---|
| 1690 | + | satisfaction of the requirements of this section and section 10a-22d, as 1227 |
---|
| 1691 | + | amended by this act, including the evaluation and attendance 1228 |
---|
| 1692 | + | requirement. Except for initial authorizations, the [executive director] 1229 |
---|
| 1693 | + | commissioner may accept programmatic accreditation in satisfaction of 1230 |
---|
| 1694 | + | the requirements of this section and section 10a-22d, as amended by this 1231 |
---|
| 1695 | + | act, with regard to instruction offered by a hospital unless the [executive 1232 |
---|
| 1696 | + | director] commissioner finds reasonable cause not to rely upon such 1233 |
---|
| 1697 | + | accreditation. 1234 |
---|
| 1698 | + | (c) Each person, board, association, partnership, corporation, limited 1235 |
---|
| 1699 | + | liability company or other entity which seeks to offer occupational 1236 |
---|
| 1700 | + | instruction shall submit to the [executive director] commissioner, or the 1237 |
---|
| 1701 | + | [executive director's] commissioner's designee, in such manner and on 1238 |
---|
| 1702 | + | such forms as the [executive director] commissioner, or the [executive 1239 |
---|
| 1703 | + | director's] commissioner's designee, prescribes, an application for a 1240 |
---|
| 1704 | + | certificate of authorization. Each application for initial authorization 1241 |
---|
| 1705 | + | shall be accompanied by a nonrefundable application fee made payable 1242 |
---|
| 1706 | + | to the private career school student protection account. Such application 1243 |
---|
| 1707 | + | fee shall be in the amount of two thousand dollars for the private career 1244 |
---|
| 1708 | + | school and two hundred dollars for each branch of a private career 1245 |
---|
| 1709 | + | school in this state, except that, each application for initial authorization 1246 |
---|
| 1710 | + | submitted on and after the effective date of the regulations adopted 1247 |
---|
| 1711 | + | pursuant to section 10a-22k, shall be accompanied by a nonrefundable 1248 |
---|
| 1712 | + | application fee in the amount specified in such regulations. Any 1249 |
---|
| 1713 | + | application for initial authorization that remains incomplete six months 1250 |
---|
| 1714 | + | after the date such application was first submitted to the Office of 1251 |
---|
| 1715 | + | Higher Education shall expire and the office shall not approve such 1252 |
---|
| 1716 | + | expired application for authorization. 1253 |
---|
| 1717 | + | (d) Each person, board, association, partnership, corporation, limited 1254 |
---|
| 1718 | + | liability company or other entity seeking to offer occupational 1255 |
---|
| 1719 | + | instruction shall have a net worth consisting of sufficient liquid assets 1256 |
---|
| 1720 | + | or produce other evidence of fiscal soundness to demonstrate the ability 1257 |
---|
| 1721 | + | of the proposed private career school to operate, achieve all of its 1258 |
---|
| 1722 | + | objectives and meet all of its obligations, including those concerning 1259 |
---|
| 1723 | + | Governor's Bill No. 6660 |
---|
| 1724 | + | |
---|
| 1725 | + | |
---|
| 1726 | + | |
---|
| 1727 | + | LCO No. 4030 46 of 165 |
---|
| 1728 | + | |
---|
| 1729 | + | staff and students, during the period of time for which the authorization 1260 |
---|
| 1730 | + | is sought. 1261 |
---|
| 1731 | + | (e) Upon receipt of a complete application pursuant to subsection (c) 1262 |
---|
| 1732 | + | of this section, the [executive director] commissioner shall cause to be 1263 |
---|
| 1733 | + | conducted an evaluation of the applicant school. Not later than sixty 1264 |
---|
| 1734 | + | days (1) after receipt of a complete application for initial authorization, 1265 |
---|
| 1735 | + | or (2) prior to expiration of the authorization of a private career school 1266 |
---|
| 1736 | + | applying to renew its certificate of authorization pursuant to section 1267 |
---|
| 1737 | + | 10a-22d, as amended by this act, the [executive director] commissioner, 1268 |
---|
| 1738 | + | or the [executive director's] commissioner's designee, shall appoint an 1269 |
---|
| 1739 | + | evaluation team, pursuant to subsection (f) of this section, except that 1270 |
---|
| 1740 | + | on and after the effective date of the regulations adopted pursuant to 1271 |
---|
| 1741 | + | section 10a-22k, the evaluation team shall be appointed pursuant to such 1272 |
---|
| 1742 | + | regulations, to conduct such evaluation of the applicant school. The 1273 |
---|
| 1743 | + | evaluation team shall submit a written report to the [executive director] 1274 |
---|
| 1744 | + | commissioner recommending authorization or nonauthorization after 1275 |
---|
| 1745 | + | an on-site inspection. Not later than one hundred twenty days following 1276 |
---|
| 1746 | + | the completed appointment of the evaluation team, the [executive 1277 |
---|
| 1747 | + | director] commissioner shall notify the applicant school of authorization 1278 |
---|
| 1748 | + | or nonauthorization. The [executive director] commissioner may 1279 |
---|
| 1749 | + | consult with the Labor Department and may request the advice of any 1280 |
---|
| 1750 | + | other state agency which may be of assistance in making a 1281 |
---|
| 1751 | + | determination. In the event of nonauthorization, the [executive director] 1282 |
---|
| 1752 | + | commissioner shall set forth the reasons therefor in writing and the 1283 |
---|
| 1753 | + | applicant school may request in writing a hearing before the [executive 1284 |
---|
| 1754 | + | director] commissioner. Such hearing shall be held in accordance with 1285 |
---|
| 1755 | + | the provisions of chapter 54. 1286 |
---|
| 1756 | + | (f) For purposes of an evaluation of an applicant school, the 1287 |
---|
| 1757 | + | [executive director] commissioner, or the [executive director's] 1288 |
---|
| 1758 | + | commissioner's designee, shall appoint an evaluation team which shall 1289 |
---|
| 1759 | + | include (1) at least two members representing the Office of Higher 1290 |
---|
| 1760 | + | Education, and (2) at least one member for each of the areas of 1291 |
---|
| 1761 | + | occupational instruction for which authorization is sought who shall be 1292 |
---|
| 1762 | + | Governor's Bill No. 6660 |
---|
| 1763 | + | |
---|
| 1764 | + | |
---|
| 1765 | + | |
---|
| 1766 | + | LCO No. 4030 47 of 165 |
---|
| 1767 | + | |
---|
| 1768 | + | experienced in such occupation. The applicant school shall have the 1293 |
---|
| 1769 | + | right to challenge any proposed member of the evaluation team for good 1294 |
---|
| 1770 | + | cause shown. A written challenge shall be filed with the [executive 1295 |
---|
| 1771 | + | director] commissioner within ten business days following the 1296 |
---|
| 1772 | + | appointment of such evaluation team. In the event of a challenge, a 1297 |
---|
| 1773 | + | decision shall be made thereon by the [executive director] commissioner 1298 |
---|
| 1774 | + | within ten business days from the date such challenge is filed, and if the 1299 |
---|
| 1775 | + | challenge is upheld the [executive director] commissioner shall appoint 1300 |
---|
| 1776 | + | a replacement. Employees of the state or any political subdivision of the 1301 |
---|
| 1777 | + | state may be members of evaluation teams. The [executive director] 1302 |
---|
| 1778 | + | commissioner, or the [executive director's] commissioner's designee, 1303 |
---|
| 1779 | + | shall not appoint any person to an evaluation team unless the [executive 1304 |
---|
| 1780 | + | director] commissioner, or such designee, has received from such 1305 |
---|
| 1781 | + | person a statement that the person has no interest which is in conflict 1306 |
---|
| 1782 | + | with the proper discharge of the duties of evaluation team members as 1307 |
---|
| 1783 | + | described in this section. The statement shall be on a form prescribed by 1308 |
---|
| 1784 | + | the [executive director] commissioner and shall be signed under penalty 1309 |
---|
| 1785 | + | of false statement. Except for any member of the evaluation team who 1310 |
---|
| 1786 | + | is a state employee, members may be compensated for their service at 1311 |
---|
| 1787 | + | the discretion of the [executive director] commissioner and shall be 1312 |
---|
| 1788 | + | reimbursed for actual expenses, which expenses shall be charged to and 1313 |
---|
| 1789 | + | paid by the applicant school. 1314 |
---|
| 1790 | + | (g) The evaluation team appointed pursuant to subsection (f) of this 1315 |
---|
| 1791 | + | section shall: (1) Conduct an on-site inspection; (2) submit a written 1316 |
---|
| 1792 | + | report outlining any evidence of noncompliance; (3) give the school 1317 |
---|
| 1793 | + | thirty days from the date of the report to provide evidence of 1318 |
---|
| 1794 | + | compliance; and (4) submit to the [executive director] commissioner a 1319 |
---|
| 1795 | + | written report recommending authorization or nonauthorization not 1320 |
---|
| 1796 | + | later than one hundred twenty days after the on-site inspection. The 1321 |
---|
| 1797 | + | evaluation team shall determine whether (A) the quality and content of 1322 |
---|
| 1798 | + | each course or program of instruction, including, but not limited to, 1323 |
---|
| 1799 | + | residential, on-line, home study and correspondence, training or study 1324 |
---|
| 1800 | + | shall reasonably and adequately achieve the stated objective for which 1325 |
---|
| 1801 | + | Governor's Bill No. 6660 |
---|
| 1802 | + | |
---|
| 1803 | + | |
---|
| 1804 | + | |
---|
| 1805 | + | LCO No. 4030 48 of 165 |
---|
| 1806 | + | |
---|
| 1807 | + | such course or program is offered; (B) the school has adequate space, 1326 |
---|
| 1808 | + | equipment, instructional materials and personnel for the instruction 1327 |
---|
| 1809 | + | offered; (C) the qualifications of directors, administrators, supervisors 1328 |
---|
| 1810 | + | and instructors shall reasonably and adequately assure that students 1329 |
---|
| 1811 | + | receive education consistent with the stated objectives for which a 1330 |
---|
| 1812 | + | course or program is offered; (D) students and other interested persons 1331 |
---|
| 1813 | + | shall be provided with a catalog or similar publication describing the 1332 |
---|
| 1814 | + | courses and programs offered, course and program objectives, length of 1333 |
---|
| 1815 | + | courses and programs, schedule of tuition, fees and all other charges 1334 |
---|
| 1816 | + | and expenses necessary for completion of the course or program, and 1335 |
---|
| 1817 | + | termination, withdrawal and refund policies; (E) upon satisfactory 1336 |
---|
| 1818 | + | completion of the course or program, each student shall be provided 1337 |
---|
| 1819 | + | appropriate educational credentials by the school; (F) adequate records 1338 |
---|
| 1820 | + | shall be maintained by the school to show attendance and grades, or 1339 |
---|
| 1821 | + | other indicators of student progress, and standards shall be enforced 1340 |
---|
| 1822 | + | relating to attendance and student performance; (G) the applicant 1341 |
---|
| 1823 | + | school shall be financially sound and capable of fulfilling its 1342 |
---|
| 1824 | + | commitments to students; (H) any student housing owned, leased, 1343 |
---|
| 1825 | + | rented or otherwise maintained by the applicant school shall be safe and 1344 |
---|
| 1826 | + | adequate; and (I) the school and any branch of the school in this state 1345 |
---|
| 1827 | + | has a director located at the school or branch who is responsible for daily 1346 |
---|
| 1828 | + | oversight of the school's or branch's operations. The evaluation team 1347 |
---|
| 1829 | + | may also indicate in its report such recommendations as may improve 1348 |
---|
| 1830 | + | the operation of the applicant school. 1349 |
---|
| 1831 | + | Sec. 40. Section 10a-22c of the general statutes is repealed and the 1350 |
---|
| 1832 | + | following is substituted in lieu thereof (Effective from passage): 1351 |
---|
| 1833 | + | (a) No certificate to operate a private career school shall be authorized 1352 |
---|
| 1834 | + | by the [executive director] commissioner, or the [executive director's] 1353 |
---|
| 1835 | + | commissioner's designee, if (1) any principal, officer, member or 1354 |
---|
| 1836 | + | director of the applicant school has acted in a similar capacity for a 1355 |
---|
| 1837 | + | private career school which has had its authorization revoked pursuant 1356 |
---|
| 1838 | + | to section 10a-22f, as amended by this act; (2) the applicant school does 1357 |
---|
| 1839 | + | not have a net worth consisting of sufficient liquid assets or other 1358 |
---|
| 1840 | + | Governor's Bill No. 6660 |
---|
| 1841 | + | |
---|
| 1842 | + | |
---|
| 1843 | + | |
---|
| 1844 | + | LCO No. 4030 49 of 165 |
---|
| 1845 | + | |
---|
| 1846 | + | evidence of fiscal soundness to operate for the period of time for which 1359 |
---|
| 1847 | + | authorization is sought; (3) the applicant school or any of its agents 1360 |
---|
| 1848 | + | engages in advertising, sales, collection, credit or other practices which 1361 |
---|
| 1849 | + | are false, deceptive, misleading or unfair; (4) the applicant school has 1362 |
---|
| 1850 | + | any policy which discourages or prohibits the filing of inquiries or 1363 |
---|
| 1851 | + | complaints regarding the school's operation with the [executive 1364 |
---|
| 1852 | + | director] commissioner; (5) the applicant school fails to satisfactorily 1365 |
---|
| 1853 | + | meet the criteria set forth in subsection (g) of section 10a-22b, as 1366 |
---|
| 1854 | + | amended by this act, or, on and after the effective date of regulations 1367 |
---|
| 1855 | + | adopted pursuant to section 10a-22k, the criteria set forth in such 1368 |
---|
| 1856 | + | regulations; (6) a private career school that has previously closed fails to 1369 |
---|
| 1857 | + | follow the procedures for school closure under section 10a-22m, as 1370 |
---|
| 1858 | + | amended by this act; or (7) the applicant school does not have a director 1371 |
---|
| 1859 | + | located at the school and at each of its branches in this state. 1372 |
---|
| 1860 | + | (b) The [executive director] commissioner may deny a certificate of 1373 |
---|
| 1861 | + | authorization if the person who owns or intends to operate a private 1374 |
---|
| 1862 | + | career school has been convicted in this state, or any other state, of 1375 |
---|
| 1863 | + | larceny in violation of section 53a-122 or 53a-123; identity theft in 1376 |
---|
| 1864 | + | violation of section 53a-129b or 53a-129c; forgery in violation of section 1377 |
---|
| 1865 | + | 53a-138 or 53a-139; or has a criminal record in this state, or any other 1378 |
---|
| 1866 | + | state, that the [executive director] commissioner reasonably believes 1379 |
---|
| 1867 | + | renders the person unsuitable to own and operate a private career 1380 |
---|
| 1868 | + | school. A refusal of a certificate of authorization under this subsection 1381 |
---|
| 1869 | + | shall be made in accordance with the provisions of sections 46a-79 to 1382 |
---|
| 1870 | + | 46a-81, inclusive. 1383 |
---|
| 1871 | + | (c) No certificate to operate a private career school shall be issued by 1384 |
---|
| 1872 | + | the [executive director] commissioner pursuant to section 10a-22d, as 1385 |
---|
| 1873 | + | amended by this act, until such private career school seeking 1386 |
---|
| 1874 | + | authorization files with the [executive director] commissioner 1387 |
---|
| 1875 | + | certificates indicating that the buildings and premises for such school 1388 |
---|
| 1876 | + | meet all applicable state and local fire and zoning requirements. Such 1389 |
---|
| 1877 | + | certificates shall be attested to by the fire marshal and zoning 1390 |
---|
| 1878 | + | enforcement officer within the municipality in which such school is 1391 |
---|
| 1879 | + | Governor's Bill No. 6660 |
---|
| 1880 | + | |
---|
| 1881 | + | |
---|
| 1882 | + | |
---|
| 1883 | + | LCO No. 4030 50 of 165 |
---|
| 1884 | + | |
---|
| 1885 | + | located. 1392 |
---|
| 1886 | + | (d) No certificate to operate a new private career school shall be 1393 |
---|
| 1887 | + | issued by the [executive director] commissioner pursuant to section 10a-1394 |
---|
| 1888 | + | 22d, as amended by this act, until such private career school seeking 1395 |
---|
| 1889 | + | authorization files with the [executive director] commissioner an 1396 |
---|
| 1890 | + | irrevocable letter of credit issued by a bank with its main office or branch 1397 |
---|
| 1891 | + | located within this state in the penal amount of forty thousand dollars 1398 |
---|
| 1892 | + | guaranteeing the payments required of the school to the private career 1399 |
---|
| 1893 | + | school student protection account in accordance with the provisions of 1400 |
---|
| 1894 | + | section 10a-22u, as amended by this act, except that, any letter of credit 1401 |
---|
| 1895 | + | issued on and after the effective date of the regulations adopted 1402 |
---|
| 1896 | + | pursuant to section 10a-22k, shall be in a penal amount specified in such 1403 |
---|
| 1897 | + | regulations. The letter of credit shall be payable to the private career 1404 |
---|
| 1898 | + | school student protection account in the event that such school fails to 1405 |
---|
| 1899 | + | make payments to the account as provided in subsection (a) of section 1406 |
---|
| 1900 | + | 10a-22u, as amended by this act, or in the event the state takes action to 1407 |
---|
| 1901 | + | reimburse the account for a tuition refund paid to a student pursuant to 1408 |
---|
| 1902 | + | the provisions of section 10a-22v, as amended by this act, provided the 1409 |
---|
| 1903 | + | amount of the letter of credit to be paid into the private career school 1410 |
---|
| 1904 | + | student protection account shall not exceed the amounts owed to the 1411 |
---|
| 1905 | + | account. In the event a private career school fails to close in accordance 1412 |
---|
| 1906 | + | with the provisions of section 10a-22m, as amended by this act, the 1413 |
---|
| 1907 | + | [executive director] commissioner may seize the letter of credit, which 1414 |
---|
| 1908 | + | shall be made payable to the private career school protection account. 1415 |
---|
| 1909 | + | (e) The [executive director] commissioner shall notify the applicant 1416 |
---|
| 1910 | + | private career school, by certified mail, return receipt requested of the 1417 |
---|
| 1911 | + | decision to grant or deny a certificate of authorization not later than 1418 |
---|
| 1912 | + | sixty days after receiving the written report of the evaluation team 1419 |
---|
| 1913 | + | appointed pursuant to subsection (e) of section 10a-22b, as amended by 1420 |
---|
| 1914 | + | this act. 1421 |
---|
| 1915 | + | Sec. 41. Section 10a-22d of the general statutes is repealed and the 1422 |
---|
| 1916 | + | following is substituted in lieu thereof (Effective from passage): 1423 |
---|
| 1917 | + | Governor's Bill No. 6660 |
---|
| 1918 | + | |
---|
| 1919 | + | |
---|
| 1920 | + | |
---|
| 1921 | + | LCO No. 4030 51 of 165 |
---|
| 1922 | + | |
---|
| 1923 | + | (a) After the initial year of approval and for the next three years of 1424 |
---|
| 1924 | + | operation as a private career school, renewal of the certificate of 1425 |
---|
| 1925 | + | authorization shall be required annually. 1426 |
---|
| 1926 | + | (b) Following the fourth year of continuous authorization, a renewal 1427 |
---|
| 1927 | + | of the certificate of authorization, if granted, shall be for a period not to 1428 |
---|
| 1928 | + | exceed five years and may be subject to an evaluation pursuant to 1429 |
---|
| 1929 | + | subsection (e) of section 10a-22b, as amended by this act, provided no 1430 |
---|
| 1930 | + | private career school shall operate for more than five additional years 1431 |
---|
| 1931 | + | from the date of any renewal without the completion of an evaluation 1432 |
---|
| 1932 | + | pursuant to subsection (e) of section 10a-22b, as amended by this act. 1433 |
---|
| 1933 | + | (c) Renewal of the certificate of authorization shall be granted only 1434 |
---|
| 1934 | + | upon (1) payment of a nonrefundable renewal fee to the Office of Higher 1435 |
---|
| 1935 | + | Education in the amount of two hundred dollars for the private career 1436 |
---|
| 1936 | + | school and two hundred dollars for each branch of a private career 1437 |
---|
| 1937 | + | school, except that, any renewal fees paid on and after the effective date 1438 |
---|
| 1938 | + | of the regulations adopted pursuant to section 10a-22k, shall be in the 1439 |
---|
| 1939 | + | amount specified in such regulations, (2) submission of any reports or 1440 |
---|
| 1940 | + | audits, as prescribed by the [executive director] commissioner, or the 1441 |
---|
| 1941 | + | [executive director's] commissioner's designee, concerning the fiscal 1442 |
---|
| 1942 | + | condition of the private career school or its continuing eligibility to 1443 |
---|
| 1943 | + | participate in federal student financial aid programs, (3) the filing with 1444 |
---|
| 1944 | + | the [executive director] commissioner of a complete application for a 1445 |
---|
| 1945 | + | renewed certificate of authorization not less than one hundred twenty 1446 |
---|
| 1946 | + | days prior to the termination date of the most recent certificate of 1447 |
---|
| 1947 | + | authorization, and (4) a determination that the private career school 1448 |
---|
| 1948 | + | meets all the conditions of its recent authorization, including, but not 1449 |
---|
| 1949 | + | limited to, at the discretion of the [executive director] commissioner, 1450 |
---|
| 1950 | + | evidence that such school is current on its financial obligations and has 1451 |
---|
| 1951 | + | adequate financial resources to serve its current students, and the filing 1452 |
---|
| 1952 | + | of documentation with the [executive director] commissioner that the 1453 |
---|
| 1953 | + | private career school has a passing financial ratio score as required by 1454 |
---|
| 1954 | + | 34 CFR 668, as amended from time to time. 1455 |
---|
| 1955 | + | Governor's Bill No. 6660 |
---|
| 1956 | + | |
---|
| 1957 | + | |
---|
| 1958 | + | |
---|
| 1959 | + | LCO No. 4030 52 of 165 |
---|
| 1960 | + | |
---|
| 1961 | + | (d) If the [executive director] commissioner, or the [executive 1456 |
---|
| 1962 | + | director's] commissioner's designee, determines, at any time during a 1457 |
---|
| 1963 | + | school's authorization period, that such school is out of compliance with 1458 |
---|
| 1964 | + | the conditions of authorization under sections 10a-22a to 10a-22o, 1459 |
---|
| 1965 | + | inclusive, as amended by this act, and any applicable regulations of 1460 |
---|
| 1966 | + | Connecticut state agencies, the school may be placed on probation for a 1461 |
---|
| 1967 | + | period not to exceed one year. If, after the period of one year of 1462 |
---|
| 1968 | + | probationary status, the school remains out of compliance with the 1463 |
---|
| 1969 | + | conditions of authorization, the [executive director] commissioner may 1464 |
---|
| 1970 | + | revoke such school's certificate of authorization to operate as a private 1465 |
---|
| 1971 | + | career school pursuant to section 10a-22f, as amended by this act. 1466 |
---|
| 1972 | + | During the school's period of probation, the school shall post its 1467 |
---|
| 1973 | + | probationary certificate of authorization in public view. The Office of 1468 |
---|
| 1974 | + | Higher Education may publish the school's probationary certificate of 1469 |
---|
| 1975 | + | authorization status. 1470 |
---|
| 1976 | + | (e) Notwithstanding the provisions of sections 10a-22a to 10a-22o, 1471 |
---|
| 1977 | + | inclusive, as amended by this act, the [executive director] commissioner 1472 |
---|
| 1978 | + | may authorize the extension of the most recent certificate of 1473 |
---|
| 1979 | + | authorization for a period not to exceed sixty days for good cause 1474 |
---|
| 1980 | + | shown, provided such extension shall not change the date of the original 1475 |
---|
| 1981 | + | certificate's issuance or the date for each renewal. 1476 |
---|
| 1982 | + | (f) After the first year of authorization, each private career school 1477 |
---|
| 1983 | + | shall pay a nonrefundable annual fee to the private career school student 1478 |
---|
| 1984 | + | protection account in the amount of two hundred dollars for the private 1479 |
---|
| 1985 | + | career school and two hundred dollars for each branch of a private 1480 |
---|
| 1986 | + | career school, except that, any annual fee paid on and after the effective 1481 |
---|
| 1987 | + | date of the regulations adopted pursuant to section 10a-22k, shall be in 1482 |
---|
| 1988 | + | the amount specified in such regulations. The annual fee shall be due 1483 |
---|
| 1989 | + | and payable for each year after the first year of authorization that the 1484 |
---|
| 1990 | + | private career school and any branch of a private career school is 1485 |
---|
| 1991 | + | authorized by the [executive director] commissioner to offer career 1486 |
---|
| 1992 | + | instruction. Such annual fee shall be in addition to any renewal fee 1487 |
---|
| 1993 | + | assessed under this section. 1488 |
---|
| 1994 | + | Governor's Bill No. 6660 |
---|
| 1995 | + | |
---|
| 1996 | + | |
---|
| 1997 | + | |
---|
| 1998 | + | LCO No. 4030 53 of 165 |
---|
| 1999 | + | |
---|
| 2000 | + | (g) Each private career school shall keep financial records in 1489 |
---|
| 2001 | + | conformity with generally accepted accounting principles. An annual 1490 |
---|
| 2002 | + | financial statement detailing the financial status of the school shall be 1491 |
---|
| 2003 | + | prepared by school management and reviewed or audited, or, for a 1492 |
---|
| 2004 | + | nonaccredited school annually receiving less than fifty thousand dollars 1493 |
---|
| 2005 | + | in tuition revenue, compiled, by a licensed certified public accountant 1494 |
---|
| 2006 | + | or licensed public accountant in accordance with standards established 1495 |
---|
| 2007 | + | by the American Institute of Certified Public Accountants. A copy of 1496 |
---|
| 2008 | + | such financial statement shall be filed with the [executive director] 1497 |
---|
| 2009 | + | commissioner on or before the last day of the fourth month following 1498 |
---|
| 2010 | + | the end of the school's fiscal year, except in the case of a nationally 1499 |
---|
| 2011 | + | accredited school recognized by the United States Department of 1500 |
---|
| 2012 | + | Education, in which case such financial statement shall be due on or 1501 |
---|
| 2013 | + | before the last day of the sixth month following the end of the school's 1502 |
---|
| 2014 | + | fiscal year. Only audited financial statements shall be accepted from a 1503 |
---|
| 2015 | + | nationally accredited school. Upon a nonaccredited school's written 1504 |
---|
| 2016 | + | request, the [executive director] commissioner may authorize, for good 1505 |
---|
| 2017 | + | cause shown, a filing extension for a period not to exceed sixty days. No 1506 |
---|
| 2018 | + | filing extensions shall be granted to a nationally accredited school. 1507 |
---|
| 2019 | + | (h) The failure of any private career school to submit an application 1508 |
---|
| 2020 | + | to the Office of Higher Education for the renewal of a certificate of 1509 |
---|
| 2021 | + | authorization on or before the date on which it is due may result in the 1510 |
---|
| 2022 | + | loss of authorization under section 10a-22f, as amended by this act. The 1511 |
---|
| 2023 | + | [executive director] commissioner of said office may deny the renewal 1512 |
---|
| 2024 | + | of such certificate of authorization if there exists a failure to file such 1513 |
---|
| 2025 | + | renewal application by the date on which it is due, or the end of any 1514 |
---|
| 2026 | + | period of extension authorized pursuant to subsection (e) of this section. 1515 |
---|
| 2027 | + | Sec. 42. Section 10a-22e of the general statutes is repealed and the 1516 |
---|
| 2028 | + | following is substituted in lieu thereof (Effective from passage): 1517 |
---|
| 2029 | + | (a) During any period of authorization by the [executive director] 1518 |
---|
| 2030 | + | commissioner to operate as a private career school pursuant to sections 1519 |
---|
| 2031 | + | 10a-22a to 10a-22o, inclusive, as amended by this act, and sections 10a-1520 |
---|
| 2032 | + | Governor's Bill No. 6660 |
---|
| 2033 | + | |
---|
| 2034 | + | |
---|
| 2035 | + | |
---|
| 2036 | + | LCO No. 4030 54 of 165 |
---|
| 2037 | + | |
---|
| 2038 | + | 22u to 10a-22w, inclusive, as amended by this act, such private career 1521 |
---|
| 2039 | + | school may request revision of the conditions of its authorization. Such 1522 |
---|
| 2040 | + | school shall make such request to the [executive director] commissioner, 1523 |
---|
| 2041 | + | in the manner and on such forms prescribed by the [executive director] 1524 |
---|
| 2042 | + | commissioner sixty days prior to the proposed implementation date of 1525 |
---|
| 2043 | + | any intended revision. Such revision shall include, but not be limited to, 1526 |
---|
| 2044 | + | changes in (1) courses or programs; (2) ownership of the school; (3) 1527 |
---|
| 2045 | + | name of the school; (4) location of the school's main campus; or (5) 1528 |
---|
| 2046 | + | location of any of the school's additional classroom sites or branch 1529 |
---|
| 2047 | + | campuses. A private career school requesting revision of the conditions 1530 |
---|
| 2048 | + | of its authorization based on a change in ownership of the school shall 1531 |
---|
| 2049 | + | submit an application and letter of credit pursuant to sections 10a-22b, 1532 |
---|
| 2050 | + | as amended by this act, and 10a-22c, as amended by this act, 1533 |
---|
| 2051 | + | accompanied by a nonrefundable change of ownership fee made 1534 |
---|
| 2052 | + | payable to the private career school student protection account under 1535 |
---|
| 2053 | + | section 10a-22u, as amended by this act, in the amount of two thousand 1536 |
---|
| 2054 | + | dollars for the private career school and two hundred dollars for each 1537 |
---|
| 2055 | + | branch of a private career school in this state, except that, any ownership 1538 |
---|
| 2056 | + | fee paid on and after the effective date of the regulations adopted 1539 |
---|
| 2057 | + | pursuant to section 10a-22k, shall be in the amount specified in such 1540 |
---|
| 2058 | + | regulations. 1541 |
---|
| 2059 | + | (b) The [executive director] commissioner, or the [executive 1542 |
---|
| 2060 | + | director's] commissioner's designee, may, not later than thirty days after 1543 |
---|
| 2061 | + | receipt of a request to revise the conditions of authorization, issue an 1544 |
---|
| 2062 | + | order prohibiting any such change if it would constitute a material or 1545 |
---|
| 2063 | + | substantial deviation from the conditions of authorization. 1546 |
---|
| 2064 | + | (c) If the [executive director] commissioner, or the [executive 1547 |
---|
| 2065 | + | director's] commissioner's designee, fails to take action upon a request 1548 |
---|
| 2066 | + | for revision by the thirtieth day following the proposed implementation 1549 |
---|
| 2067 | + | date of the intended revision, such request shall be deemed approved, 1550 |
---|
| 2068 | + | and the private career school's certificate of authorization shall be so 1551 |
---|
| 2069 | + | revised for the same period as its current authorization. 1552 |
---|
| 2070 | + | Governor's Bill No. 6660 |
---|
| 2071 | + | |
---|
| 2072 | + | |
---|
| 2073 | + | |
---|
| 2074 | + | LCO No. 4030 55 of 165 |
---|
| 2075 | + | |
---|
| 2076 | + | Sec. 43. Section 10a-22f of the general statutes is repealed and the 1553 |
---|
| 2077 | + | following is substituted in lieu thereof (Effective from passage): 1554 |
---|
| 2078 | + | (a) A certificate of authorization issued to a private career school 1555 |
---|
| 2079 | + | pursuant to sections 10a-22a to 10a-22o, inclusive, as amended by this 1556 |
---|
| 2080 | + | act, and sections 10a-22u to 10a-22w, inclusive, as amended by this act, 1557 |
---|
| 2081 | + | may be revoked by the [executive director] commissioner if such school 1558 |
---|
| 2082 | + | (1) ceases to meet the conditions of its authorization; (2) commits a 1559 |
---|
| 2083 | + | material or substantial violation of sections 10a-22a to 10a-22o, inclusive, 1560 |
---|
| 2084 | + | as amended by this act, or sections 10a-22u to 10a-22w, inclusive, as 1561 |
---|
| 2085 | + | amended by this act, or the regulations prescribed thereunder; (3) makes 1562 |
---|
| 2086 | + | a false statement about a material fact in application for authorization 1563 |
---|
| 2087 | + | or renewal; (4) fails to make a required payment to the private career 1564 |
---|
| 2088 | + | school student protection account pursuant to section 10a-22u, as 1565 |
---|
| 2089 | + | amended by this act; or (5) fails to submit a complete application for a 1566 |
---|
| 2090 | + | renewal of a certificate of authorization pursuant to section 10a-22d, as 1567 |
---|
| 2091 | + | amended by this act. 1568 |
---|
| 2092 | + | (b) The [executive director] commissioner, or the [executive 1569 |
---|
| 2093 | + | director's] commissioner's designee, shall serve written notice, by 1570 |
---|
| 2094 | + | certified mail, return receipt requested upon a private career school 1571 |
---|
| 2095 | + | indicating that revocation of the school's authorization is under 1572 |
---|
| 2096 | + | consideration and the [executive director] commissioner shall set forth 1573 |
---|
| 2097 | + | the reasons such revocation is being considered. Not later than forty-1574 |
---|
| 2098 | + | five days after mailing such written notice, the [executive director] 1575 |
---|
| 2099 | + | commissioner, or the [executive director's] commissioner's designee, 1576 |
---|
| 2100 | + | shall hold a compliance conference with the private career school. 1577 |
---|
| 2101 | + | (c) If, after the compliance conference, the [executive director] 1578 |
---|
| 2102 | + | commissioner determines that revocation of the certificate of 1579 |
---|
| 2103 | + | authorization is appropriate, the [executive director] commissioner shall 1580 |
---|
| 2104 | + | issue an order and serve written notice by certified mail, return receipt 1581 |
---|
| 2105 | + | requested upon the private career school, which notice shall include, but 1582 |
---|
| 2106 | + | not be limited to, the date of the revocation. 1583 |
---|
| 2107 | + | Governor's Bill No. 6660 |
---|
| 2108 | + | |
---|
| 2109 | + | |
---|
| 2110 | + | |
---|
| 2111 | + | LCO No. 4030 56 of 165 |
---|
| 2112 | + | |
---|
| 2113 | + | (d) A private career school aggrieved by the order of the [executive 1584 |
---|
| 2114 | + | director] commissioner revoking its certificate of authorization 1585 |
---|
| 2115 | + | pursuant to subsection (c) of this section shall, not later than fifteen days 1586 |
---|
| 2116 | + | after such order is mailed, request in writing a hearing before the 1587 |
---|
| 2117 | + | [executive director] commissioner. Such hearing shall be held in 1588 |
---|
| 2118 | + | accordance with the provisions of chapter 54. 1589 |
---|
| 2119 | + | Sec. 44. Section 10a-22g of the general statutes is repealed and the 1590 |
---|
| 2120 | + | following is substituted in lieu thereof (Effective from passage): 1591 |
---|
| 2121 | + | (a) A private career school which is authorized by the [executive 1592 |
---|
| 2122 | + | director] commissioner pursuant to sections 10a-22a to 10a-22o, 1593 |
---|
| 2123 | + | inclusive, as amended by this act, and sections 10a-22u to 10a-22w, 1594 |
---|
| 2124 | + | inclusive, as amended by this act, may request authorization to establish 1595 |
---|
| 2125 | + | and operate additional classroom sites or branch schools, or to offer 1596 |
---|
| 2126 | + | existing or new programs through a distance learning program, as 1597 |
---|
| 2127 | + | defined in section 10a-22h, for the purpose of offering the occupational 1598 |
---|
| 2128 | + | instruction authorized by the [executive director] commissioner, 1599 |
---|
| 2129 | + | provided the additional classroom site or branch school complies with 1600 |
---|
| 2130 | + | the provisions of subsection (b) of this section. Such school shall make 1601 |
---|
| 2131 | + | such request for authorization to operate an additional classroom site or 1602 |
---|
| 2132 | + | branch school or to offer existing or new programs through a distance 1603 |
---|
| 2133 | + | learning program, in the manner and on such forms as prescribed by the 1604 |
---|
| 2134 | + | [executive director] commissioner, at least sixty days prior to the 1605 |
---|
| 2135 | + | proposed establishment of such additional classroom site or branch 1606 |
---|
| 2136 | + | school or such distance learning program. 1607 |
---|
| 2137 | + | (b) The buildings and premises for such additional classroom site or 1608 |
---|
| 2138 | + | branch school shall meet all applicable state and local fire and zoning 1609 |
---|
| 2139 | + | requirements, and certificates attesting the same signed by the local fire 1610 |
---|
| 2140 | + | marshal and zoning enforcement officer shall be filed with the 1611 |
---|
| 2141 | + | [executive director] commissioner prior to offering such occupational 1612 |
---|
| 2142 | + | instruction. The additional classroom site or branch school shall be in 1613 |
---|
| 2143 | + | compliance with the relevant requirements set forth in subsection (g) of 1614 |
---|
| 2144 | + | section 10a-22b, as amended by this act, or on and after the effective date 1615 |
---|
| 2145 | + | Governor's Bill No. 6660 |
---|
| 2146 | + | |
---|
| 2147 | + | |
---|
| 2148 | + | |
---|
| 2149 | + | LCO No. 4030 57 of 165 |
---|
| 2150 | + | |
---|
| 2151 | + | of the regulations adopted pursuant to section 10a -22k, the 1616 |
---|
| 2152 | + | requirements set forth in such regulations. 1617 |
---|
| 2153 | + | (c) The [executive director] commissioner, or the [executive 1618 |
---|
| 2154 | + | director's] commissioner's designee, not later than thirty days after the 1619 |
---|
| 2155 | + | proposed date for establishment of a branch school, may issue an order 1620 |
---|
| 2156 | + | prohibiting any such establishment of a branch school if it would 1621 |
---|
| 2157 | + | constitute a material or substantial deviation from the conditions of 1622 |
---|
| 2158 | + | authorization or if the private career school fails to meet the 1623 |
---|
| 2159 | + | requirements set forth in subsection (b) of this section. 1624 |
---|
| 2160 | + | (d) If the [executive director] commissioner, or the [executive 1625 |
---|
| 2161 | + | director's] commissioner's designee, fails to take action upon the request 1626 |
---|
| 2162 | + | for revision by the thirtieth day after the proposed date for 1627 |
---|
| 2163 | + | establishment of such additional classroom site or branch school or such 1628 |
---|
| 2164 | + | distance learning program, such request shall be deemed approved. 1629 |
---|
| 2165 | + | Sec. 45. Section 10a-22i of the general statutes is repealed and the 1630 |
---|
| 2166 | + | following is substituted in lieu thereof (Effective from passage): 1631 |
---|
| 2167 | + | (a) The [executive director] commissioner may assess any person, 1632 |
---|
| 2168 | + | board, partnership, association, corporation, limited liability company 1633 |
---|
| 2169 | + | or other entity which violates any provision of sections 10a-22a to 10a-1634 |
---|
| 2170 | + | 22p, inclusive, as amended by this act, sections 10a-22u to 10a-22w, 1635 |
---|
| 2171 | + | inclusive, as amended by this act, or regulations adopted pursuant to 1636 |
---|
| 2172 | + | section 10a-22k, an administrative penalty in an amount not to exceed 1637 |
---|
| 2173 | + | five hundred dollars for each day of such violation, except that, any 1638 |
---|
| 2174 | + | administrative penalty assessed on and after the effective date of the 1639 |
---|
| 2175 | + | regulations adopted pursuant to section 10a-22k, shall be in the amount 1640 |
---|
| 2176 | + | specified in such regulations. 1641 |
---|
| 2177 | + | (b) The [executive director] commissioner shall serve written notice 1642 |
---|
| 2178 | + | upon a private career school when the assessment of such an 1643 |
---|
| 2179 | + | administrative penalty is under consideration. The notice shall set forth 1644 |
---|
| 2180 | + | the reasons for the assessment of the penalty. Not later than forty-five 1645 |
---|
| 2181 | + | days after mailing such notice to the private career school, the [executive 1646 |
---|
| 2182 | + | Governor's Bill No. 6660 |
---|
| 2183 | + | |
---|
| 2184 | + | |
---|
| 2185 | + | |
---|
| 2186 | + | LCO No. 4030 58 of 165 |
---|
| 2187 | + | |
---|
| 2188 | + | director] commissioner, or the [executive director's] commissioner's 1647 |
---|
| 2189 | + | designee, shall hold a compliance conference with the private career 1648 |
---|
| 2190 | + | school. 1649 |
---|
| 2191 | + | (c) If, after the compliance conference, the [executive director] 1650 |
---|
| 2192 | + | commissioner determines that imposition of an administrative penalty 1651 |
---|
| 2193 | + | is appropriate, the [executive director] commissioner shall issue an 1652 |
---|
| 2194 | + | order and serve written notice by certified mail, return receipt requested 1653 |
---|
| 2195 | + | upon the private career school. 1654 |
---|
| 2196 | + | (d) A private career school aggrieved by the order of the [executive 1655 |
---|
| 2197 | + | director] commissioner imposing an administrative penalty pursuant to 1656 |
---|
| 2198 | + | subsection (c) of this section shall, not later than fifteen days after such 1657 |
---|
| 2199 | + | order is mailed, request in writing a hearing before the [executive 1658 |
---|
| 2200 | + | director] commissioner. Such hearing shall be held in accordance with 1659 |
---|
| 2201 | + | the provisions of chapter 54. 1660 |
---|
| 2202 | + | Sec. 46. Section 10a-22j of the general statutes is repealed and the 1661 |
---|
| 2203 | + | following is substituted in lieu thereof (Effective from passage): 1662 |
---|
| 2204 | + | The [executive director] commissioner, through the Attorney 1663 |
---|
| 2205 | + | General, may seek an order from the Superior Court to prevent any 1664 |
---|
| 2206 | + | violation of sections 10a-22a to 10a-22p, inclusive, as amended by this 1665 |
---|
| 2207 | + | act, or sections 10a-22u to 10a-22w, inclusive, as amended by this act. 1666 |
---|
| 2208 | + | Sec. 47. Subsection (b) of section 10a-22l of the general statutes is 1667 |
---|
| 2209 | + | repealed and the following is substituted in lieu thereof (Effective from 1668 |
---|
| 2210 | + | passage): 1669 |
---|
| 2211 | + | (b) The [executive director] commissioner, or the [executive 1670 |
---|
| 2212 | + | director's] commissioner's designee, may conduct an investigation and, 1671 |
---|
| 2213 | + | through the Attorney General, maintain an action in the name of the 1672 |
---|
| 2214 | + | state against any person to restrain or prevent the establishment or 1673 |
---|
| 2215 | + | operation of an institution that does not have a certificate of 1674 |
---|
| 2216 | + | authorization. 1675 |
---|
| 2217 | + | Governor's Bill No. 6660 |
---|
| 2218 | + | |
---|
| 2219 | + | |
---|
| 2220 | + | |
---|
| 2221 | + | LCO No. 4030 59 of 165 |
---|
| 2222 | + | |
---|
| 2223 | + | Sec. 48. Section 10a-22m of the general statutes is repealed and the 1676 |
---|
| 2224 | + | following is substituted in lieu thereof (Effective from passage): 1677 |
---|
| 2225 | + | (a) A private career school shall notify the [executive director] 1678 |
---|
| 2226 | + | commissioner, in writing, at least sixty days prior to closure of such 1679 |
---|
| 2227 | + | school. The private career school shall provide evidence prior to closing 1680 |
---|
| 2228 | + | that: (1) All course work is or will be completed by current students at 1681 |
---|
| 2229 | + | the school; (2) there are no refunds due any students; (3) all student 1682 |
---|
| 2230 | + | records will be maintained as prescribed in section 10a-22n, as amended 1683 |
---|
| 2231 | + | by this act; (4) final payment has been made to the private career school 1684 |
---|
| 2232 | + | student protection account; (5) a designation of service form has been 1685 |
---|
| 2233 | + | filed with the [executive director] commissioner; and (6) the certificate 1686 |
---|
| 2234 | + | of authorization has been returned to the [executive director] 1687 |
---|
| 2235 | + | commissioner. 1688 |
---|
| 2236 | + | (b) Any private career school that fails to meet the requirements 1689 |
---|
| 2237 | + | outlined in subsection (a) of this section shall be fined not more than five 1690 |
---|
| 2238 | + | hundred dollars per day for each day of noncompliance, except that, any 1691 |
---|
| 2239 | + | fine assessed on and after the effective date of the regulations adopted 1692 |
---|
| 2240 | + | pursuant to section 10a-22k, shall be in the amount specified in such 1693 |
---|
| 2241 | + | regulations, and pursuant to subdivision (6) of subsection (a) of section 1694 |
---|
| 2242 | + | 10a-22c, as amended by this act, shall be ineligible to be issued a 1695 |
---|
| 2243 | + | certificate of authorization upon application to operate a private career 1696 |
---|
| 2244 | + | school. Funds collected pursuant to this subsection shall be placed in the 1697 |
---|
| 2245 | + | private career student protection account established pursuant to 1698 |
---|
| 2246 | + | section 10a-22u, as amended by this act. 1699 |
---|
| 2247 | + | (c) If the [executive director] commissioner revokes a private career 1700 |
---|
| 2248 | + | school's certificate of authorization, such school shall comply with the 1701 |
---|
| 2249 | + | requirements of subsection (a) of this section. Failure to comply shall 1702 |
---|
| 2250 | + | result in further penalties at the discretion of the [executive director] 1703 |
---|
| 2251 | + | commissioner. 1704 |
---|
| 2252 | + | (d) In the event a private career school fails to meet the requirements 1705 |
---|
| 2253 | + | set forth in subsection (a) of this section and closes prior to graduating 1706 |
---|
| 2254 | + | Governor's Bill No. 6660 |
---|
| 2255 | + | |
---|
| 2256 | + | |
---|
| 2257 | + | |
---|
| 2258 | + | LCO No. 4030 60 of 165 |
---|
| 2259 | + | |
---|
| 2260 | + | all current students, the [executive director] commissioner may seize the 1707 |
---|
| 2261 | + | letter of credit filed by the private career school pursuant to subsection 1708 |
---|
| 2262 | + | (d) of section 10a-22c, as amended by this act, and such letter of credit 1709 |
---|
| 2263 | + | shall be made payable to the private career school student protection 1710 |
---|
| 2264 | + | account. The [executive director] commissioner may expend funds from 1711 |
---|
| 2265 | + | the private career school student protection account up to the amount 1712 |
---|
| 2266 | + | necessary to facilitate a teach-out of any remaining students up to and 1713 |
---|
| 2267 | + | including the issuance of a certificate of completion pursuant to 1714 |
---|
| 2268 | + | subsection (e) of this section. For purposes of this subsection and 1715 |
---|
| 2269 | + | subsection (e) of this section, (1) "teach-out" means the completion of 1716 |
---|
| 2270 | + | instruction of a course or program of study in which a student was 1717 |
---|
| 2271 | + | enrolled, provided the teach-out includes instruction of the entire 1718 |
---|
| 2272 | + | program of study when a course is a part of such program of study, and 1719 |
---|
| 2273 | + | (2) "certificate of completion" means the credential, documented in 1720 |
---|
| 2274 | + | writing, that is issued to a student who completes a course or program 1721 |
---|
| 2275 | + | of study offered by a private career school. 1722 |
---|
| 2276 | + | (e) In the event of a private career school closure that fails to meet the 1723 |
---|
| 2277 | + | requirements set forth in subsection (a) of this section, the [executive 1724 |
---|
| 2278 | + | director] commissioner may issue a certificate of completion to each 1725 |
---|
| 2279 | + | student that, in the [executive director's] commissioner's determination, 1726 |
---|
| 2280 | + | has successfully completed the student's course or program of study in 1727 |
---|
| 2281 | + | which the student was enrolled at the private career school. 1728 |
---|
| 2282 | + | Sec. 49. Section 10a-22n of the general statutes is repealed and the 1729 |
---|
| 2283 | + | following is substituted in lieu thereof (Effective from passage): 1730 |
---|
| 2284 | + | (a) A private career school shall maintain, preserve and protect, in a 1731 |
---|
| 2285 | + | manner approved by the [executive director] commissioner, or the 1732 |
---|
| 2286 | + | [executive director's] commissioner's designee, all school records 1733 |
---|
| 2287 | + | including, but not limited to: (1) Student or academic transcripts, 1734 |
---|
| 2288 | + | including, in a separate file, a duplicate copy of the academic transcript 1735 |
---|
| 2289 | + | of each student who graduated from such school, and a duplicate copy 1736 |
---|
| 2290 | + | of the academic transcript of each student enrolled at such school that 1737 |
---|
| 2291 | + | contains the student's name, address, program of study, length of such 1738 |
---|
| 2292 | + | Governor's Bill No. 6660 |
---|
| 2293 | + | |
---|
| 2294 | + | |
---|
| 2295 | + | |
---|
| 2296 | + | LCO No. 4030 61 of 165 |
---|
| 2297 | + | |
---|
| 2298 | + | program of study, grade point average and courses completed; (2) 1739 |
---|
| 2299 | + | attendance records or other indicators of student progress; (3) copies of 1740 |
---|
| 2300 | + | individual enrollment agreements or contracts; (4) evidence of tuition 1741 |
---|
| 2301 | + | payments; and (5) any other documentation as prescribed by the 1742 |
---|
| 2302 | + | [executive director] commissioner. 1743 |
---|
| 2303 | + | (b) The [executive director] commissioner, or the [executive 1744 |
---|
| 2304 | + | director's] commissioner's designee, may at any time during regular 1745 |
---|
| 2305 | + | business or school hours, with or without notice, visit a private career 1746 |
---|
| 2306 | + | school. During such visitation, the [executive director] commissioner, or 1747 |
---|
| 2307 | + | the [executive director's] commissioner's designee, may request an 1748 |
---|
| 2308 | + | officer or director of the school to produce, and shall be provided with 1749 |
---|
| 2309 | + | immediate access to, such records or information as are required to 1750 |
---|
| 2310 | + | verify that the school continues to meet the conditions of authorization. 1751 |
---|
| 2311 | + | If the [executive director] commissioner determines that such private 1752 |
---|
| 2312 | + | career school has not maintained, preserved or protected school records 1753 |
---|
| 2313 | + | in accordance with this section, the [executive director] commissioner 1754 |
---|
| 2314 | + | may assess an administrative penalty on such private career school 1755 |
---|
| 2315 | + | pursuant to section 10a-22i, as amended by this act. 1756 |
---|
| 2316 | + | (c) If a school ceases to operate as a private career school, it shall (1) 1757 |
---|
| 2317 | + | immediately transmit all student or academic transcripts, described in 1758 |
---|
| 2318 | + | subdivision (1) of subsection (a) of this section, to the [executive 1759 |
---|
| 2319 | + | director] commissioner, and (2) keep the [executive director] 1760 |
---|
| 2320 | + | commissioner advised in writing as to the location and availability of all 1761 |
---|
| 2321 | + | other student records or shall file all such other student records with the 1762 |
---|
| 2322 | + | [executive director] commissioner. 1763 |
---|
| 2323 | + | (d) The [executive director] commissioner shall maintain all records, 1764 |
---|
| 2324 | + | files and other documents associated with private career schools in a 1765 |
---|
| 2325 | + | manner consistent with the mission and responsibilities of the Office of 1766 |
---|
| 2326 | + | Higher Education. 1767 |
---|
| 2327 | + | Sec. 50. Section 10a-22o of the general statutes is repealed and the 1768 |
---|
| 2328 | + | following is substituted in lieu thereof (Effective from passage): 1769 |
---|
| 2329 | + | Governor's Bill No. 6660 |
---|
| 2330 | + | |
---|
| 2331 | + | |
---|
| 2332 | + | |
---|
| 2333 | + | LCO No. 4030 62 of 165 |
---|
| 2334 | + | |
---|
| 2335 | + | (a) The [executive director] commissioner, through the Attorney 1770 |
---|
| 2336 | + | General, may petition the superior court for the judicial district of 1771 |
---|
| 2337 | + | Hartford for the enforcement of any order issued by the [executive 1772 |
---|
| 2338 | + | director] commissioner, and for other appropriate relief. The court may 1773 |
---|
| 2339 | + | issue such orders as are appropriate to aid in enforcement. 1774 |
---|
| 2340 | + | (b) The [executive director] commissioner, or the [executive 1775 |
---|
| 2341 | + | director's] commissioner's designee, may conduct any necessary review, 1776 |
---|
| 2342 | + | inspection or investigation regarding applications for certificates of 1777 |
---|
| 2343 | + | authorization or possible violations of sections 10a-22a to 10a-22p, 1778 |
---|
| 2344 | + | inclusive, as amended by this act, or any applicable regulations of 1779 |
---|
| 2345 | + | Connecticut state agencies. In connection with any investigation, the 1780 |
---|
| 2346 | + | [executive director] commissioner, or the [executive director's] 1781 |
---|
| 2347 | + | commissioner's designee, may administer oaths, issue subpoenas, 1782 |
---|
| 2348 | + | compel testimony and order the production of any record or document. 1783 |
---|
| 2349 | + | If any person refuses to appear, testify or produce any record or 1784 |
---|
| 2350 | + | document when so ordered, the [executive director] commissioner may 1785 |
---|
| 2351 | + | seek relief pursuant to subsection (a) of this section. 1786 |
---|
| 2352 | + | Sec. 51. Section 10a-22p of the general statutes is repealed and the 1787 |
---|
| 2353 | + | following is substituted in lieu thereof (Effective from passage): 1788 |
---|
| 2354 | + | (a) On and after January 1, 2020, any private career school, as defined 1789 |
---|
| 2355 | + | in section 10a-22a, as amended by this act, that requires any student, as 1790 |
---|
| 2356 | + | a condition of enrollment, to enter into an agreement that (1) limits 1791 |
---|
| 2357 | + | participation in a class action against such school, (2) limits any claim 1792 |
---|
| 2358 | + | the student may have against such school or the damages for such claim, 1793 |
---|
| 2359 | + | or (3) requires the student to assert any claim against such school in a 1794 |
---|
| 2360 | + | forum that is less convenient, more costly or more dilatory for the 1795 |
---|
| 2361 | + | resolution of a dispute than a judicial forum established in the state 1796 |
---|
| 2362 | + | where the student may otherwise properly bring a claim, shall include 1797 |
---|
| 2363 | + | in its application to the Office of Higher Education for initial or renewed 1798 |
---|
| 2364 | + | certificate of authorization pursuant to sections 10a-22b, as amended by 1799 |
---|
| 2365 | + | this act, and 10a-22d, as amended by this act, a statement (A) disclosing 1800 |
---|
| 2366 | + | the number of claims made against the school, including claims made 1801 |
---|
| 2367 | + | Governor's Bill No. 6660 |
---|
| 2368 | + | |
---|
| 2369 | + | |
---|
| 2370 | + | |
---|
| 2371 | + | LCO No. 4030 63 of 165 |
---|
| 2372 | + | |
---|
| 2373 | + | against a parent organization or subsidiary of the school, by a student 1802 |
---|
| 2374 | + | currently or formerly enrolled at the school, (B) describing the nature of 1803 |
---|
| 2375 | + | the rights asserted, and (C) updating the status of such claims. The 1804 |
---|
| 2376 | + | school shall submit additional details regarding such claims as the 1805 |
---|
| 2377 | + | [executive director of the Office] Commissioner of Higher Education 1806 |
---|
| 2378 | + | may require. 1807 |
---|
| 2379 | + | (b) The [executive director of the Office] Commissioner of Higher 1808 |
---|
| 2380 | + | Education may deny the application for initial or renewed certificate of 1809 |
---|
| 2381 | + | authorization of a private career school or consider a private career 1810 |
---|
| 2382 | + | school ineligible to receive any public funds, including, but not limited 1811 |
---|
| 2383 | + | to, federal funds administered by the office pursuant to section 10a-45 if 1812 |
---|
| 2384 | + | (1) such school fails to include the statement required under subsection 1813 |
---|
| 2385 | + | (a) of this section in its application, or (2) upon review of such statement, 1814 |
---|
| 2386 | + | the [executive director] commissioner determines that the public policy 1815 |
---|
| 2387 | + | of protecting the interests of students in the state requires such denial. 1816 |
---|
| 2388 | + | (c) The [executive director of the Office] Commissioner of Higher 1817 |
---|
| 2389 | + | Education shall have the authority granted under sections 10a-22i, as 1818 |
---|
| 2390 | + | amended by this act, 10a-22j, as amended by this act, and 10a-22o, as 1819 |
---|
| 2391 | + | amended by this act, to investigate and enforce the provisions of 1820 |
---|
| 2392 | + | subsections (a) and (b) of this section. 1821 |
---|
| 2393 | + | Sec. 52. Section 10a-22r of the general statutes is repealed and the 1822 |
---|
| 2394 | + | following is substituted in lieu thereof (Effective from passage): 1823 |
---|
| 2395 | + | Upon the availability of funds to award financial aid grants from the 1824 |
---|
| 2396 | + | private career school student benefit account, there shall be established 1825 |
---|
| 2397 | + | an advisory committee to the [executive director] commissioner 1826 |
---|
| 2398 | + | consisting of seven members appointed by the [executive director] 1827 |
---|
| 2399 | + | commissioner, including a representative of the private career schools, 1828 |
---|
| 2400 | + | a representative from the Office of Higher Education and five members 1829 |
---|
| 2401 | + | chosen from business or industry, state legislators, private career school 1830 |
---|
| 2402 | + | alumni and the general public. Three of the members first appointed to 1831 |
---|
| 2403 | + | the committee shall be appointed for a term of three years and four of 1832 |
---|
| 2404 | + | Governor's Bill No. 6660 |
---|
| 2405 | + | |
---|
| 2406 | + | |
---|
| 2407 | + | |
---|
| 2408 | + | LCO No. 4030 64 of 165 |
---|
| 2409 | + | |
---|
| 2410 | + | the members first appointed shall be appointed for a term of two years. 1833 |
---|
| 2411 | + | Thereafter, all members shall be appointed for a term of two years. The 1834 |
---|
| 2412 | + | [executive director] commissioner shall administer the private career 1835 |
---|
| 2413 | + | school student benefit account, established pursuant to section 10a-22u, 1836 |
---|
| 2414 | + | as amended by this act, with the advice of the advisory committee in 1837 |
---|
| 2415 | + | accordance with the provisions of this section and sections 10a-22s, as 1838 |
---|
| 2416 | + | amended by this act, and 10a-22t, as amended by this act, and may 1839 |
---|
| 2417 | + | assess the account for all direct expenses incurred in the implementation 1840 |
---|
| 2418 | + | of this section. The account shall be used to award financial aid grants 1841 |
---|
| 2419 | + | for the benefit of private career school students. The grants shall be paid 1842 |
---|
| 2420 | + | to the private career school designated by the grant recipient to be 1843 |
---|
| 2421 | + | applied against the tuition expenses of such recipient. If the balance of 1844 |
---|
| 2422 | + | the student protection account is five per cent or less of the annual net 1845 |
---|
| 2423 | + | tuition income of the schools which make payments to the account 1846 |
---|
| 2424 | + | pursuant to section 10a-22u, as amended by this act, any unallocated 1847 |
---|
| 2425 | + | funds in the student benefit account shall be transferred to the private 1848 |
---|
| 2426 | + | career school student protection account. 1849 |
---|
| 2427 | + | Sec. 53. Section 10a-22s of the general statutes is repealed and the 1850 |
---|
| 2428 | + | following is substituted in lieu thereof (Effective from passage): 1851 |
---|
| 2429 | + | The [executive director] commissioner, with the advice of the 1852 |
---|
| 2430 | + | advisory committee, shall establish the criteria for awarding financial 1853 |
---|
| 2431 | + | aid grants. Applications for grants shall be submitted on such forms and 1854 |
---|
| 2432 | + | in such manner as the [executive director] commissioner, with the 1855 |
---|
| 2433 | + | advice of the advisory committee, shall prescribe. The [executive 1856 |
---|
| 2434 | + | director] commissioner shall establish policies, with the advice of the 1857 |
---|
| 2435 | + | advisory committee, for the return of any portion of a financial aid grant, 1858 |
---|
| 2436 | + | representing tuition of a student, which would otherwise be refundable. 1859 |
---|
| 2437 | + | Sec. 54. Section 10a-22t of the general statutes is repealed and the 1860 |
---|
| 2438 | + | following is substituted in lieu thereof (Effective from passage): 1861 |
---|
| 2439 | + | The Treasurer shall pay financial aid grants, approved and ordered 1862 |
---|
| 2440 | + | to be paid by the [executive director] commissioner with the advice of 1863 |
---|
| 2441 | + | Governor's Bill No. 6660 |
---|
| 2442 | + | |
---|
| 2443 | + | |
---|
| 2444 | + | |
---|
| 2445 | + | LCO No. 4030 65 of 165 |
---|
| 2446 | + | |
---|
| 2447 | + | the advisory committee, from the student benefit account. 1864 |
---|
| 2448 | + | Sec. 55. Section 10a-22u of the general statutes is repealed and the 1865 |
---|
| 2449 | + | following is substituted in lieu thereof (Effective from passage): 1866 |
---|
| 2450 | + | (a) There shall be an account to be known as the private career school 1867 |
---|
| 2451 | + | student protection account within the General Fund. Each private career 1868 |
---|
| 2452 | + | school authorized in accordance with the provisions of sections 10a-22a 1869 |
---|
| 2453 | + | to 10a-22o, inclusive, as amended by this act, shall pay to the State 1870 |
---|
| 2454 | + | Treasurer an amount equal to four-tenths of one per cent of the tuition 1871 |
---|
| 2455 | + | received by such school per calendar quarter exclusive of any refunds 1872 |
---|
| 2456 | + | paid, except that distance learning and correspondence schools 1873 |
---|
| 2457 | + | authorized in accordance with the provisions of section 10a-22h, shall 1874 |
---|
| 2458 | + | contribute to said account only for Connecticut residents enrolled in 1875 |
---|
| 2459 | + | such schools. Payments shall be made by January thirtieth, April 1876 |
---|
| 2460 | + | thirtieth, July thirtieth and October thirtieth in each year for tuition 1877 |
---|
| 2461 | + | received during the three months next preceding the month of payment. 1878 |
---|
| 2462 | + | In addition to amounts received based on tuition, the account shall also 1879 |
---|
| 2463 | + | contain any amount required to be deposited into the account pursuant 1880 |
---|
| 2464 | + | to sections 10a-22a to 10a-22o, inclusive, as amended by this act. Said 1881 |
---|
| 2465 | + | account shall be used for the purposes of section 10a-22v, as amended 1882 |
---|
| 2466 | + | by this act. Any interest, income and dividends derived from the 1883 |
---|
| 2467 | + | investment of the account shall be credited to the account. All direct 1884 |
---|
| 2468 | + | expenses for the maintenance of the account may be charged to the 1885 |
---|
| 2469 | + | account upon the order of the State Comptroller. The [executive 1886 |
---|
| 2470 | + | director] commissioner may assess the account for all direct expenses 1887 |
---|
| 2471 | + | incurred in the implementation of the purposes of this section which are 1888 |
---|
| 2472 | + | in excess of the normal expenditures of the Office of Higher Education. 1889 |
---|
| 2473 | + | (b) Payments required pursuant to subsection (a) of this section shall 1890 |
---|
| 2474 | + | be a condition of doing business in the state and failure to make any 1891 |
---|
| 2475 | + | such payment within thirty days following the date on which it is due 1892 |
---|
| 2476 | + | shall result in the loss of authorization under section 10a-22f, as 1893 |
---|
| 2477 | + | amended by this act. Such authorization shall not be issued or renewed 1894 |
---|
| 2478 | + | if there exists a failure to make any such payment in excess of thirty days 1895 |
---|
| 2479 | + | Governor's Bill No. 6660 |
---|
| 2480 | + | |
---|
| 2481 | + | |
---|
| 2482 | + | |
---|
| 2483 | + | LCO No. 4030 66 of 165 |
---|
| 2484 | + | |
---|
| 2485 | + | following the date on which it is due. 1896 |
---|
| 2486 | + | (c) If an audit conducted by the Office of Higher Education 1897 |
---|
| 2487 | + | determines that a school has paid into the private career school student 1898 |
---|
| 2488 | + | protection account an amount less than was required, the school shall 1899 |
---|
| 2489 | + | pay such amount plus a penalty of ten per cent of the amount required 1900 |
---|
| 2490 | + | to the State Treasurer within thirty days of receipt of notice from the 1901 |
---|
| 2491 | + | [executive director] commissioner, or the [executive director's] 1902 |
---|
| 2492 | + | commissioner's designee of the amount of the underpayment and 1903 |
---|
| 2493 | + | penalty. 1904 |
---|
| 2494 | + | (d) If an audit conducted by the Office of Higher Education 1905 |
---|
| 2495 | + | determines that a school has paid into the private career school student 1906 |
---|
| 2496 | + | protection account an amount more than was required, subsequent 1907 |
---|
| 2497 | + | payment or payments by the school shall be appropriately credited until 1908 |
---|
| 2498 | + | such credited payment or payments equal the amount of the 1909 |
---|
| 2499 | + | overpayment. 1910 |
---|
| 2500 | + | Sec. 56. Section 10a-22v of the general statutes is repealed and the 1911 |
---|
| 2501 | + | following is substituted in lieu thereof (Effective from passage): 1912 |
---|
| 2502 | + | Any student enrolled in a private career school authorized in 1913 |
---|
| 2503 | + | accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, 1914 |
---|
| 2504 | + | as amended by this act, who is unable to complete an approved course 1915 |
---|
| 2505 | + | or unit of instruction at such school because of the insolvency or 1916 |
---|
| 2506 | + | cessation of operation of the school and who has paid tuition for such 1917 |
---|
| 2507 | + | course or unit of instruction, may, not later than two years after the date 1918 |
---|
| 2508 | + | on which such school became insolvent or ceased operations, make 1919 |
---|
| 2509 | + | application to the [executive director] commissioner for a refund of 1920 |
---|
| 2510 | + | tuition from the account established pursuant to section 10a-22u, as 1921 |
---|
| 2511 | + | amended by this act, to the extent that such account exists or has reached 1922 |
---|
| 2512 | + | the level necessary to pay outstanding approved claims, except that in 1923 |
---|
| 2513 | + | the case of distance learning and correspondence schools authorized in 1924 |
---|
| 2514 | + | accordance with the provisions of section 10a-22h, only Connecticut 1925 |
---|
| 2515 | + | residents enrolled in such schools may be eligible for such refund. Upon 1926 |
---|
| 2516 | + | Governor's Bill No. 6660 |
---|
| 2517 | + | |
---|
| 2518 | + | |
---|
| 2519 | + | |
---|
| 2520 | + | LCO No. 4030 67 of 165 |
---|
| 2521 | + | |
---|
| 2522 | + | such application, the [executive director] commissioner shall determine 1927 |
---|
| 2523 | + | whether the applicant is unable to complete a course or unit of 1928 |
---|
| 2524 | + | instruction because of the insolvency or cessation of operation of the 1929 |
---|
| 2525 | + | school to which tuition has been paid. The [executive director] 1930 |
---|
| 2526 | + | commissioner may summon by subpoena any person, records or 1931 |
---|
| 2527 | + | documents pertinent to the making of a determination regarding 1932 |
---|
| 2528 | + | insolvency or cessation of operation. For the purpose of making any 1933 |
---|
| 2529 | + | tuition refund pursuant to this section, a school shall be deemed to have 1934 |
---|
| 2530 | + | ceased operation whenever it has failed to complete a course or unit of 1935 |
---|
| 2531 | + | instruction for which the student has paid a tuition fee and, as a result, 1936 |
---|
| 2532 | + | the school's authorization has been revoked pursuant to section 10a-22f, 1937 |
---|
| 2533 | + | as amended by this act. If the [executive director] commissioner finds 1938 |
---|
| 2534 | + | that the applicant is entitled to a refund of tuition because of the 1939 |
---|
| 2535 | + | insolvency or cessation of operation of the school, the [executive 1940 |
---|
| 2536 | + | director] commissioner shall determine the amount of an appropriate 1941 |
---|
| 2537 | + | refund which shall be equal to the tuition paid for the uncompleted 1942 |
---|
| 2538 | + | course or unit of instruction. Thereafter the [executive director] 1943 |
---|
| 2539 | + | commissioner shall direct the State Treasurer to pay, per order of the 1944 |
---|
| 2540 | + | Comptroller, the refund to the applicant or persons, agencies or 1945 |
---|
| 2541 | + | organizations indicated by the applicant who have paid tuition on the 1946 |
---|
| 2542 | + | student's behalf. If the student is a minor, payment shall be made to the 1947 |
---|
| 2543 | + | student's parent, parents or legal guardian. In no event shall a refund be 1948 |
---|
| 2544 | + | made from the student protection account for any financial aid provided 1949 |
---|
| 2545 | + | to or on behalf of any student in accordance with the provisions of Title 1950 |
---|
| 2546 | + | IV, Part B of the Higher Education Act of 1965, as amended from time 1951 |
---|
| 2547 | + | to time. Each recipient of a tuition refund made in accordance with the 1952 |
---|
| 2548 | + | provisions of this section shall assign all rights to the state of any action 1953 |
---|
| 2549 | + | against the school or its owner or owners for tuition amounts 1954 |
---|
| 2550 | + | reimbursed pursuant to this section. Upon such assignment, the state 1955 |
---|
| 2551 | + | may take appropriate action against the school or its owner or owners 1956 |
---|
| 2552 | + | in order to reimburse the student protection account for any expenses 1957 |
---|
| 2553 | + | or claims that are paid from the account and to reimburse the state for 1958 |
---|
| 2554 | + | the reasonable and necessary expenses in undertaking such action. Any 1959 |
---|
| 2555 | + | student who falsifies information on an application for tuition 1960 |
---|
| 2556 | + | Governor's Bill No. 6660 |
---|
| 2557 | + | |
---|
| 2558 | + | |
---|
| 2559 | + | |
---|
| 2560 | + | LCO No. 4030 68 of 165 |
---|
| 2561 | + | |
---|
| 2562 | + | reimbursement shall lose his or her right to any refund from the account. 1961 |
---|
| 2563 | + | Sec. 57. Subsections (e) and (f) of section 10a-34 of the general statutes 1962 |
---|
| 2564 | + | are repealed and the following is substituted in lieu thereof (Effective 1963 |
---|
| 2565 | + | from passage): 1964 |
---|
| 2566 | + | (e) If the [executive director of the Office] Commissioner of Higher 1965 |
---|
| 2567 | + | Education, or the [executive director's] commissioner's designee, 1966 |
---|
| 2568 | + | determines that further review of an application is needed due at least 1967 |
---|
| 2569 | + | in part to the applicant offering instruction in a new program of higher 1968 |
---|
| 2570 | + | learning or new degree level or the financial condition of the institution 1969 |
---|
| 2571 | + | of higher education is determined to be at risk of imminent closure as a 1970 |
---|
| 2572 | + | result of a financial screening conducted pursuant to the provisions of 1971 |
---|
| 2573 | + | section 10a-34h, as amended by this act, then the [executive director] 1972 |
---|
| 2574 | + | commissioner, or the [executive director's] commissioner's designee, 1973 |
---|
| 2575 | + | shall conduct a focused or on-site review. Such applicant shall have an 1974 |
---|
| 2576 | + | opportunity to state any objection regarding any individual selected to 1975 |
---|
| 2577 | + | review an application on behalf of the [executive director] 1976 |
---|
| 2578 | + | commissioner. For purposes of this subsection and subsection (f) of this 1977 |
---|
| 2579 | + | section, "focused review" means a review by an out-of-state curriculum 1978 |
---|
| 2580 | + | expert; and "on-site review" means a full team evaluation by the office 1979 |
---|
| 2581 | + | at the institution of higher education. 1980 |
---|
| 2582 | + | (f) The [executive director of the Office] Commissioner of Higher 1981 |
---|
| 2583 | + | Education, or the [executive director's] commissioner's designee, may 1982 |
---|
| 2584 | + | require (1) a focused or on-site review of any program application in a 1983 |
---|
| 2585 | + | field requiring a license to practice in Connecticut, and (2) evidence that 1984 |
---|
| 2586 | + | a program application in a field requiring a license to practice in 1985 |
---|
| 2587 | + | Connecticut meets the state or federal licensing requirements for such 1986 |
---|
| 2588 | + | license. 1987 |
---|
| 2589 | + | Sec. 58. Section 10a-34a of the general statutes is repealed and the 1988 |
---|
| 2590 | + | following is substituted in lieu thereof (Effective from passage): 1989 |
---|
| 2591 | + | (a) The [executive director of the Office] Commissioner of Higher 1990 |
---|
| 2592 | + | Education may assess any person, school, board, association or 1991 |
---|
| 2593 | + | Governor's Bill No. 6660 |
---|
| 2594 | + | |
---|
| 2595 | + | |
---|
| 2596 | + | |
---|
| 2597 | + | LCO No. 4030 69 of 165 |
---|
| 2598 | + | |
---|
| 2599 | + | corporation which violates any provision of section 10a-34, as amended 1992 |
---|
| 2600 | + | by this act, 10a-34g, as amended by this act, or10a-35 an administrative 1993 |
---|
| 2601 | + | penalty in an amount not to exceed five hundred dollars for each day of 1994 |
---|
| 2602 | + | such violation. 1995 |
---|
| 2603 | + | (b) (1) The [executive director of the Office] Commissioner of Higher 1996 |
---|
| 2604 | + | Education shall serve written notice upon the person, school, board, 1997 |
---|
| 2605 | + | association or corporation when the assessment of such an 1998 |
---|
| 2606 | + | administrative penalty is under consideration. The notice shall set forth 1999 |
---|
| 2607 | + | the reasons for the assessment of the penalty. 2000 |
---|
| 2608 | + | (2) Not later than forty-five days after the [executive director] 2001 |
---|
| 2609 | + | commissioner, or the [executive director's] commissioner's designee, 2002 |
---|
| 2610 | + | mails notice pursuant to subdivision (1) of this subsection to such 2003 |
---|
| 2611 | + | person, school, board, association or corporation, the [executive 2004 |
---|
| 2612 | + | director] commissioner, or the [executive director's] commissioner's 2005 |
---|
| 2613 | + | designee, shall hold a compliance conference with such person, school, 2006 |
---|
| 2614 | + | board, association or corporation. 2007 |
---|
| 2615 | + | (c) If, after the compliance conference pursuant to subsection (b) of 2008 |
---|
| 2616 | + | this section, the [executive director] commissioner determines that 2009 |
---|
| 2617 | + | imposition of the administrative penalty is appropriate, the [executive 2010 |
---|
| 2618 | + | director] commissioner shall issue an order and serve written notice by 2011 |
---|
| 2619 | + | certified mail, return receipt requested upon the person, school, board, 2012 |
---|
| 2620 | + | association or corporation. 2013 |
---|
| 2621 | + | (d) The person, school, board, association or corporation aggrieved 2014 |
---|
| 2622 | + | by the order of the [executive director] commissioner imposing an 2015 |
---|
| 2623 | + | administrative penalty pursuant to subsection (c) of this section shall, 2016 |
---|
| 2624 | + | not later than fifteen days after such order is mailed, request, in writing, 2017 |
---|
| 2625 | + | a hearing before the Office of Higher Education. Such hearing shall be 2018 |
---|
| 2626 | + | held in accordance with the provisions of chapter 54. 2019 |
---|
| 2627 | + | Sec. 59. Section 10a-34b of the general statutes is repealed and the 2020 |
---|
| 2628 | + | following is substituted in lieu thereof (Effective from passage): 2021 |
---|
| 2629 | + | Governor's Bill No. 6660 |
---|
| 2630 | + | |
---|
| 2631 | + | |
---|
| 2632 | + | |
---|
| 2633 | + | LCO No. 4030 70 of 165 |
---|
| 2634 | + | |
---|
| 2635 | + | The [executive director] commissioner, through the Attorney 2022 |
---|
| 2636 | + | General, may seek an order from the Superior Court to prevent any 2023 |
---|
| 2637 | + | violation of sections 10a-34, as amended by this act, 10a-34g, as 2024 |
---|
| 2638 | + | amended by this act, and 10a-35 through the use of an injunction in 2025 |
---|
| 2639 | + | accordance with the provisions of chapter 916. 2026 |
---|
| 2640 | + | Sec. 60. Section 10a-34c of the general statutes is repealed and the 2027 |
---|
| 2641 | + | following is substituted in lieu thereof (Effective from passage): 2028 |
---|
| 2642 | + | The [executive director of the Office] Commissioner of Higher 2029 |
---|
| 2643 | + | Education may conduct an investigation and, through the Attorney 2030 |
---|
| 2644 | + | General, maintain an action in the name of the state against any person, 2031 |
---|
| 2645 | + | school, board, association or corporation to restrain or prevent the 2032 |
---|
| 2646 | + | establishment or operation of an institution that is not authorized to 2033 |
---|
| 2647 | + | award degrees by the Office of Higher Education pursuant to the 2034 |
---|
| 2648 | + | provisions of section 10a-34, as amended by this act. 2035 |
---|
| 2649 | + | Sec. 61. Section 10a-34d of the general statutes is repealed and the 2036 |
---|
| 2650 | + | following is substituted in lieu thereof (Effective from passage): 2037 |
---|
| 2651 | + | The Office of Higher Education, through the Attorney General, may 2038 |
---|
| 2652 | + | petition the superior court for the judicial district of Hartford for the 2039 |
---|
| 2653 | + | enforcement of any order issued by the office or the [executive director] 2040 |
---|
| 2654 | + | commissioner, and for other appropriate relief. The court may issue 2041 |
---|
| 2655 | + | such orders as are appropriate to aid in enforcement. 2042 |
---|
| 2656 | + | Sec. 62. Subsections (a) and (b) of section 10a-34e of the general 2043 |
---|
| 2657 | + | statutes are repealed and the following is substituted in lieu thereof 2044 |
---|
| 2658 | + | (Effective from passage): 2045 |
---|
| 2659 | + | (a) The Office of Higher Education may conduct any necessary 2046 |
---|
| 2660 | + | review, inspection or investigation regarding applications for 2047 |
---|
| 2661 | + | authorization or possible violations of this section, sections 10a-34 to 2048 |
---|
| 2662 | + | 10a-34d, inclusive, as amended by this act, section 10a-34g, as amended 2049 |
---|
| 2663 | + | by this act, or any applicable regulations of Connecticut state agencies. 2050 |
---|
| 2664 | + | In connection with any investigation, the [executive director] 2051 |
---|
| 2665 | + | Governor's Bill No. 6660 |
---|
| 2666 | + | |
---|
| 2667 | + | |
---|
| 2668 | + | |
---|
| 2669 | + | LCO No. 4030 71 of 165 |
---|
| 2670 | + | |
---|
| 2671 | + | commissioner, or the [executive director's] commissioner's designee, 2052 |
---|
| 2672 | + | may administer oaths, issue subpoenas, compel testimony and order the 2053 |
---|
| 2673 | + | production of any record or document. If any person refuses to appear, 2054 |
---|
| 2674 | + | testify or produce any record or document when so ordered, the 2055 |
---|
| 2675 | + | [executive director] commissioner may seek relief pursuant to section 2056 |
---|
| 2676 | + | 10a-34d, as amended by this act. 2057 |
---|
| 2677 | + | (b) If the [executive director of the Office] Commissioner of Higher 2058 |
---|
| 2678 | + | Education determines that an institution of higher education that is not 2059 |
---|
| 2679 | + | regionally accredited is exhibiting financial and administrative 2060 |
---|
| 2680 | + | indicators that such institution is in danger of closing, the [executive 2061 |
---|
| 2681 | + | director] commissioner may require such institution to facilitate a teach-2062 |
---|
| 2682 | + | out, as defined in section 10a-22m, as amended by this act, provided the 2063 |
---|
| 2683 | + | [executive director] commissioner and such institution previously 2064 |
---|
| 2684 | + | discussed a teach-out that ensures that current students of such 2065 |
---|
| 2685 | + | institution are able to complete their programs without significant 2066 |
---|
| 2686 | + | impact. 2067 |
---|
| 2687 | + | Sec. 63. Section 10a-34g of the general statutes is repealed and the 2068 |
---|
| 2688 | + | following is substituted in lieu thereof (Effective from passage): 2069 |
---|
| 2689 | + | (a) On and after January 1, 2020, any for-profit institution of higher 2070 |
---|
| 2690 | + | education licensed to operate in the state that requires any student, as a 2071 |
---|
| 2691 | + | condition of enrollment, to enter into an agreement that (1) limits 2072 |
---|
| 2692 | + | participation in a class action against such institution, (2) limits any 2073 |
---|
| 2693 | + | claim the student may have against such institution or the damages for 2074 |
---|
| 2694 | + | such claim, or (3) requires the student to assert any claim against such 2075 |
---|
| 2695 | + | institution in a forum that is less convenient, more costly or more 2076 |
---|
| 2696 | + | dilatory for the resolution of a dispute than a judicial forum established 2077 |
---|
| 2697 | + | in the state where the student may otherwise properly bring a claim, 2078 |
---|
| 2698 | + | shall include in its application to the Office of Higher Education for 2079 |
---|
| 2699 | + | authorization pursuant to section 10a-34, as amended by this act, a 2080 |
---|
| 2700 | + | statement (A) disclosing the number of claims made against the 2081 |
---|
| 2701 | + | institution, including claims made against a parent organization or 2082 |
---|
| 2702 | + | subsidiary of the institution, by a student currently or formerly enrolled 2083 |
---|
| 2703 | + | Governor's Bill No. 6660 |
---|
| 2704 | + | |
---|
| 2705 | + | |
---|
| 2706 | + | |
---|
| 2707 | + | LCO No. 4030 72 of 165 |
---|
| 2708 | + | |
---|
| 2709 | + | at the institution, (B) a description of the nature of the rights asserted, 2084 |
---|
| 2710 | + | and (C) the status of such claims. The institution shall submit additional 2085 |
---|
| 2711 | + | details regarding such claims as the [executive director of the Office] 2086 |
---|
| 2712 | + | Commissioner of Higher Education may require. 2087 |
---|
| 2713 | + | (b) The [executive director of the Office] Commissioner of Higher 2088 |
---|
| 2714 | + | Education may deny the application for initial or renewed license or 2089 |
---|
| 2715 | + | accreditation of a for-profit institution of higher education or consider a 2090 |
---|
| 2716 | + | for-profit institution of higher education ineligible to receive any public 2091 |
---|
| 2717 | + | funds, including, but not limited to, federal funds administered by the 2092 |
---|
| 2718 | + | office pursuant to section 10a-45 if (1) such institution fails to include 2093 |
---|
| 2719 | + | the statement required under subsection (a) of this section in its 2094 |
---|
| 2720 | + | application, or (2) upon review of such statement, the [executive 2095 |
---|
| 2721 | + | director] commissioner determines that the public policy of protecting 2096 |
---|
| 2722 | + | the interests of students in the state requires such denial. 2097 |
---|
| 2723 | + | Notwithstanding the provisions of subsection (i) of section 10a-34, the 2098 |
---|
| 2724 | + | [executive director] commissioner may deny the accreditation of an 2099 |
---|
| 2725 | + | institution of higher education, for the purposes of this subsection, by 2100 |
---|
| 2726 | + | refusing to accept or withdrawing any previous acceptance of regional 2101 |
---|
| 2727 | + | accreditation made under subsection (i) of said section. 2102 |
---|
| 2728 | + | (c) The [executive director of the Office] Commissioner of Higher 2103 |
---|
| 2729 | + | Education shall have the authority granted under sections 10a-34a, as 2104 |
---|
| 2730 | + | amended by this act, 10a-34b, as amended by this act, and 10a-34e, as 2105 |
---|
| 2731 | + | amended by this act, to investigate and enforce the provisions of 2106 |
---|
| 2732 | + | subsections (a) and (b) of this section. 2107 |
---|
| 2733 | + | Sec. 64. Subsections (b) to (d), inclusive, of section 10a-34h of the 2108 |
---|
| 2734 | + | general statutes are repealed and the following is substituted in lieu 2109 |
---|
| 2735 | + | thereof (Effective from passage): 2110 |
---|
| 2736 | + | (b) The Office of Higher Education shall enter into a memorandum of 2111 |
---|
| 2737 | + | understanding with one or more accrediting agencies to conduct an 2112 |
---|
| 2738 | + | annual financial screening of each independent institution of higher 2113 |
---|
| 2739 | + | education in the state. If an independent institution of higher education 2114 |
---|
| 2740 | + | Governor's Bill No. 6660 |
---|
| 2741 | + | |
---|
| 2742 | + | |
---|
| 2743 | + | |
---|
| 2744 | + | LCO No. 4030 73 of 165 |
---|
| 2745 | + | |
---|
| 2746 | + | does not complete an annual financial screening with an accrediting 2115 |
---|
| 2747 | + | agency, such financial screening shall be conducted by the office in the 2116 |
---|
| 2748 | + | form and manner prescribed by the [executive director of said office] 2117 |
---|
| 2749 | + | Commissioner of Higher Education. The office may determine that an 2118 |
---|
| 2750 | + | independent institution of higher education is at risk of imminent 2119 |
---|
| 2751 | + | closure through (1) a financial screening conducted by the office, or (2) 2120 |
---|
| 2752 | + | acceptance by the office of such determination made by an accrediting 2121 |
---|
| 2753 | + | agency. Upon determining that an independent institution of higher 2122 |
---|
| 2754 | + | education is at risk of imminent closure, the office shall submit a 2123 |
---|
| 2755 | + | summary of the reasons for such determination to such institution. 2124 |
---|
| 2756 | + | (c) Upon receiving a summary from the Office of Higher Education 2125 |
---|
| 2757 | + | that an independent institution of higher education has been 2126 |
---|
| 2758 | + | determined to be at risk of imminent closure, such institution shall 2127 |
---|
| 2759 | + | submit to the office, in the form and manner prescribed by the [executive 2128 |
---|
| 2760 | + | director of said office] Commissioner of Higher Education, (1) notice of 2129 |
---|
| 2761 | + | any known financial liability or risk, (2) any information necessary to 2130 |
---|
| 2762 | + | accurately determine and monitor the institution's financial status and 2131 |
---|
| 2763 | + | risk of imminent closure, and (3) an updated closure plan approved by 2132 |
---|
| 2764 | + | the governing board of such institution pursuant to subsection (c) of 2133 |
---|
| 2765 | + | section 10a-34e. 2134 |
---|
| 2766 | + | (d) If any independent institution of higher education in the state fails 2135 |
---|
| 2767 | + | to comply with the requirements of this section, the [executive director 2136 |
---|
| 2768 | + | of the Office] Commissioner of Higher Education may request the 2137 |
---|
| 2769 | + | suspension of any state funding designated for such institution, 2138 |
---|
| 2770 | + | establish a date to suspend or revoke such institution's degree-granting 2139 |
---|
| 2771 | + | authority or impose such other penalties the [executive director] 2140 |
---|
| 2772 | + | commissioner deems appropriate. 2141 |
---|
| 2773 | + | Sec. 65. Subsections (b) to (d), inclusive, of section 10a-35b of the 2142 |
---|
| 2774 | + | general statutes are repealed and the following is substituted in lieu 2143 |
---|
| 2775 | + | thereof (Effective from passage): 2144 |
---|
| 2776 | + | (b) Not later than January 1, 2023, the [executive director of the Office] 2145 |
---|
| 2777 | + | Governor's Bill No. 6660 |
---|
| 2778 | + | |
---|
| 2779 | + | |
---|
| 2780 | + | |
---|
| 2781 | + | LCO No. 4030 74 of 165 |
---|
| 2782 | + | |
---|
| 2783 | + | Commissioner of Higher Education, in consultation with the advisory 2146 |
---|
| 2784 | + | council established pursuant to subsection (c) of this section, shall create 2147 |
---|
| 2785 | + | a database of credentials offered in the state for the purpose of 2148 |
---|
| 2786 | + | explaining the skills and competencies earned through a credential in 2149 |
---|
| 2787 | + | uniform terms and plain language. In creating the database, the 2150 |
---|
| 2788 | + | [executive director] commissioner shall utilize the minimum data policy 2151 |
---|
| 2789 | + | of the New England Board of Higher Education's High Value 2152 |
---|
| 2790 | + | Credentials for New England initiative, the uniform terms and 2153 |
---|
| 2791 | + | descriptions of Credentials Engine's Credential Transparency 2154 |
---|
| 2792 | + | Description Language and the uniform standards for comparing and 2155 |
---|
| 2793 | + | linking credentials in Credential Engine's Credential Transparency 2156 |
---|
| 2794 | + | Description Language-Achievement Standards Network. At a 2157 |
---|
| 2795 | + | minimum, the database shall include the following information for each 2158 |
---|
| 2796 | + | credential: (1) Credential status type, (2) the entity that owns or offers 2159 |
---|
| 2797 | + | the credential, (3) the type of credential being offered, (4) a short 2160 |
---|
| 2798 | + | description of the credential, (5) the name of the credential, (6) the 2161 |
---|
| 2799 | + | Internet web site that provides information relating to the credential, (7) 2162 |
---|
| 2800 | + | the language in which the credential is offered, (8) the estimated 2163 |
---|
| 2801 | + | duration for completion, (9) the industry related to the credential which 2164 |
---|
| 2802 | + | may include its code under the North American Industry Classification 2165 |
---|
| 2803 | + | System, (10) the occupation related to the credential which may include 2166 |
---|
| 2804 | + | its code under the standard occupational classification system of the 2167 |
---|
| 2805 | + | Bureau of Labor Statistics of the United States Department of Labor or 2168 |
---|
| 2806 | + | under The Occupational Information Network, (11) the estimated cost 2169 |
---|
| 2807 | + | for earning the credential, and (12) a listing of online or physical 2170 |
---|
| 2808 | + | locations where the credential is offered. 2171 |
---|
| 2809 | + | (c) There is established an advisory council for the purpose of 2172 |
---|
| 2810 | + | advising the [executive director of the Office] Commissioner of Higher 2173 |
---|
| 2811 | + | Education on the implementation of the database created pursuant to 2174 |
---|
| 2812 | + | subsection (b) of this section. The advisory council shall consist of (1) 2175 |
---|
| 2813 | + | representatives from the Office of Workforce Strategy, Office of Higher 2176 |
---|
| 2814 | + | Education, Office of Policy and Management, Labor Department, 2177 |
---|
| 2815 | + | Department of Education, Connecticut State Colleges and Universities, 2178 |
---|
| 2816 | + | Governor's Bill No. 6660 |
---|
| 2817 | + | |
---|
| 2818 | + | |
---|
| 2819 | + | |
---|
| 2820 | + | LCO No. 4030 75 of 165 |
---|
| 2821 | + | |
---|
| 2822 | + | The University of Connecticut and independent institutions of higher 2179 |
---|
| 2823 | + | education, and (2) the Chief Data Officer, or such officer's designee. The 2180 |
---|
| 2824 | + | Chief Workforce Officer, the Chief Data Officer and the [executive 2181 |
---|
| 2825 | + | director of the Office] Commissioner of Higher Education, or their 2182 |
---|
| 2826 | + | designees, shall be cochairpersons of the advisory council and shall 2183 |
---|
| 2827 | + | schedule the meetings of the advisory council. 2184 |
---|
| 2828 | + | (d) Not later than July 1, 2024, and annually thereafter, each regional 2185 |
---|
| 2829 | + | workforce development board, community action agency, as defined in 2186 |
---|
| 2830 | + | section 17b-885, institution of higher education, private career school, 2187 |
---|
| 2831 | + | provider of an alternate route to certification program approved by the 2188 |
---|
| 2832 | + | State Board of Education, and provider of a training program listed on 2189 |
---|
| 2833 | + | the Labor Department's Eligible Training Provider List shall submit 2190 |
---|
| 2834 | + | information, in the form and manner prescribed by the [executive 2191 |
---|
| 2835 | + | director of the Office] Commissioner of Higher Education, about any 2192 |
---|
| 2836 | + | credential offered by such institution, school or provider for inclusion 2193 |
---|
| 2837 | + | in the database created pursuant to subsection (b) of this section. Such 2194 |
---|
| 2838 | + | information shall include, but need not be limited to, the data described 2195 |
---|
| 2839 | + | in subdivisions (1) to (12), inclusive, of subsection (b) of this section, 2196 |
---|
| 2840 | + | except an institution of higher education may omit the data required 2197 |
---|
| 2841 | + | pursuant to subdivisions (6), (9) and (10) of subsection (b) of this section 2198 |
---|
| 2842 | + | if such data is not applicable to a credential offered by such institution. 2199 |
---|
| 2843 | + | Sec. 66. Subsection (a) of section 10a-35c of the general statutes is 2200 |
---|
| 2844 | + | repealed and the following is substituted in lieu thereof (Effective from 2201 |
---|
| 2845 | + | passage): 2202 |
---|
| 2846 | + | (a) The Office of Workforce Strategy, established pursuant to section 2203 |
---|
| 2847 | + | 4-124w, as amended by this act, shall, in consultation with the Chief 2204 |
---|
| 2848 | + | Data Officer, the Board of Trustees of The University of Connecticut, the 2205 |
---|
| 2849 | + | Board of Regents for Higher Education, the Labor Commissioner, the 2206 |
---|
| 2850 | + | Commissioner of Education, the [executive director of the Office] 2207 |
---|
| 2851 | + | Commissioner of Higher Education or any other stakeholder as 2208 |
---|
| 2852 | + | identified by the Chief Workforce Officer, establish standards for 2209 |
---|
| 2853 | + | designating certain credentials, as defined in section 10a-34h, as 2210 |
---|
| 2854 | + | Governor's Bill No. 6660 |
---|
| 2855 | + | |
---|
| 2856 | + | |
---|
| 2857 | + | |
---|
| 2858 | + | LCO No. 4030 76 of 165 |
---|
| 2859 | + | |
---|
| 2860 | + | amended by this act, as credentials of value. Such standards may 2211 |
---|
| 2861 | + | include, but need not be limited to, meeting the workforce needs of 2212 |
---|
| 2862 | + | employers in the state, completion rates, net cost, whether the credential 2213 |
---|
| 2863 | + | transfers to or stacks onto another credential of value, average time to 2214 |
---|
| 2864 | + | completion, types of employment opportunities available upon 2215 |
---|
| 2865 | + | completion and earnings upon completion. The Office of Workforce 2216 |
---|
| 2866 | + | Strategy shall not require the submission of an application or any other 2217 |
---|
| 2867 | + | information from a provider of a credential for such credential to be 2218 |
---|
| 2868 | + | designated a credential of value. 2219 |
---|
| 2869 | + | Sec. 67. Subsections (b) to (d), inclusive, of section 10a-44d of the 2220 |
---|
| 2870 | + | general statutes are repealed and the following is substituted in lieu 2221 |
---|
| 2871 | + | thereof (Effective from passage): 2222 |
---|
| 2872 | + | (b) There is established the Connecticut Open Educational Resource 2223 |
---|
| 2873 | + | Coordinating Council, which shall be part of the Executive Department. 2224 |
---|
| 2874 | + | The [executive director of the Office] Commissioner of Higher 2225 |
---|
| 2875 | + | Education shall appoint the members of the council which shall consist 2226 |
---|
| 2876 | + | of the following: (1) A state-wide coordinator, who shall collaborate 2227 |
---|
| 2877 | + | with all institutions of higher education to promote open educational 2228 |
---|
| 2878 | + | resources and administer grants; (2) one faculty member, one 2229 |
---|
| 2879 | + | administrator and one staff member from The University of 2230 |
---|
| 2880 | + | Connecticut; (3) one faculty member, one administrator and one staff 2231 |
---|
| 2881 | + | member from the regional community-technical college system; (4) one 2232 |
---|
| 2882 | + | faculty member, one administrator and one staff member from Charter 2233 |
---|
| 2883 | + | Oak State College; (5) one faculty member, one administrator and one 2234 |
---|
| 2884 | + | staff member from the Connecticut State University System; (6) one 2235 |
---|
| 2885 | + | faculty member, one administrator and one staff member from the 2236 |
---|
| 2886 | + | independent institutions of higher education; and (7) one student from 2237 |
---|
| 2887 | + | any public or independent institution of higher education in the state. 2238 |
---|
| 2888 | + | All initial appointments to the council shall be made not later than 2239 |
---|
| 2889 | + | September 1, 2019, and shall expire on August 30, 2022, regardless of 2240 |
---|
| 2890 | + | when the initial appointment was made. Any member of the council 2241 |
---|
| 2891 | + | may serve more than one term. 2242 |
---|
| 2892 | + | Governor's Bill No. 6660 |
---|
| 2893 | + | |
---|
| 2894 | + | |
---|
| 2895 | + | |
---|
| 2896 | + | LCO No. 4030 77 of 165 |
---|
| 2897 | + | |
---|
| 2898 | + | (c) The state-wide coordinator appointed by the [executive director 2243 |
---|
| 2899 | + | of the Office] Commissioner of Higher Education shall serve as the 2244 |
---|
| 2900 | + | chairperson of the council. The chairperson shall schedule the first 2245 |
---|
| 2901 | + | meeting of the council, which shall be held not later than October 1, 2246 |
---|
| 2902 | + | 2019. The administrative staff of the Office of Higher Education shall 2247 |
---|
| 2903 | + | serve as administrative staff of the council. 2248 |
---|
| 2904 | + | (d) Appointed members of the council shall serve for three-year terms 2249 |
---|
| 2905 | + | which shall commence on the date of appointment, except as provided 2250 |
---|
| 2906 | + | in subsection (b) of this section. Members shall continue to serve until 2251 |
---|
| 2907 | + | their successors are appointed. Any vacancy shall be filled by the 2252 |
---|
| 2908 | + | [executive director of the Office] Commissioner of Higher Education. 2253 |
---|
| 2909 | + | Any vacancy occurring other than by expiration of term shall be filled 2254 |
---|
| 2910 | + | for the balance of the unexpired term. A majority of the council shall 2255 |
---|
| 2911 | + | constitute a quorum for the transaction of any business. The members 2256 |
---|
| 2912 | + | of the council shall serve without compensation, but shall, within the 2257 |
---|
| 2913 | + | limits of available funds, be reimbursed for expenses necessarily 2258 |
---|
| 2914 | + | incurred in the performance of their duties. 2259 |
---|
| 2915 | + | Sec. 68. Subsection (c) of section 10a-48 of the general statutes is 2260 |
---|
| 2916 | + | repealed and the following is substituted in lieu thereof (Effective from 2261 |
---|
| 2917 | + | passage): 2262 |
---|
| 2918 | + | (c) There is established a Connecticut Campus Compact for Student 2263 |
---|
| 2919 | + | Community Service to review opportunities and initiatives for, and 2264 |
---|
| 2920 | + | develop plans to encourage and support, student community service 2265 |
---|
| 2921 | + | programs at institutions of higher education in the state or which 2266 |
---|
| 2922 | + | involve cooperation and coordination among such institutions. The 2267 |
---|
| 2923 | + | compact shall be composed of the chief executive officer or president of 2268 |
---|
| 2924 | + | each public and independent institution of higher education in the state 2269 |
---|
| 2925 | + | and the [executive director of the Office] Commissioner of Higher 2270 |
---|
| 2926 | + | Education, or their designees. On or before October 1, 1989, and at least 2271 |
---|
| 2927 | + | annually thereafter, the [executive director of the Office] Commissioner 2272 |
---|
| 2928 | + | of Higher Education shall convene the members of the compact. 2273 |
---|
| 2929 | + | Governor's Bill No. 6660 |
---|
| 2930 | + | |
---|
| 2931 | + | |
---|
| 2932 | + | |
---|
| 2933 | + | LCO No. 4030 78 of 165 |
---|
| 2934 | + | |
---|
| 2935 | + | Sec. 69. Section 10a-48b of the general statutes is repealed and the 2274 |
---|
| 2936 | + | following is substituted in lieu thereof (Effective from passage): 2275 |
---|
| 2937 | + | The Office of Higher Education may, within the limits of available 2276 |
---|
| 2938 | + | appropriations, provide grants on a competitive basis to public and 2277 |
---|
| 2939 | + | nonprofit service entities seeking to participate in the federal National 2278 |
---|
| 2940 | + | and Community Service Trust Program pursuant to 42 USC 12501 et 2279 |
---|
| 2941 | + | seq., in order to assist such service entities in meeting federal matching 2280 |
---|
| 2942 | + | fund requirements for service placements, provided no grant shall 2281 |
---|
| 2943 | + | exceed one-half of the federally unreimbursed cost to the service entity 2282 |
---|
| 2944 | + | for providing such placements. Applications for grants pursuant to this 2283 |
---|
| 2945 | + | section shall be made at such time and in such manner as the [executive 2284 |
---|
| 2946 | + | director of the Office] Commissioner of Higher Education prescribes. 2285 |
---|
| 2947 | + | Sec. 70. Section 10a-55y of the general statutes is repealed and the 2286 |
---|
| 2948 | + | following is substituted in lieu thereof (Effective from passage): 2287 |
---|
| 2949 | + | The [executive director of the Office] Commissioner of Higher 2288 |
---|
| 2950 | + | Education and the Commissioner of Mental Health and Addiction 2289 |
---|
| 2951 | + | Services, in consultation with an epidemiologist or other specialist with 2290 |
---|
| 2952 | + | expertise in mental health issues at institutions of higher education, may 2291 |
---|
| 2953 | + | jointly offer training workshops for the campus mental health coalitions 2292 |
---|
| 2954 | + | established pursuant to section 10a-55x regarding best practices for the 2293 |
---|
| 2955 | + | assessment and provision of mental health services and programming 2294 |
---|
| 2956 | + | at institutions of higher education. 2295 |
---|
| 2957 | + | Sec. 71. Section 10a-57 of the general statutes is repealed and the 2296 |
---|
| 2958 | + | following is substituted in lieu thereof (Effective from passage): 2297 |
---|
| 2959 | + | The [executive director of the Office] Commissioner of Higher 2298 |
---|
| 2960 | + | Education shall report on or before March 1, 2013, and annually 2299 |
---|
| 2961 | + | thereafter, in accordance with the provisions of section 11-4a, to the joint 2300 |
---|
| 2962 | + | standing committees of the General Assembly having cognizance of 2301 |
---|
| 2963 | + | matters relating to higher education and appropriations and the 2302 |
---|
| 2964 | + | budgets of state agencies on state, regional and national trends 2303 |
---|
| 2965 | + | regarding Connecticut higher education, including, but not limited to, 2304 |
---|
| 2966 | + | Governor's Bill No. 6660 |
---|
| 2967 | + | |
---|
| 2968 | + | |
---|
| 2969 | + | |
---|
| 2970 | + | LCO No. 4030 79 of 165 |
---|
| 2971 | + | |
---|
| 2972 | + | expenditures, funding, enrollment, faculty and staff positions, cost 2305 |
---|
| 2973 | + | sharing and student financial aid. The Office of Higher Education shall 2306 |
---|
| 2974 | + | collect such data and information as it deems necessary for the 2307 |
---|
| 2975 | + | development of such annual report. 2308 |
---|
| 2976 | + | Sec. 72. Subdivision (2) of subsection (a) of section 10a-77a of the 2309 |
---|
| 2977 | + | general statutes is repealed and the following is substituted in lieu 2310 |
---|
| 2978 | + | thereof (Effective from passage): 2311 |
---|
| 2979 | + | (2) (A) For each of the fiscal years ending June 30, 2000, to June 30, 2312 |
---|
| 2980 | + | 2006, inclusive, as part of the state contract with donors of endowment 2313 |
---|
| 2981 | + | fund eligible gifts, the Office of Higher Education, in accordance with 2314 |
---|
| 2982 | + | section 10a-8b, shall deposit in the Endowment Fund for the 2315 |
---|
| 2983 | + | Community-Technical College System a grant in an amount equal to 2316 |
---|
| 2984 | + | half of the total amount of endowment fund eligible gifts received by or 2317 |
---|
| 2985 | + | for the benefit of the community-technical college system as a whole and 2318 |
---|
| 2986 | + | each regional community-technical college for the calendar year ending 2319 |
---|
| 2987 | + | the December thirty-first preceding the commencement of such fiscal 2320 |
---|
| 2988 | + | year, as certified by the chairperson of the board of trustees by February 2321 |
---|
| 2989 | + | fifteenth to (i) the Secretary of the Office of Policy and Management, (ii) 2322 |
---|
| 2990 | + | the joint standing committee of the General Assembly having 2323 |
---|
| 2991 | + | cognizance of matters relating to appropriations and the budgets of state 2324 |
---|
| 2992 | + | agencies, and (iii) the [executive director of the Office] Commissioner of 2325 |
---|
| 2993 | + | Higher Education, provided such sums do not exceed the endowment 2326 |
---|
| 2994 | + | fund state grant maximum commitment for the fiscal year in which the 2327 |
---|
| 2995 | + | grant is made. 2328 |
---|
| 2996 | + | (B) For each of the fiscal years ending June 30, 2007, to June 30, 2014, 2329 |
---|
| 2997 | + | inclusive, as part of the state contract with donors of endowment fund 2330 |
---|
| 2998 | + | eligible gifts, the Office of Higher Education, in accordance with section 2331 |
---|
| 2999 | + | 10a-8b, shall deposit in the Endowment Fund for the Community-2332 |
---|
| 3000 | + | Technical College System a grant in an amount equal to one-quarter of 2333 |
---|
| 3001 | + | the total amount of endowment fund eligible gifts, except as provided 2334 |
---|
| 3002 | + | in this subdivision, received by or for the benefit of the community-2335 |
---|
| 3003 | + | technical college system as a whole and each regional community-2336 |
---|
| 3004 | + | Governor's Bill No. 6660 |
---|
| 3005 | + | |
---|
| 3006 | + | |
---|
| 3007 | + | |
---|
| 3008 | + | LCO No. 4030 80 of 165 |
---|
| 3009 | + | |
---|
| 3010 | + | technical college for the calendar year ending the December thirty-first 2337 |
---|
| 3011 | + | preceding the commencement of such fiscal year, as certified by the 2338 |
---|
| 3012 | + | chairperson of the board of trustees by February fifteenth to (i) the 2339 |
---|
| 3013 | + | Secretary of the Office of Policy and Management, (ii) the joint standing 2340 |
---|
| 3014 | + | committee of the General Assembly having cognizance of matters 2341 |
---|
| 3015 | + | relating to appropriations and the budgets of state agencies, and (iii) the 2342 |
---|
| 3016 | + | [executive director of the Office] Commissioner of Higher Education, 2343 |
---|
| 3017 | + | provided such sums do not exceed the endowment fund state grant 2344 |
---|
| 3018 | + | maximum commitment for the fiscal year in which the grant is made. 2345 |
---|
| 3019 | + | Endowment fund eligible gifts that meet the criteria set forth in this 2346 |
---|
| 3020 | + | subdivision, made by donors during the period from January 1, 2005, to 2347 |
---|
| 3021 | + | June 30, 2005, shall continue to be matched by the Office of Higher 2348 |
---|
| 3022 | + | Education in an amount equal to one-half of the total amount of 2349 |
---|
| 3023 | + | endowment fund eligible gifts received. Commitments by donors to 2350 |
---|
| 3024 | + | make endowment fund eligible gifts for two or more years that meet the 2351 |
---|
| 3025 | + | criteria set forth in this subdivision and that are made for the period 2352 |
---|
| 3026 | + | prior to December 31, 2004, but ending before December 31, 2012, shall 2353 |
---|
| 3027 | + | continue to be matched by the Office of Higher Education in an amount 2354 |
---|
| 3028 | + | equal to one-half of the total amount of endowment fund eligible gifts 2355 |
---|
| 3029 | + | received through the commitment. 2356 |
---|
| 3030 | + | (C) In any such fiscal year in which the total of the eligible gifts 2357 |
---|
| 3031 | + | received by the community-technical colleges exceeds the endowment 2358 |
---|
| 3032 | + | fund state grant maximum commitment for such fiscal year the amount 2359 |
---|
| 3033 | + | in excess of such endowment fund state grant maximum commitment 2360 |
---|
| 3034 | + | shall be carried forward and be eligible for a matching state grant in any 2361 |
---|
| 3035 | + | succeeding fiscal year from the fiscal year ending June 30, 2000, to the 2362 |
---|
| 3036 | + | fiscal year ending June 30, 2014, inclusive, subject to the endowment 2363 |
---|
| 3037 | + | fund state grant maximum commitment. Any endowment fund eligible 2364 |
---|
| 3038 | + | gifts that are not included in the total amount of endowment fund 2365 |
---|
| 3039 | + | eligible gifts certified by the chairperson of the board of trustees 2366 |
---|
| 3040 | + | pursuant to this subdivision may be carried forward and be eligible for 2367 |
---|
| 3041 | + | a matching state grant in any succeeding fiscal year from the fiscal year 2368 |
---|
| 3042 | + | ending June 30, 2000, to the fiscal year ending June 30, 2014, inclusive, 2369 |
---|
| 3043 | + | Governor's Bill No. 6660 |
---|
| 3044 | + | |
---|
| 3045 | + | |
---|
| 3046 | + | |
---|
| 3047 | + | LCO No. 4030 81 of 165 |
---|
| 3048 | + | |
---|
| 3049 | + | subject to the endowment fund state matching grant commitment for 2370 |
---|
| 3050 | + | such fiscal year. 2371 |
---|
| 3051 | + | Sec. 73. Subdivision (2) of subsection (a) of section 10a-99a of the 2372 |
---|
| 3052 | + | general statutes is repealed and the following is substituted in lieu 2373 |
---|
| 3053 | + | thereof (Effective from passage): 2374 |
---|
| 3054 | + | (2) (A) For each of the fiscal years ending June 30, 2000, to June 30, 2375 |
---|
| 3055 | + | 2006, inclusive, as part of the state contract with donors of endowment 2376 |
---|
| 3056 | + | fund eligible gifts, the Office of Higher Education, in accordance with 2377 |
---|
| 3057 | + | section 10a-8b, shall deposit in the Endowment Fund for the 2378 |
---|
| 3058 | + | Connecticut State University System a grant in an amount equal to half 2379 |
---|
| 3059 | + | of the total amount of endowment fund eligible gifts received by or for 2380 |
---|
| 3060 | + | the benefit of the Connecticut State University System as a whole and 2381 |
---|
| 3061 | + | each state university for the calendar year ending the December thirty-2382 |
---|
| 3062 | + | first preceding the commencement of such fiscal year, as certified by the 2383 |
---|
| 3063 | + | chairperson of the board of trustees by February fifteenth to (i) the 2384 |
---|
| 3064 | + | Secretary of the Office of Policy and Management, (ii) the joint standing 2385 |
---|
| 3065 | + | committee of the General Assembly having cognizance of matters 2386 |
---|
| 3066 | + | relating to appropriations and the budgets of state agencies, and (iii) the 2387 |
---|
| 3067 | + | [executive director of the Office] Commissioner of Higher Education, 2388 |
---|
| 3068 | + | provided such sums do not exceed the endowment fund state grant 2389 |
---|
| 3069 | + | maximum commitment for the fiscal year in which the grant is made. 2390 |
---|
| 3070 | + | (B) For each of the fiscal years ending June 30, 2007, to June 30, 2014, 2391 |
---|
| 3071 | + | inclusive, as part of the state contract with donors of endowment fund 2392 |
---|
| 3072 | + | eligible gifts, the Office of Higher Education, in accordance with section 2393 |
---|
| 3073 | + | 10a-8b, shall deposit in the Endowment Fund for the Connecticut State 2394 |
---|
| 3074 | + | University System a grant in an amount equal to one-quarter of the total 2395 |
---|
| 3075 | + | amount of endowment fund eligible gifts, except as provided for in this 2396 |
---|
| 3076 | + | subdivision, received by or for the benefit of the Connecticut State 2397 |
---|
| 3077 | + | University System as a whole and each state university for the calendar 2398 |
---|
| 3078 | + | year ending the December thirty-first preceding the commencement of 2399 |
---|
| 3079 | + | such fiscal year, as certified by the chairperson of the board of trustees 2400 |
---|
| 3080 | + | by February fifteenth to (i) the Secretary of the Office of Policy and 2401 |
---|
| 3081 | + | Governor's Bill No. 6660 |
---|
| 3082 | + | |
---|
| 3083 | + | |
---|
| 3084 | + | |
---|
| 3085 | + | LCO No. 4030 82 of 165 |
---|
| 3086 | + | |
---|
| 3087 | + | Management, (ii) the joint standing committee of the General Assembly 2402 |
---|
| 3088 | + | having cognizance of matters relating to appropriations and the budgets 2403 |
---|
| 3089 | + | of state agencies, and (iii) the [executive director of the Office] 2404 |
---|
| 3090 | + | Commissioner of Higher Education, provided such sums do not exceed 2405 |
---|
| 3091 | + | the endowment fund state grant maximum commitment for the fiscal 2406 |
---|
| 3092 | + | year in which the grant is made. Endowment fund eligible gifts that 2407 |
---|
| 3093 | + | meet the criteria set forth in this subdivision, made by donors during 2408 |
---|
| 3094 | + | the period from January 1, 2005, to June 30, 2005, shall continue to be 2409 |
---|
| 3095 | + | matched by the Office of Higher Education in an amount equal to one-2410 |
---|
| 3096 | + | half of the total amount of endowment fund eligible gifts received. 2411 |
---|
| 3097 | + | Commitments by donors to make endowment fund eligible gifts for two 2412 |
---|
| 3098 | + | or more years that meet the criteria set forth in this subdivision and that 2413 |
---|
| 3099 | + | are made for the period prior to December 31, 2004, but ending before 2414 |
---|
| 3100 | + | December 31, 2012, shall continue to be matched by the Office of Higher 2415 |
---|
| 3101 | + | Education in an amount equal to one-half of the total amount of 2416 |
---|
| 3102 | + | endowment fund eligible gifts received. 2417 |
---|
| 3103 | + | (C) In any such fiscal year in which the total of the eligible gifts 2418 |
---|
| 3104 | + | received by the Connecticut State University System as a whole and 2419 |
---|
| 3105 | + | each state university exceed the endowment fund state grant maximum 2420 |
---|
| 3106 | + | commitment for such fiscal year the amount in excess of such 2421 |
---|
| 3107 | + | endowment fund state grant maximum commitment shall be carried 2422 |
---|
| 3108 | + | forward and be eligible for a matching state grant in any succeeding 2423 |
---|
| 3109 | + | fiscal year from the fiscal year ending June 30, 2000, to the fiscal year 2424 |
---|
| 3110 | + | ending June 30, 2014, inclusive, subject to the endowment fund state 2425 |
---|
| 3111 | + | grant maximum commitment. Any endowment fund eligible gifts that 2426 |
---|
| 3112 | + | are not included in the total amount of endowment fund eligible gifts 2427 |
---|
| 3113 | + | certified by the chairperson of the board of trustees pursuant to this 2428 |
---|
| 3114 | + | subdivision may be carried forward and be eligible for a matching state 2429 |
---|
| 3115 | + | grant in any succeeding fiscal year from the fiscal year ending June 30, 2430 |
---|
| 3116 | + | 2000, to the fiscal year ending June 30, 2014, inclusive, subject to the 2431 |
---|
| 3117 | + | endowment fund state matching grant maximum commitment for such 2432 |
---|
| 3118 | + | fiscal year. 2433 |
---|
| 3119 | + | Sec. 74. Subsection (a) of section 10a-104 of the general statutes is 2434 |
---|
| 3120 | + | Governor's Bill No. 6660 |
---|
| 3121 | + | |
---|
| 3122 | + | |
---|
| 3123 | + | |
---|
| 3124 | + | LCO No. 4030 83 of 165 |
---|
| 3125 | + | |
---|
| 3126 | + | repealed and the following is substituted in lieu thereof (Effective from 2435 |
---|
| 3127 | + | passage): 2436 |
---|
| 3128 | + | (a) The Board of Trustees of The University of Connecticut shall: (1) 2437 |
---|
| 3129 | + | Make rules for the government of the university and shall determine the 2438 |
---|
| 3130 | + | general policies of the university, including those concerning the 2439 |
---|
| 3131 | + | admission of students and the establishment of schools, colleges, 2440 |
---|
| 3132 | + | divisions and departments, which policies shall be consistent with the 2441 |
---|
| 3133 | + | goals identified in section 10a-11c, and shall direct the expenditure of 2442 |
---|
| 3134 | + | the university's funds within the amounts available; (2) develop the 2443 |
---|
| 3135 | + | mission statement for The University of Connecticut, and all campuses 2444 |
---|
| 3136 | + | thereof, that shall be consistent with such goals and include, but not be 2445 |
---|
| 3137 | + | limited to, the following elements: (A) The educational needs of and 2446 |
---|
| 3138 | + | constituencies served by said university and campuses; (B) the degrees 2447 |
---|
| 3139 | + | offered by said university; and (C) the role and scope of each institution 2448 |
---|
| 3140 | + | and campus within the university system, which shall include each 2449 |
---|
| 3141 | + | institution's and campus' particular strengths and specialties; (3) 2450 |
---|
| 3142 | + | establish policies for the university system and for the individual 2451 |
---|
| 3143 | + | institutions and campuses under its jurisdiction; (4) review and approve 2452 |
---|
| 3144 | + | recommendations for the establishment of new academic programs; (5) 2453 |
---|
| 3145 | + | report all new programs and program changes to the Office of Higher 2454 |
---|
| 3146 | + | Education; (6) make recommendations, when appropriate, regarding 2455 |
---|
| 3147 | + | institutional or campus mergers or closures; (7) coordinate the programs 2456 |
---|
| 3148 | + | and services of the institutions and campuses under its jurisdiction; (8) 2457 |
---|
| 3149 | + | be authorized to enter into agreements, consistent with the provisions 2458 |
---|
| 3150 | + | of section 5-141d, to save harmless and indemnify sponsors of research 2459 |
---|
| 3151 | + | grants to The University of Connecticut, provided such an agreement is 2460 |
---|
| 3152 | + | required to receive the grant and limits liability to damages or injury 2461 |
---|
| 3153 | + | resulting from acts or omissions related to such research by employees 2462 |
---|
| 3154 | + | of the university; (9) promote fund-raising to assist the university and 2463 |
---|
| 3155 | + | report to the [executive director of the Office] Commissioner of Higher 2464 |
---|
| 3156 | + | Education and the joint standing committee of the General Assembly 2465 |
---|
| 3157 | + | having cognizance of matters relating to education by January 1, 1994, 2466 |
---|
| 3158 | + | and biennially thereafter, on such fund-raising; (10) charge the direct 2467 |
---|
| 3159 | + | Governor's Bill No. 6660 |
---|
| 3160 | + | |
---|
| 3161 | + | |
---|
| 3162 | + | |
---|
| 3163 | + | LCO No. 4030 84 of 165 |
---|
| 3164 | + | |
---|
| 3165 | + | costs for a building project under its jurisdiction to the bond fund 2468 |
---|
| 3166 | + | account for such project, provided (A) such costs are charged in 2469 |
---|
| 3167 | + | accordance with a procedure approved by the Treasurer and (B) nothing 2470 |
---|
| 3168 | + | in this subdivision shall permit the charging of working capital costs, as 2471 |
---|
| 3169 | + | defined in the applicable provisions of the Internal Revenue Code of 2472 |
---|
| 3170 | + | 1986, or any subsequent corresponding internal revenue code of the 2473 |
---|
| 3171 | + | United States, as from time to time amended, or costs originally paid 2474 |
---|
| 3172 | + | from sources other than the bond fund account; (11) exercise the powers 2475 |
---|
| 3173 | + | delegated to it pursuant to section 10a-109d; and (12) establish by 2476 |
---|
| 3174 | + | October 1, 1997, policies governing the acceptance of gifts made by a 2477 |
---|
| 3175 | + | foundation established pursuant to sections 4-37e and 4-37f to the 2478 |
---|
| 3176 | + | university or its employees for reimbursement of expenditures or 2479 |
---|
| 3177 | + | payment of expenditures on behalf of the university or its employees. 2480 |
---|
| 3178 | + | Sec. 75. Subdivision (2) of subsection (b) of section 10a-109i of the 2481 |
---|
| 3179 | + | general statutes is repealed and the following is substituted in lieu 2482 |
---|
| 3180 | + | thereof (Effective from passage): 2483 |
---|
| 3181 | + | (2) (A) For each of the fiscal years ending June 30, 1999, to June 30, 2484 |
---|
| 3182 | + | 2006, inclusive, as part of the state contract with donors of endowment 2485 |
---|
| 3183 | + | fund eligible gifts, the Office of Higher Education, in accordance with 2486 |
---|
| 3184 | + | section 10a-8b, shall deposit in the endowment fund for the university a 2487 |
---|
| 3185 | + | grant in an amount equal to half of the total amount of endowment fund 2488 |
---|
| 3186 | + | eligible gifts, except as provided in this subparagraph, received by the 2489 |
---|
| 3187 | + | university or for the benefit of the university for the calendar year 2490 |
---|
| 3188 | + | ending the December thirty-first preceding the commencement of such 2491 |
---|
| 3189 | + | fiscal year, as certified by the chairperson of the board of trustees by 2492 |
---|
| 3190 | + | February fifteenth to (i) the Secretary of the Office of Policy and 2493 |
---|
| 3191 | + | Management, (ii) the joint standing committee of the General Assembly 2494 |
---|
| 3192 | + | having cognizance of matters relating to appropriations and the budgets 2495 |
---|
| 3193 | + | of state agencies, and (iii) the [executive director of the Office] 2496 |
---|
| 3194 | + | Commissioner of Higher Education, provided such sums do not exceed 2497 |
---|
| 3195 | + | the endowment fund state grant maximum commitment for the fiscal 2498 |
---|
| 3196 | + | year in which the grant is made. For the fiscal years ending June 30, 1999, 2499 |
---|
| 3197 | + | and June 30, 2000, the Office of Higher Education shall deposit in the 2500 |
---|
| 3198 | + | Governor's Bill No. 6660 |
---|
| 3199 | + | |
---|
| 3200 | + | |
---|
| 3201 | + | |
---|
| 3202 | + | LCO No. 4030 85 of 165 |
---|
| 3203 | + | |
---|
| 3204 | + | endowment fund for the university grants in total amounts which shall 2501 |
---|
| 3205 | + | not exceed the endowment fund state grant, as defined in subdivision 2502 |
---|
| 3206 | + | (7) of section 10a-109c of the general statutes, revision of 1958, revised 2503 |
---|
| 3207 | + | to January 1, 1997, and which shall be equal to the amounts certified by 2504 |
---|
| 3208 | + | the chairperson of the board of trustees for each such fiscal year of 2505 |
---|
| 3209 | + | endowment fund eligible gifts received by the university or for the 2506 |
---|
| 3210 | + | benefit of the university and for which written commitments were made 2507 |
---|
| 3211 | + | prior to July 1, 1997. For the fiscal year ending June 30, 1999, the funds 2508 |
---|
| 3212 | + | required to be deposited in the endowment fund pursuant to this 2509 |
---|
| 3213 | + | subparagraph shall be appropriated to the university for such purpose 2510 |
---|
| 3214 | + | and not appropriated to the fund established pursuant to section 10a-2511 |
---|
| 3215 | + | 8b. 2512 |
---|
| 3216 | + | (B) For each of the fiscal years ending June 30, 2007, to June 30, 2014, 2513 |
---|
| 3217 | + | inclusive, as part of the state contract with donors of endowment fund 2514 |
---|
| 3218 | + | eligible gifts, the Office of Higher Education, in accordance with section 2515 |
---|
| 3219 | + | 10a-8b, shall deposit in the endowment fund for the university a grant 2516 |
---|
| 3220 | + | in an amount equal to one-quarter of the total amount of endowment 2517 |
---|
| 3221 | + | fund eligible gifts, except as provided in this subdivision, received by 2518 |
---|
| 3222 | + | the university or for the benefit of the university for the calendar year 2519 |
---|
| 3223 | + | ending the December thirty-first preceding the commencement of such 2520 |
---|
| 3224 | + | fiscal year, as certified by the chairperson of the board of trustees by 2521 |
---|
| 3225 | + | February fifteenth to (i) the Secretary of the Office of Policy and 2522 |
---|
| 3226 | + | Management, (ii) the joint standing committee of the General Assembly 2523 |
---|
| 3227 | + | having cognizance of matters relating to appropriations and the budgets 2524 |
---|
| 3228 | + | of state agencies, and (iii) the [executive director of the Office] 2525 |
---|
| 3229 | + | Commissioner of Higher Education, provided such sums do not exceed 2526 |
---|
| 3230 | + | the endowment fund state grant maximum commitment for the fiscal 2527 |
---|
| 3231 | + | year in which the grant is made. Endowment fund eligible gifts that 2528 |
---|
| 3232 | + | meet the criteria set forth in this subdivision, made by donors during 2529 |
---|
| 3233 | + | the period from January 1, 2005, to June 30, 2005, shall continue to be 2530 |
---|
| 3234 | + | matched by the Office of Higher Education in an amount equal to one-2531 |
---|
| 3235 | + | half of the total amount of endowment fund eligible gifts received. 2532 |
---|
| 3236 | + | Commitments by donors to make endowment fund eligible gifts for two 2533 |
---|
| 3237 | + | Governor's Bill No. 6660 |
---|
| 3238 | + | |
---|
| 3239 | + | |
---|
| 3240 | + | |
---|
| 3241 | + | LCO No. 4030 86 of 165 |
---|
| 3242 | + | |
---|
| 3243 | + | or more years that meet the criteria set forth in this subdivision and that 2534 |
---|
| 3244 | + | are made for the period prior to December 31, 2004, but ending before 2535 |
---|
| 3245 | + | December 31, 2012, shall continue to be matched by the Office of Higher 2536 |
---|
| 3246 | + | Education in an amount equal to one-half of the total amount of 2537 |
---|
| 3247 | + | endowment fund eligible gifts received through the commitment. 2538 |
---|
| 3248 | + | (C) In any such fiscal year in which the eligible gifts received by the 2539 |
---|
| 3249 | + | university exceed the endowment fund state grant maximum 2540 |
---|
| 3250 | + | commitment for such fiscal year, the amount in excess of such 2541 |
---|
| 3251 | + | endowment fund state grant maximum commitment for such fiscal year 2542 |
---|
| 3252 | + | shall be carried forward and be eligible for a matching state grant in any 2543 |
---|
| 3253 | + | succeeding fiscal year, from the fiscal year ending June 30, 1999, to the 2544 |
---|
| 3254 | + | fiscal year ending June 30, 2014, inclusive, subject to the endowment 2545 |
---|
| 3255 | + | fund state grant maximum commitment for such fiscal year. Any 2546 |
---|
| 3256 | + | endowment fund eligible gifts that are not included in the total amount 2547 |
---|
| 3257 | + | of endowment fund eligible gifts certified by the chairperson of the 2548 |
---|
| 3258 | + | board of trustees pursuant to this subparagraph may be carried forward 2549 |
---|
| 3259 | + | and be eligible for a matching state grant in any succeeding fiscal year 2550 |
---|
| 3260 | + | from the fiscal year ending June 30, 2000, to the fiscal year ending June 2551 |
---|
| 3261 | + | 30, 2014, inclusive, subject to the endowment fund state matching grant 2552 |
---|
| 3262 | + | maximum commitment for such fiscal year. 2553 |
---|
| 3263 | + | Sec. 76. Subdivision (2) of subsection (a) of section 10a-143a of the 2554 |
---|
| 3264 | + | general statutes is repealed and the following is substituted in lieu 2555 |
---|
| 3265 | + | thereof (Effective from passage): 2556 |
---|
| 3266 | + | (2) (A) For each of the fiscal years ending June 30, 2000, to June 30, 2557 |
---|
| 3267 | + | 2006, inclusive, as part of the state contract with donors of endowment 2558 |
---|
| 3268 | + | fund eligible gifts, the Office of Higher Education, in accordance with 2559 |
---|
| 3269 | + | section 10a-8b, shall deposit in the Endowment Fund for Charter Oak 2560 |
---|
| 3270 | + | State College a grant in an amount equal to half of the total amount of 2561 |
---|
| 3271 | + | endowment fund eligible gifts received by or for the benefit of Charter 2562 |
---|
| 3272 | + | Oak State College for the calendar year ending the December thirty-first 2563 |
---|
| 3273 | + | preceding the commencement of such fiscal year, as certified by the 2564 |
---|
| 3274 | + | chairperson of the Board of Regents for Higher Education by February 2565 |
---|
| 3275 | + | Governor's Bill No. 6660 |
---|
| 3276 | + | |
---|
| 3277 | + | |
---|
| 3278 | + | |
---|
| 3279 | + | LCO No. 4030 87 of 165 |
---|
| 3280 | + | |
---|
| 3281 | + | fifteenth to (i) the Secretary of the Office of Policy and Management, (ii) 2566 |
---|
| 3282 | + | the joint standing committee of the General Assembly having 2567 |
---|
| 3283 | + | cognizance of matters relating to appropriations and the budgets of state 2568 |
---|
| 3284 | + | agencies, and (iii) the [executive director of the Office] Commissioner of 2569 |
---|
| 3285 | + | Higher Education, provided such sums do not exceed the endowment 2570 |
---|
| 3286 | + | fund state grant maximum commitment for the fiscal year in which the 2571 |
---|
| 3287 | + | grant is made. 2572 |
---|
| 3288 | + | (B) For each of the fiscal years ending June 30, 2007, to June 30, 2014, 2573 |
---|
| 3289 | + | inclusive, as part of the state contract with donors of endowment fund 2574 |
---|
| 3290 | + | eligible gifts, the Office of Higher Education, in accordance with section 2575 |
---|
| 3291 | + | 10a-8b, shall deposit in the Endowment Fund for Charter Oak State 2576 |
---|
| 3292 | + | College a grant in an amount equal to one-quarter of the total amount 2577 |
---|
| 3293 | + | of endowment fund eligible gifts, except as provided in this subdivision, 2578 |
---|
| 3294 | + | received by or for the benefit of Charter Oak State College for the 2579 |
---|
| 3295 | + | calendar year ending the December thirty-first preceding the 2580 |
---|
| 3296 | + | commencement of such fiscal year, as certified by the chairperson of the 2581 |
---|
| 3297 | + | Board of Regents for Higher Education by February fifteenth to (i) the 2582 |
---|
| 3298 | + | Secretary of the Office of Policy and Management, (ii) the joint standing 2583 |
---|
| 3299 | + | committee of the General Assembly having cognizance of matters 2584 |
---|
| 3300 | + | relating to appropriations and the budgets of state agencies, and (iii) the 2585 |
---|
| 3301 | + | [executive director of the Office] Commissioner of Higher Education, 2586 |
---|
| 3302 | + | provided such sums do not exceed the endowment fund state grant 2587 |
---|
| 3303 | + | maximum commitment for the fiscal year in which the grant is made. 2588 |
---|
| 3304 | + | Endowment fund eligible gifts that meet the criteria set forth in this 2589 |
---|
| 3305 | + | subdivision, made by donors during the period from January 1, 2005, to 2590 |
---|
| 3306 | + | June 30, 2005, shall continue to be matched by the Office of Higher 2591 |
---|
| 3307 | + | Education in an amount equal to one-half of the total amount of 2592 |
---|
| 3308 | + | endowment fund eligible gifts received. Commitments by donors to 2593 |
---|
| 3309 | + | make endowment fund eligible gifts for two or more years that meet the 2594 |
---|
| 3310 | + | criteria set forth in this subdivision and that are made for the period 2595 |
---|
| 3311 | + | prior to December 31, 2004, but ending before December 31, 2012, shall 2596 |
---|
| 3312 | + | continue to be matched by the Office of Higher Education in an amount 2597 |
---|
| 3313 | + | equal to one-half of the total amount of endowment fund eligible gifts 2598 |
---|
| 3314 | + | Governor's Bill No. 6660 |
---|
| 3315 | + | |
---|
| 3316 | + | |
---|
| 3317 | + | |
---|
| 3318 | + | LCO No. 4030 88 of 165 |
---|
| 3319 | + | |
---|
| 3320 | + | received through the commitment. 2599 |
---|
| 3321 | + | (C) In any such fiscal year in which the total of the eligible gifts 2600 |
---|
| 3322 | + | received by Charter Oak State College exceeds the endowment fund 2601 |
---|
| 3323 | + | state grant maximum commitment for such fiscal year the amount in 2602 |
---|
| 3324 | + | excess of such endowment fund state grant maximum commitment 2603 |
---|
| 3325 | + | shall be carried forward and be eligible for a matching state grant in any 2604 |
---|
| 3326 | + | succeeding fiscal year from the fiscal year ending June 30, 2000, to the 2605 |
---|
| 3327 | + | fiscal year ending June 30, 2014, inclusive, subject to the endowment 2606 |
---|
| 3328 | + | fund state grant maximum commitment. Any endowment fund eligible 2607 |
---|
| 3329 | + | gifts that are not included in the total amount of endowment fund 2608 |
---|
| 3330 | + | eligible gifts certified by the chairperson of the Board of Regents for 2609 |
---|
| 3331 | + | Higher Education pursuant to this subdivision may be carried forward 2610 |
---|
| 3332 | + | and be eligible for a matching state grant in any succeeding fiscal year 2611 |
---|
| 3333 | + | from the fiscal year ending June 30, 2000, to the fiscal year ending June 2612 |
---|
| 3334 | + | 30, 2014, inclusive, subject to the endowment fund state matching grant 2613 |
---|
| 3335 | + | maximum commitment for such fiscal year. 2614 |
---|
| 3336 | + | Sec. 77. Section 10a-164b of the general statutes is repealed and the 2615 |
---|
| 3337 | + | following is substituted in lieu thereof (Effective from passage): 2616 |
---|
| 3338 | + | (a) For the fiscal years ending June 30, 2023, to June 30, 2025, 2617 |
---|
| 3339 | + | inclusive, the Office of Higher Education shall administer a grant 2618 |
---|
| 3340 | + | program to provide grants to public and independent institutions of 2619 |
---|
| 3341 | + | higher education, for the delivery of mental health services to students 2620 |
---|
| 3342 | + | on campus. 2621 |
---|
| 3343 | + | (b) On and after January 1, 2023, applications for grants pursuant to 2622 |
---|
| 3344 | + | subsection (a) of this section shall be filed with the [executive director of 2623 |
---|
| 3345 | + | the Office] Commissioner of Higher Education at such time, and in such 2624 |
---|
| 3346 | + | manner, as the [executive director] commissioner prescribes. As part of 2625 |
---|
| 3347 | + | the application, the applicant shall submit a plan for the expenditure of 2626 |
---|
| 3348 | + | grant funds. 2627 |
---|
| 3349 | + | (c) For the fiscal year ending June 30, 2023, the [executive director of 2628 |
---|
| 3350 | + | the Office] Commissioner of Higher Education may award a grant to an 2629 |
---|
| 3351 | + | Governor's Bill No. 6660 |
---|
| 3352 | + | |
---|
| 3353 | + | |
---|
| 3354 | + | |
---|
| 3355 | + | LCO No. 4030 89 of 165 |
---|
| 3356 | + | |
---|
| 3357 | + | applicant and shall determine the amount of the grant award based on 2630 |
---|
| 3358 | + | the plan submitted by such applicant pursuant to subsection (b) of this 2631 |
---|
| 3359 | + | section. The [executive director] commissioner shall pay a grant to each 2632 |
---|
| 3360 | + | grant recipient in each of the fiscal years ending June 30, 2023, to June 2633 |
---|
| 3361 | + | 30, 2025, inclusive, as follows: (1) For the fiscal year ending June 30, 2023, 2634 |
---|
| 3362 | + | the amount of the grant shall be as determined by the commissioner 2635 |
---|
| 3363 | + | under this subsection; (2) for the fiscal year ending June 30, 2024, the 2636 |
---|
| 3364 | + | amount of the grant shall be the same amount as the grant awarded for 2637 |
---|
| 3365 | + | the prior fiscal year; and (3) for the fiscal year ending June 30, 2025, the 2638 |
---|
| 3366 | + | amount of the grant shall be seventy per cent of the amount of the grant 2639 |
---|
| 3367 | + | awarded for the prior fiscal year. 2640 |
---|
| 3368 | + | (d) Grant recipients shall file expenditure reports with the [executive 2641 |
---|
| 3369 | + | director of the Office] Commissioner of Higher Education at such time 2642 |
---|
| 3370 | + | and in such manner as the [executive director] commissioner prescribes. 2643 |
---|
| 3371 | + | A grant recipient shall only expend grant funds received under this 2644 |
---|
| 3372 | + | section in accordance with the plan submitted pursuant to subsection 2645 |
---|
| 3373 | + | (b) of this section, and a grant recipient may not use such grant funds 2646 |
---|
| 3374 | + | received under this section for the purpose of any operating expenses 2647 |
---|
| 3375 | + | that existed prior to receipt of such grant. Grant recipients shall refund 2648 |
---|
| 3376 | + | to the Office of Higher Education (1) any unexpended amounts at the 2649 |
---|
| 3377 | + | close of the fiscal year in which the grant was awarded, and (2) any 2650 |
---|
| 3378 | + | amounts not expended in accordance with the plan for which such grant 2651 |
---|
| 3379 | + | application was approved. 2652 |
---|
| 3380 | + | (e) Each grant recipient, in collaboration with the Office of Higher 2653 |
---|
| 3381 | + | Education, shall develop metrics to annually track and calculate the 2654 |
---|
| 3382 | + | utilization rate of the grant program for such grant recipient in order to 2655 |
---|
| 3383 | + | measure the success of the program. Such grant recipient shall annually 2656 |
---|
| 3384 | + | submit such metrics and utilization rate to the office. 2657 |
---|
| 3385 | + | (f) For the purposes of carrying out the provisions of this section, the 2658 |
---|
| 3386 | + | Office of Higher Education may accept funds from private sources or 2659 |
---|
| 3387 | + | any other state agency, gifts, grants and donations, including, but not 2660 |
---|
| 3388 | + | limited to, in-kind contributions. 2661 |
---|
| 3389 | + | Governor's Bill No. 6660 |
---|
| 3390 | + | |
---|
| 3391 | + | |
---|
| 3392 | + | |
---|
| 3393 | + | LCO No. 4030 90 of 165 |
---|
| 3394 | + | |
---|
| 3395 | + | (g) (1) Not later than January 1, 2024, and each January first thereafter, 2662 |
---|
| 3396 | + | until and including January 1, 2026, the [executive director of the Office] 2663 |
---|
| 3397 | + | Commissioner of Higher Education shall submit a report, in accordance 2664 |
---|
| 3398 | + | with the provisions of section 11-4a, on the utilization rate for each grant 2665 |
---|
| 3399 | + | recipient calculated pursuant to subsection (e) of this section, to the joint 2666 |
---|
| 3400 | + | standing committee of the General Assembly having cognizance of 2667 |
---|
| 3401 | + | matters relating to higher education. 2668 |
---|
| 3402 | + | (2) Not later than January 1, 2026, the [executive director] 2669 |
---|
| 3403 | + | commissioner shall develop recommendations concerning (A) whether 2670 |
---|
| 3404 | + | such grant program should be extended and funded for the fiscal year 2671 |
---|
| 3405 | + | ending June 30, 2026, and each fiscal year thereafter, and (B) the amount 2672 |
---|
| 3406 | + | of the grant award under the program. The [executive director] 2673 |
---|
| 3407 | + | commissioner shall submit such recommendations, in accordance with 2674 |
---|
| 3408 | + | the provisions of section 11-4a, to the joint standing committee of the 2675 |
---|
| 3409 | + | General Assembly having cognizance of matters relating to higher 2676 |
---|
| 3410 | + | education. 2677 |
---|
| 3411 | + | Sec. 78. Subsection (d) of section 10a-168b of the general statutes is 2678 |
---|
| 3412 | + | repealed and the following is substituted in lieu thereof (Effective from 2679 |
---|
| 3413 | + | passage): 2680 |
---|
| 3414 | + | (d) Persons may apply to the Office of Higher Education for grants 2681 |
---|
| 3415 | + | under this section at such time and in such manner as the [executive 2682 |
---|
| 3416 | + | director of the Office] Commissioner of Higher Education prescribes. 2683 |
---|
| 3417 | + | Sec. 79. Subsection (b) of section 2-124a of the general statutes is 2684 |
---|
| 3418 | + | repealed and the following is substituted in lieu thereof (Effective from 2685 |
---|
| 3419 | + | passage): 2686 |
---|
| 3420 | + | (b) Appointments to the working group pursuant to subsection (a) of 2687 |
---|
| 3421 | + | this section shall include, but need not be limited to, the [executive 2688 |
---|
| 3422 | + | director of the Office] Commissioner of Health Strategy, or such 2689 |
---|
| 3423 | + | [executive director's] commissioner's designee, and representatives 2690 |
---|
| 3424 | + | from the insurance industry, the health care industry, the Connecticut 2691 |
---|
| 3425 | + | Education Network, broadband Internet service providers, the 2692 |
---|
| 3426 | + | Governor's Bill No. 6660 |
---|
| 3427 | + | |
---|
| 3428 | + | |
---|
| 3429 | + | |
---|
| 3430 | + | LCO No. 4030 91 of 165 |
---|
| 3431 | + | |
---|
| 3432 | + | Connecticut Technology Council, the bioscience industry and public or 2693 |
---|
| 3433 | + | private universities and research institutions. The working group shall 2694 |
---|
| 3434 | + | also include the Consumer Counsel, or the Consumer Counsel's 2695 |
---|
| 3435 | + | designee. All appointments to the working group shall be made not later 2696 |
---|
| 3436 | + | than thirty days after June 30, 2017. Any member of the working group 2697 |
---|
| 3437 | + | established pursuant to this section may be a member of the working 2698 |
---|
| 3438 | + | group established pursuant to special act 16-20 or a member of the 2699 |
---|
| 3439 | + | General Assembly or the Commission on Economic Competitiveness. 2700 |
---|
| 3440 | + | Sec. 80. Subdivision (9) of subsection (b) of section 2-137 of the general 2701 |
---|
| 3441 | + | statutes is repealed and the following is substituted in lieu thereof 2702 |
---|
| 3442 | + | (Effective from passage): 2703 |
---|
| 3443 | + | (9) The [executive director of the Office] Commissioner of Health 2704 |
---|
| 3444 | + | Strategy, or the [executive director's] commissioner's designee; 2705 |
---|
| 3445 | + | Sec. 81. Section 4-5 of the general statutes is repealed and the 2706 |
---|
| 3446 | + | following is substituted in lieu thereof (Effective from passage): 2707 |
---|
| 3447 | + | As used in sections 4-6, 4-7 and 4-8, the term "department head" 2708 |
---|
| 3448 | + | means Secretary of the Office of Policy and Management, Commissioner 2709 |
---|
| 3449 | + | of Administrative Services, Commissioner of Revenue Services, 2710 |
---|
| 3450 | + | Banking Commissioner, Commissioner of Children and Families, 2711 |
---|
| 3451 | + | Commissioner of Consumer Protection, Commissioner of Correction, 2712 |
---|
| 3452 | + | Commissioner of Economic and Community Development, State Board 2713 |
---|
| 3453 | + | of Education, Commissioner of Emergency Services and Public 2714 |
---|
| 3454 | + | Protection, Commissioner of Energy and Environmental Protection, 2715 |
---|
| 3455 | + | Commissioner of Agriculture, Commissioner of Public Health, 2716 |
---|
| 3456 | + | Insurance Commissioner, Labor Commissioner, Commissioner of 2717 |
---|
| 3457 | + | Mental Health and Addiction Services, Commissioner of Social Services, 2718 |
---|
| 3458 | + | Commissioner of Developmental Services, Commissioner of Motor 2719 |
---|
| 3459 | + | Vehicles, Commissioner of Transportation, Commissioner of Veterans 2720 |
---|
| 3460 | + | Affairs, Commissioner of Housing, Commissioner of Aging and 2721 |
---|
| 3461 | + | Disability Services, the Commissioner of Early Childhood, the 2722 |
---|
| 3462 | + | [executive director of the Office] Commissioner of Health Strategy, the 2723 |
---|
| 3463 | + | Governor's Bill No. 6660 |
---|
| 3464 | + | |
---|
| 3465 | + | |
---|
| 3466 | + | |
---|
| 3467 | + | LCO No. 4030 92 of 165 |
---|
| 3468 | + | |
---|
| 3469 | + | executive director of the Office of Military Affairs, the executive director 2724 |
---|
| 3470 | + | of the Technical Education and Career System, the Chief Workforce 2725 |
---|
| 3471 | + | Officer and the executive director of the Office of Higher Education. As 2726 |
---|
| 3472 | + | used in sections 4-6 and 4-7, "department head" also means the 2727 |
---|
| 3473 | + | Commissioner of Education. 2728 |
---|
| 3474 | + | Sec. 82. Subsections (b) to (f), inclusive, of section 17b-59a of the 2729 |
---|
| 3475 | + | general statutes are repealed and the following is substituted in lieu 2730 |
---|
| 3476 | + | thereof (Effective from passage): 2731 |
---|
| 3477 | + | (b) The Commissioner of Social Services, in consultation with the 2732 |
---|
| 3478 | + | [executive director of the Office] Commissioner of Health Strategy, 2733 |
---|
| 3479 | + | established under section 19a-754a, as amended by this act, shall (1) 2734 |
---|
| 3480 | + | develop, throughout the Departments of Developmental Services, 2735 |
---|
| 3481 | + | Public Health, Correction, Children and Families, Veterans Affairs and 2736 |
---|
| 3482 | + | Mental Health and Addiction Services, uniform management 2737 |
---|
| 3483 | + | information, uniform statistical information, uniform terminology for 2738 |
---|
| 3484 | + | similar facilities, and uniform electronic health information technology 2739 |
---|
| 3485 | + | standards, (2) plan for increased participation of the private sector in the 2740 |
---|
| 3486 | + | delivery of human services, and (3) provide direction and coordination 2741 |
---|
| 3487 | + | to federally funded programs in the human services agencies and 2742 |
---|
| 3488 | + | recommend uniform system improvements and reallocation of physical 2743 |
---|
| 3489 | + | resources and designation of a single responsibility across human 2744 |
---|
| 3490 | + | services agencies lines to facilitate shared services and eliminate 2745 |
---|
| 3491 | + | duplication. 2746 |
---|
| 3492 | + | (c) The [executive director of the Office] Commissioner of Health 2747 |
---|
| 3493 | + | Strategy shall, in consultation with the Commissioner of Social Services 2748 |
---|
| 3494 | + | and the State Health Information Technology Advisory Council, 2749 |
---|
| 3495 | + | established pursuant to section 17b-59f, as amended by this act, 2750 |
---|
| 3496 | + | implement and periodically revise the state-wide health information 2751 |
---|
| 3497 | + | technology plan established pursuant to this section and shall establish 2752 |
---|
| 3498 | + | electronic data standards to facilitate the development of integrated 2753 |
---|
| 3499 | + | electronic health information systems for use by health care providers 2754 |
---|
| 3500 | + | and institutions that receive state funding. Such electronic data 2755 |
---|
| 3501 | + | Governor's Bill No. 6660 |
---|
| 3502 | + | |
---|
| 3503 | + | |
---|
| 3504 | + | |
---|
| 3505 | + | LCO No. 4030 93 of 165 |
---|
| 3506 | + | |
---|
| 3507 | + | standards shall: (1) Include provisions relating to security, privacy, data 2756 |
---|
| 3508 | + | content, structures and format, vocabulary and transmission protocols; 2757 |
---|
| 3509 | + | (2) limit the use and dissemination of an individual's Social Security 2758 |
---|
| 3510 | + | number and require the encryption of any Social Security number 2759 |
---|
| 3511 | + | provided by an individual; (3) require privacy standards no less 2760 |
---|
| 3512 | + | stringent than the "Standards for Privacy of Individually Identifiable 2761 |
---|
| 3513 | + | Health Information" established under the Health Insurance Portability 2762 |
---|
| 3514 | + | and Accountability Act of 1996, P.L. 104-191, as amended from time to 2763 |
---|
| 3515 | + | time, and contained in 45 CFR 160, 164; (4) require that individually 2764 |
---|
| 3516 | + | identifiable health information be secure and that access to such 2765 |
---|
| 3517 | + | information be traceable by an electronic audit trail; (5) be compatible 2766 |
---|
| 3518 | + | with any national data standards in order to allow for interstate 2767 |
---|
| 3519 | + | interoperability; (6) permit the collection of health information in a 2768 |
---|
| 3520 | + | standard electronic format; and (7) be compatible with the requirements 2769 |
---|
| 3521 | + | for an electronic health information system. 2770 |
---|
| 3522 | + | (d) The [executive director of the Office] Commissioner of Health 2771 |
---|
| 3523 | + | Strategy shall, within existing resources and in consultation with the 2772 |
---|
| 3524 | + | State Health Information Technology Advisory Council: (1) Oversee the 2773 |
---|
| 3525 | + | development and implementation of the State-wide Health Information 2774 |
---|
| 3526 | + | Exchange in conformance with section 17b-59d, as amended by this act; 2775 |
---|
| 3527 | + | (2) coordinate the state's health information technology and health 2776 |
---|
| 3528 | + | information exchange efforts to ensure consistent and collaborative 2777 |
---|
| 3529 | + | cross-agency planning and implementation; and (3) serve as the state 2778 |
---|
| 3530 | + | liaison to, and work collaboratively with, the State-wide Health 2779 |
---|
| 3531 | + | Information Exchange established pursuant to section 17b-59d, as 2780 |
---|
| 3532 | + | amended by this act, to ensure consistency between the state-wide 2781 |
---|
| 3533 | + | health information technology plan and the State-wide Health 2782 |
---|
| 3534 | + | Information Exchange and to support the state's health information 2783 |
---|
| 3535 | + | technology and exchange goals. 2784 |
---|
| 3536 | + | (e) The state-wide health information technology plan, implemented 2785 |
---|
| 3537 | + | and periodically revised pursuant to subsection (c) of this section, shall 2786 |
---|
| 3538 | + | enhance interoperability to support optimal health outcomes and 2787 |
---|
| 3539 | + | include, but not be limited to (1) general standards and protocols for 2788 |
---|
| 3540 | + | Governor's Bill No. 6660 |
---|
| 3541 | + | |
---|
| 3542 | + | |
---|
| 3543 | + | |
---|
| 3544 | + | LCO No. 4030 94 of 165 |
---|
| 3545 | + | |
---|
| 3546 | + | health information exchange, and (2) national data standards to support 2789 |
---|
| 3547 | + | secure data exchange data standards to facilitate the development of a 2790 |
---|
| 3548 | + | state-wide, integrated electronic health information system for use by 2791 |
---|
| 3549 | + | health care providers and institutions that are licensed by the state. Such 2792 |
---|
| 3550 | + | electronic data standards shall (A) include provisions relating to 2793 |
---|
| 3551 | + | security, privacy, data content, structures and format, vocabulary and 2794 |
---|
| 3552 | + | transmission protocols, (B) be compatible with any national data 2795 |
---|
| 3553 | + | standards in order to allow for interstate interoperability, (C) permit the 2796 |
---|
| 3554 | + | collection of health information in a standard electronic format, and (D) 2797 |
---|
| 3555 | + | be compatible with the requirements for an electronic health 2798 |
---|
| 3556 | + | information system. 2799 |
---|
| 3557 | + | (f) Not later than February 1, 2017, and annually thereafter, the 2800 |
---|
| 3558 | + | [executive director of the Office] Commissioner of Health Strategy, in 2801 |
---|
| 3559 | + | consultation with the State Health Information Technology Advisory 2802 |
---|
| 3560 | + | Council, shall report in accordance with the provisions of section 11-4a 2803 |
---|
| 3561 | + | to the joint standing committees of the General Assembly having 2804 |
---|
| 3562 | + | cognizance of matters relating to human services and public health 2805 |
---|
| 3563 | + | concerning: (1) The development and implementation of the state-wide 2806 |
---|
| 3564 | + | health information technology plan and data standards, established and 2807 |
---|
| 3565 | + | implemented by the [executive director of the Office] Commissioner of 2808 |
---|
| 3566 | + | Health Strategy pursuant to this section; (2) the establishment of the 2809 |
---|
| 3567 | + | State-wide Health Information Exchange; and (3) recommendations for 2810 |
---|
| 3568 | + | policy, regulatory and legislative changes and other initiatives to 2811 |
---|
| 3569 | + | promote the state's health information technology and exchange goals. 2812 |
---|
| 3570 | + | Sec. 83. Subsections (d) to (g), inclusive, of section 17b-59d of the 2813 |
---|
| 3571 | + | general statutes are repealed and the following is substituted in lieu 2814 |
---|
| 3572 | + | thereof (Effective from passage): 2815 |
---|
| 3573 | + | (d) (1) The [executive director of the Office] Commissioner of Health 2816 |
---|
| 3574 | + | Strategy, in consultation with the Secretary of the Office of Policy and 2817 |
---|
| 3575 | + | Management and the State Health Information Technology Advisory 2818 |
---|
| 3576 | + | Council, established pursuant to section 17b-59f, as amended by this act, 2819 |
---|
| 3577 | + | shall, upon the approval by the State Bond Commission of bond funds 2820 |
---|
| 3578 | + | Governor's Bill No. 6660 |
---|
| 3579 | + | |
---|
| 3580 | + | |
---|
| 3581 | + | |
---|
| 3582 | + | LCO No. 4030 95 of 165 |
---|
| 3583 | + | |
---|
| 3584 | + | authorized by the General Assembly for the purposes of establishing a 2821 |
---|
| 3585 | + | State-wide Health Information Exchange, develop and issue a request 2822 |
---|
| 3586 | + | for proposals for the development, management and operation of the 2823 |
---|
| 3587 | + | State-wide Health Information Exchange. Such request shall promote 2824 |
---|
| 3588 | + | the reuse of any and all enterprise health information technology assets, 2825 |
---|
| 3589 | + | such as the existing Provider Directory, Enterprise Master Person Index, 2826 |
---|
| 3590 | + | Direct Secure Messaging Health Information Service provider 2827 |
---|
| 3591 | + | infrastructure, analytic capabilities and tools that exist in the state or are 2828 |
---|
| 3592 | + | in the process of being deployed. Any enterprise health information 2829 |
---|
| 3593 | + | exchange technology assets purchased after June 2, 2016, and prior to 2830 |
---|
| 3594 | + | the implementation of the State-wide Health Information Exchange 2831 |
---|
| 3595 | + | shall be capable of interoperability with a State-wide Health 2832 |
---|
| 3596 | + | Information Exchange. 2833 |
---|
| 3597 | + | (2) Such request for proposals may require an eligible organization 2834 |
---|
| 3598 | + | responding to the request to: (A) Have not less than three years of 2835 |
---|
| 3599 | + | experience operating either a state-wide health information exchange in 2836 |
---|
| 3600 | + | any state or a regional exchange serving a population of not less than 2837 |
---|
| 3601 | + | one million that (i) enables the exchange of patient health information 2838 |
---|
| 3602 | + | among health care providers, patients and other authorized users 2839 |
---|
| 3603 | + | without regard to location, source of payment or technology, (ii) 2840 |
---|
| 3604 | + | includes, with proper consent, behavioral health and substance abuse 2841 |
---|
| 3605 | + | treatment information, (iii) supports transitions of care and care 2842 |
---|
| 3606 | + | coordination through real-time health care provider alerts and access to 2843 |
---|
| 3607 | + | clinical information, (iv) allows health information to follow each 2844 |
---|
| 3608 | + | patient, (v) allows patients to access and manage their health data, and 2845 |
---|
| 3609 | + | (vi) has demonstrated success in reducing costs associated with 2846 |
---|
| 3610 | + | preventable readmissions, duplicative testing or medical errors; (B) be 2847 |
---|
| 3611 | + | committed to, and demonstrate, a high level of transparency in its 2848 |
---|
| 3612 | + | governance, decision-making and operations; (C) be capable of 2849 |
---|
| 3613 | + | providing consulting to ensure effective governance; (D) be regulated or 2850 |
---|
| 3614 | + | administratively overseen by a state government agency; and (E) have 2851 |
---|
| 3615 | + | sufficient staff and appropriate expertise and experience to carry out the 2852 |
---|
| 3616 | + | administrative, operational and financial responsibilities of the State-2853 |
---|
| 3617 | + | Governor's Bill No. 6660 |
---|
| 3618 | + | |
---|
| 3619 | + | |
---|
| 3620 | + | |
---|
| 3621 | + | LCO No. 4030 96 of 165 |
---|
| 3622 | + | |
---|
| 3623 | + | wide Health Information Exchange. 2854 |
---|
| 3624 | + | (e) Notwithstanding the provisions of subsection (d) of this section, 2855 |
---|
| 3625 | + | if, on or before January 1, 2016, the Commissioner of Social Services, in 2856 |
---|
| 3626 | + | consultation with the State Health Information Technology Advisory 2857 |
---|
| 3627 | + | Council, established pursuant to section 17b-59f, as amended by this act, 2858 |
---|
| 3628 | + | submits a plan to the Secretary of the Office of Policy and Management 2859 |
---|
| 3629 | + | for the establishment of a State-wide Health Information Exchange 2860 |
---|
| 3630 | + | consistent with subsections (a), (b) and (c) of this section, and such plan 2861 |
---|
| 3631 | + | is approved by the secretary, the commissioner may implement such 2862 |
---|
| 3632 | + | plan and enter into any contracts or agreements to implement such plan. 2863 |
---|
| 3633 | + | (f) The [executive director of the Office] Commissioner of Health 2864 |
---|
| 3634 | + | Strategy shall have administrative authority over the State-wide Health 2865 |
---|
| 3635 | + | Information Exchange. The [executive director] commissioner shall be 2866 |
---|
| 3636 | + | responsible for designating, and posting on its Internet web site, the list 2867 |
---|
| 3637 | + | of systems, technologies, entities and programs that shall constitute the 2868 |
---|
| 3638 | + | State-wide Health Information Exchange. Systems, technologies, 2869 |
---|
| 3639 | + | entities, and programs that have not been so designated shall not be 2870 |
---|
| 3640 | + | considered part of said exchange. 2871 |
---|
| 3641 | + | (g) The [executive director of the Office] Commissioner of Health 2872 |
---|
| 3642 | + | Strategy shall adopt regulations in accordance with the provisions of 2873 |
---|
| 3643 | + | chapter 54 that set forth requirements necessary to implement the 2874 |
---|
| 3644 | + | provisions of this section. The [executive director] commissioner may 2875 |
---|
| 3645 | + | implement policies and procedures necessary to administer the 2876 |
---|
| 3646 | + | provisions of this section while in the process of adopting such policies 2877 |
---|
| 3647 | + | and procedures in regulation form, provided the [executive director] 2878 |
---|
| 3648 | + | commissioner holds a public hearing at least thirty days prior to 2879 |
---|
| 3649 | + | implementing such policies and procedures and publishes notice of 2880 |
---|
| 3650 | + | intention to adopt the regulations on the Office of Health Strategy's 2881 |
---|
| 3651 | + | Internet web site and the eRegulations System not later than twenty 2882 |
---|
| 3652 | + | days after implementing such policies and procedures. Policies and 2883 |
---|
| 3653 | + | procedures implemented pursuant to this subsection shall be valid until 2884 |
---|
| 3654 | + | the time such regulations are effective. 2885 |
---|
| 3655 | + | Governor's Bill No. 6660 |
---|
| 3656 | + | |
---|
| 3657 | + | |
---|
| 3658 | + | |
---|
| 3659 | + | LCO No. 4030 97 of 165 |
---|
| 3660 | + | |
---|
| 3661 | + | Sec. 84. Subsection (d) of section 17b-59e of the general statutes is 2886 |
---|
| 3662 | + | repealed and the following is substituted in lieu thereof (Effective from 2887 |
---|
| 3663 | + | passage): 2888 |
---|
| 3664 | + | (d) The [executive director of the Office] Commissioner of Health 2889 |
---|
| 3665 | + | Strategy shall adopt regulations in accordance with the provisions of 2890 |
---|
| 3666 | + | chapter 54 that set forth requirements necessary to implement the 2891 |
---|
| 3667 | + | provisions of this section. The [executive director] commissioner may 2892 |
---|
| 3668 | + | implement policies and procedures necessary to administer the 2893 |
---|
| 3669 | + | provisions of this section while in the process of adopting such policies 2894 |
---|
| 3670 | + | and procedures in regulation form, provided the [executive director] 2895 |
---|
| 3671 | + | commissioner holds a public hearing at least thirty days prior to 2896 |
---|
| 3672 | + | implementing such policies and procedures and publishes notice of 2897 |
---|
| 3673 | + | intention to adopt the regulations on the Office of Health Strategy's 2898 |
---|
| 3674 | + | Internet web site and the eRegulations System not later than twenty 2899 |
---|
| 3675 | + | days after implementing such policies and procedures. Policies and 2900 |
---|
| 3676 | + | procedures implemented pursuant to this subsection shall be valid until 2901 |
---|
| 3677 | + | the time such regulations are effective. 2902 |
---|
| 3678 | + | Sec. 85. Section 17b-59f of the general statutes is repealed and the 2903 |
---|
| 3679 | + | following is substituted in lieu thereof (Effective from passage): 2904 |
---|
| 3680 | + | (a) There shall be a State Health Information Technology Advisory 2905 |
---|
| 3681 | + | Council to advise the [executive director of the Office] Commissioner of 2906 |
---|
| 3682 | + | Health Strategy and the health information technology officer, 2907 |
---|
| 3683 | + | designated in accordance with section 19a-754a, as amended by this act, 2908 |
---|
| 3684 | + | in developing priorities and policy recommendations for advancing the 2909 |
---|
| 3685 | + | state's health information technology and health information exchange 2910 |
---|
| 3686 | + | efforts and goals and to advise the [executive director] commissioner 2911 |
---|
| 3687 | + | and officer in the development and implementation of the state-wide 2912 |
---|
| 3688 | + | health information technology plan and standards and the State-wide 2913 |
---|
| 3689 | + | Health Information Exchange, established pursuant to section 17b-59d, 2914 |
---|
| 3690 | + | as amended by this act. The advisory council shall also advise the 2915 |
---|
| 3691 | + | [executive director] commissioner and officer regarding the 2916 |
---|
| 3692 | + | development of appropriate governance, oversight and accountability 2917 |
---|
| 3693 | + | Governor's Bill No. 6660 |
---|
| 3694 | + | |
---|
| 3695 | + | |
---|
| 3696 | + | |
---|
| 3697 | + | LCO No. 4030 98 of 165 |
---|
| 3698 | + | |
---|
| 3699 | + | measures to ensure success in achieving the state's health information 2918 |
---|
| 3700 | + | technology and exchange goals. 2919 |
---|
| 3701 | + | (b) The council shall consist of the following members: 2920 |
---|
| 3702 | + | (1) One member appointed by the [executive director of the Office] 2921 |
---|
| 3703 | + | Commissioner of Health Strategy, who shall be an expert in state health 2922 |
---|
| 3704 | + | care reform initiatives; 2923 |
---|
| 3705 | + | (2) The health information technology officer, designated in 2924 |
---|
| 3706 | + | accordance with section 19a-754a, as amended by this act, or the health 2925 |
---|
| 3707 | + | information technology officer's designee; 2926 |
---|
| 3708 | + | (3) The Commissioners of Social Services, Mental Health and 2927 |
---|
| 3709 | + | Addiction Services, Children and Families, Correction, Public Health 2928 |
---|
| 3710 | + | and Developmental Services, or the commissioners' designees; 2929 |
---|
| 3711 | + | (4) The Chief Information Officer of the state, or the Chief Information 2930 |
---|
| 3712 | + | Officer's designee; 2931 |
---|
| 3713 | + | (5) The chief executive officer of the Connecticut Health Insurance 2932 |
---|
| 3714 | + | Exchange, or the chief executive officer's designee; 2933 |
---|
| 3715 | + | (6) The chief information officer of The University of Connecticut 2934 |
---|
| 3716 | + | Health Center, or the chief information officer's designee; 2935 |
---|
| 3717 | + | (7) The Healthcare Advocate, or the Healthcare Advocate's designee; 2936 |
---|
| 3718 | + | (8) The Comptroller, or the Comptroller's designee; 2937 |
---|
| 3719 | + | (9) Five members appointed by the Governor, one each who shall be 2938 |
---|
| 3720 | + | (A) a representative of a health system that includes more than one 2939 |
---|
| 3721 | + | hospital, (B) a representative of the health insurance industry, (C) an 2940 |
---|
| 3722 | + | expert in health information technology, (D) a health care consumer or 2941 |
---|
| 3723 | + | consumer advocate, and (E) a current or former employee or trustee of 2942 |
---|
| 3724 | + | a plan established pursuant to subdivision (5) of subsection (c) of 29 USC 2943 |
---|
| 3725 | + | 186; 2944 |
---|
| 3726 | + | Governor's Bill No. 6660 |
---|
| 3727 | + | |
---|
| 3728 | + | |
---|
| 3729 | + | |
---|
| 3730 | + | LCO No. 4030 99 of 165 |
---|
| 3731 | + | |
---|
| 3732 | + | (10) Three members appointed by the president pro tempore of the 2945 |
---|
| 3733 | + | Senate, one each who shall be (A) a representative of a federally 2946 |
---|
| 3734 | + | qualified health center, (B) a provider of behavioral health services, and 2947 |
---|
| 3735 | + | (C) a physician licensed under chapter 370; 2948 |
---|
| 3736 | + | (11) Three members appointed by the speaker of the House of 2949 |
---|
| 3737 | + | Representatives, one each who shall be (A) a technology expert who 2950 |
---|
| 3738 | + | represents a hospital system, as defined in section 19a-486i, as amended 2951 |
---|
| 3739 | + | by this act, (B) a provider of home health care services, and (C) a health 2952 |
---|
| 3740 | + | care consumer or a health care consumer advocate; 2953 |
---|
| 3741 | + | (12) One member appointed by the majority leader of the Senate, who 2954 |
---|
| 3742 | + | shall be a representative of an independent community hospital; 2955 |
---|
| 3743 | + | (13) One member appointed by the majority leader of the House of 2956 |
---|
| 3744 | + | Representatives, who shall be a physician who provides services in a 2957 |
---|
| 3745 | + | multispecialty group and who is not employed by a hospital; 2958 |
---|
| 3746 | + | (14) One member appointed by the minority leader of the Senate, who 2959 |
---|
| 3747 | + | shall be a primary care physician who provides services in a small 2960 |
---|
| 3748 | + | independent practice; 2961 |
---|
| 3749 | + | (15) One member appointed by the minority leader of the House of 2962 |
---|
| 3750 | + | Representatives, who shall be an expert in health care analytics and 2963 |
---|
| 3751 | + | quality analysis; 2964 |
---|
| 3752 | + | (16) The president pro tempore of the Senate, or the president's 2965 |
---|
| 3753 | + | designee; 2966 |
---|
| 3754 | + | (17) The speaker of the House of Representatives, or the speaker's 2967 |
---|
| 3755 | + | designee; 2968 |
---|
| 3756 | + | (18) The minority leader of the Senate, or the minority leader's 2969 |
---|
| 3757 | + | designee; and 2970 |
---|
| 3758 | + | (19) The minority leader of the House of Representatives, or the 2971 |
---|
| 3759 | + | minority leader's designee. 2972 |
---|
| 3760 | + | Governor's Bill No. 6660 |
---|
| 3761 | + | |
---|
| 3762 | + | |
---|
| 3763 | + | |
---|
| 3764 | + | LCO No. 4030 100 of 165 |
---|
| 3765 | + | |
---|
| 3766 | + | (c) Any member appointed or designated under subdivisions (10) to 2973 |
---|
| 3767 | + | (19), inclusive, of subsection (b) of this section may be a member of the 2974 |
---|
| 3768 | + | General Assembly. 2975 |
---|
| 3769 | + | (d) (1) The health information technology officer, designated in 2976 |
---|
| 3770 | + | accordance with section 19a-754a, as amended by this act, shall serve as 2977 |
---|
| 3771 | + | a chairperson of the council. The council shall elect a second chairperson 2978 |
---|
| 3772 | + | from among its members, who shall not be a state official. The 2979 |
---|
| 3773 | + | chairpersons of the council may establish subcommittees and working 2980 |
---|
| 3774 | + | groups and may appoint individuals other than members of the council 2981 |
---|
| 3775 | + | to serve as members of the subcommittees or working groups. The terms 2982 |
---|
| 3776 | + | of the members shall be coterminous with the terms of the appointing 2983 |
---|
| 3777 | + | authority for each member and subject to the provisions of section 4-1a. 2984 |
---|
| 3778 | + | If any vacancy occurs on the council, the appointing authority having 2985 |
---|
| 3779 | + | the power to make the appointment under the provisions of this section 2986 |
---|
| 3780 | + | shall appoint a person in accordance with the provisions of this section. 2987 |
---|
| 3781 | + | A majority of the members of the council shall constitute a quorum. 2988 |
---|
| 3782 | + | Members of the council shall serve without compensation, but shall be 2989 |
---|
| 3783 | + | reimbursed for all reasonable expenses incurred in the performance of 2990 |
---|
| 3784 | + | their duties. 2991 |
---|
| 3785 | + | (2) The chairpersons of the council may appoint up to four additional 2992 |
---|
| 3786 | + | members to the council, who shall serve at the pleasure of the 2993 |
---|
| 3787 | + | chairpersons. 2994 |
---|
| 3788 | + | (e) (1) The council shall establish a working group to be known as the 2995 |
---|
| 3789 | + | All-Payer Claims Database Advisory Group. Said group shall include, 2996 |
---|
| 3790 | + | but need not be limited to, (A) the Secretary of the Office of Policy and 2997 |
---|
| 3791 | + | Management, the Comptroller, the Commissioners of Public Health, 2998 |
---|
| 3792 | + | Social Services and Mental Health and Addiction Services, the Insurance 2999 |
---|
| 3793 | + | Commissioner, the Healthcare Advocate and the Chief Information 3000 |
---|
| 3794 | + | Officer, or their designees; (B) a representative of the Connecticut State 3001 |
---|
| 3795 | + | Medical Society; and (C) representatives of health insurance companies, 3002 |
---|
| 3796 | + | health insurance purchasers, hospitals, consumer advocates and health 3003 |
---|
| 3797 | + | care providers. The health information technology officer may appoint 3004 |
---|
| 3798 | + | Governor's Bill No. 6660 |
---|
| 3799 | + | |
---|
| 3800 | + | |
---|
| 3801 | + | |
---|
| 3802 | + | LCO No. 4030 101 of 165 |
---|
| 3803 | + | |
---|
| 3804 | + | additional members to said group. 3005 |
---|
| 3805 | + | (2) The All-Payer Claims Database Advisory Group shall develop a 3006 |
---|
| 3806 | + | plan to implement a state-wide multipayer data initiative to enhance the 3007 |
---|
| 3807 | + | state's use of heath care data from multiple sources to increase 3008 |
---|
| 3808 | + | efficiency, enhance outcomes and improve the understanding of health 3009 |
---|
| 3809 | + | care expenditures in the public and private sectors. 3010 |
---|
| 3810 | + | (f) Prior to submitting any application, proposal, planning document 3011 |
---|
| 3811 | + | or other request seeking federal grants, matching funds or other federal 3012 |
---|
| 3812 | + | support for health information technology or health information 3013 |
---|
| 3813 | + | exchange, the [executive director of the Office] Commissioner of Health 3014 |
---|
| 3814 | + | Strategy or the Commissioner of Social Services shall present such 3015 |
---|
| 3815 | + | application, proposal, document or other request to the council for 3016 |
---|
| 3816 | + | review and comment. 3017 |
---|
| 3817 | + | Sec. 86. Subsections (a) and (b) of section 17b-59g of the general 3018 |
---|
| 3818 | + | statutes are repealed and the following is substituted in lieu thereof 3019 |
---|
| 3819 | + | (Effective from passage): 3020 |
---|
| 3820 | + | (a) The state, acting by and through the Secretary of the Office of 3021 |
---|
| 3821 | + | Policy and Management, in collaboration with the [executive director of 3022 |
---|
| 3822 | + | the Office] Commissioner of Health Strategy, shall establish a program 3023 |
---|
| 3823 | + | to expedite the development of the State-wide Health Information 3024 |
---|
| 3824 | + | Exchange, established under section 17b-59d, as amended by this act, to 3025 |
---|
| 3825 | + | assist the state, health care providers, insurance carriers, physicians and 3026 |
---|
| 3826 | + | all stakeholders in empowering consumers to make effective health care 3027 |
---|
| 3827 | + | decisions, promote patient-centered care, improve the quality, safety 3028 |
---|
| 3828 | + | and value of health care, reduce waste and duplication of services, 3029 |
---|
| 3829 | + | support clinical decision-making, keep confidential health information 3030 |
---|
| 3830 | + | secure and make progress toward the state's public health goals. The 3031 |
---|
| 3831 | + | purposes of the program shall be to (1) assist the State-wide Health 3032 |
---|
| 3832 | + | Information Exchange in establishing and maintaining itself as a neutral 3033 |
---|
| 3833 | + | and trusted entity that serves the public good for the benefit of all 3034 |
---|
| 3834 | + | Connecticut residents, including, but not limited to, Connecticut health 3035 |
---|
| 3835 | + | Governor's Bill No. 6660 |
---|
| 3836 | + | |
---|
| 3837 | + | |
---|
| 3838 | + | |
---|
| 3839 | + | LCO No. 4030 102 of 165 |
---|
| 3840 | + | |
---|
| 3841 | + | care consumers and Connecticut health care providers and carriers, (2) 3036 |
---|
| 3842 | + | perform, on behalf of the state, the role of intermediary between public 3037 |
---|
| 3843 | + | and private stakeholders and customers of the State-wide Health 3038 |
---|
| 3844 | + | Information Exchange, and (3) fulfill the responsibilities of the Office of 3039 |
---|
| 3845 | + | Health Strategy, as described in section 19a-754a, as amended by this 3040 |
---|
| 3846 | + | act. 3041 |
---|
| 3847 | + | (b) The [executive director of the Office] Commissioner of Health 3042 |
---|
| 3848 | + | Strategy, in consultation with the health information technology officer, 3043 |
---|
| 3849 | + | designated in accordance with section 19a-754, shall design, and the 3044 |
---|
| 3850 | + | Secretary of the Office of Policy and Management, in collaboration with 3045 |
---|
| 3851 | + | said [executive director] commissioner, may establish or incorporate an 3046 |
---|
| 3852 | + | entity to implement the program established under subsection (a) of this 3047 |
---|
| 3853 | + | section. Such entity shall, without limitation, be owned and governed, 3048 |
---|
| 3854 | + | in whole or in part, by a party or parties other than the state and may be 3049 |
---|
| 3855 | + | organized as a nonprofit entity. 3050 |
---|
| 3856 | + | Sec. 87. Subsection (c) of section 17b-337 of the general statutes is 3051 |
---|
| 3857 | + | repealed and the following is substituted in lieu thereof (Effective from 3052 |
---|
| 3858 | + | passage): 3053 |
---|
| 3859 | + | (c) The Long-Term Care Planning Committee shall consist of: (1) The 3054 |
---|
| 3860 | + | chairpersons and ranking members of the joint standing committees of 3055 |
---|
| 3861 | + | the General Assembly having cognizance of matters relating to human 3056 |
---|
| 3862 | + | services, public health, elderly services and long-term care; (2) the 3057 |
---|
| 3863 | + | Commissioner of Social Services, or the commissioner's designee; (3) 3058 |
---|
| 3864 | + | one member of the Office of Policy and Management appointed by the 3059 |
---|
| 3865 | + | Secretary of the Office of Policy and Management; (4) one member from 3060 |
---|
| 3866 | + | the Department of Public Health appointed by the Commissioner of 3061 |
---|
| 3867 | + | Public Health; (5) one member from the Department of Housing 3062 |
---|
| 3868 | + | appointed by the Commissioner of Housing; (6) one member from the 3063 |
---|
| 3869 | + | Department of Developmental Services appointed by the Commissioner 3064 |
---|
| 3870 | + | of Developmental Services; (7) one member from the Department of 3065 |
---|
| 3871 | + | Mental Health and Addiction Services appointed by the Commissioner 3066 |
---|
| 3872 | + | of Mental Health and Addiction Services; (8) one member from the 3067 |
---|
| 3873 | + | Governor's Bill No. 6660 |
---|
| 3874 | + | |
---|
| 3875 | + | |
---|
| 3876 | + | |
---|
| 3877 | + | LCO No. 4030 103 of 165 |
---|
| 3878 | + | |
---|
| 3879 | + | Department of Transportation appointed by the Commissioner of 3068 |
---|
| 3880 | + | Transportation; (9) one member from the Department of Children and 3069 |
---|
| 3881 | + | Families appointed by the Commissioner of Children and Families; (10) 3070 |
---|
| 3882 | + | one member from the Health Systems Planning Unit of the Office of 3071 |
---|
| 3883 | + | Health Strategy appointed by the [executive director of the Office] 3072 |
---|
| 3884 | + | Commissioner of Health Strategy; and (11) one member from the 3073 |
---|
| 3885 | + | Department of Aging and Disability Services appointed by the 3074 |
---|
| 3886 | + | Commissioner of Aging and Disability Services. The committee shall 3075 |
---|
| 3887 | + | convene no later than ninety days after June 4, 1998. Any vacancy shall 3076 |
---|
| 3888 | + | be filled by the appointing authority. The chairperson shall be elected 3077 |
---|
| 3889 | + | from among the members of the committee. The committee shall seek 3078 |
---|
| 3890 | + | the advice and participation of any person, organization or state or 3079 |
---|
| 3891 | + | federal agency it deems necessary to carry out the provisions of this 3080 |
---|
| 3892 | + | section. 3081 |
---|
| 3893 | + | Sec. 88. Section 19a-6q of the general statutes is repealed and the 3082 |
---|
| 3894 | + | following is substituted in lieu thereof (Effective from passage): 3083 |
---|
| 3895 | + | The Commissioner of Public Health, in consultation with the 3084 |
---|
| 3896 | + | [executive director of the Office] Commissioner of Health Strategy, 3085 |
---|
| 3897 | + | established under section 19a-754a, as amended by this act, and local 3086 |
---|
| 3898 | + | and regional health departments, shall, within available resources, 3087 |
---|
| 3899 | + | develop a plan that is consistent with the Department of Public Health's 3088 |
---|
| 3900 | + | Healthy Connecticut 2020 health improvement plan and the state 3089 |
---|
| 3901 | + | healthcare innovation plan developed pursuant to the State Innovation 3090 |
---|
| 3902 | + | Model Initiative by the Centers for Medicare and Medicaid Services 3091 |
---|
| 3903 | + | Innovation Center. The commissioner shall develop and implement 3092 |
---|
| 3904 | + | such plan to: (1) Reduce the incidence of tobacco use, high blood 3093 |
---|
| 3905 | + | pressure, health care associated infections, asthma, unintended 3094 |
---|
| 3906 | + | pregnancy and diabetes; (2) improve chronic disease care coordination 3095 |
---|
| 3907 | + | in the state; and (3) reduce the incidence and effects of chronic disease 3096 |
---|
| 3908 | + | and improve outcomes for conditions associated with chronic disease in 3097 |
---|
| 3909 | + | the state. The commissioner shall post such plan on the Department of 3098 |
---|
| 3910 | + | Public Health's Internet web site. 3099 |
---|
| 3911 | + | Governor's Bill No. 6660 |
---|
| 3912 | + | |
---|
| 3913 | + | |
---|
| 3914 | + | |
---|
| 3915 | + | LCO No. 4030 104 of 165 |
---|
| 3916 | + | |
---|
| 3917 | + | Sec. 89. Subsections (b) to (h), inclusive, of section 19a-127k of the 3100 |
---|
| 3918 | + | general statutes are repealed and the following is substituted in lieu 3101 |
---|
| 3919 | + | thereof (Effective from passage): 3102 |
---|
| 3920 | + | (b) On and after January 1, 2023, each hospital shall submit 3103 |
---|
| 3921 | + | community benefit program reporting to the Office of Health Strategy, 3104 |
---|
| 3922 | + | or to a designee selected by the [executive director of the Office] 3105 |
---|
| 3923 | + | Commissioner of Health Strategy, in the form and manner described in 3106 |
---|
| 3924 | + | subsections (c) to (e), inclusive, of this section. 3107 |
---|
| 3925 | + | (c) Each hospital shall submit its community health needs assessment 3108 |
---|
| 3926 | + | to the Office of Health Strategy not later than thirty days after the date 3109 |
---|
| 3927 | + | on which such assessment is made available to the public pursuant to 3110 |
---|
| 3928 | + | 26 CFR 1.501(r)-(3)(b), provided the [executive director of the Office] 3111 |
---|
| 3929 | + | Commissioner of Health Strategy, or the [executive director's] 3112 |
---|
| 3930 | + | commissioner's designee, may grant an extension of time to a hospital 3113 |
---|
| 3931 | + | for the filing of such assessment. Such submission shall contain the 3114 |
---|
| 3932 | + | following: 3115 |
---|
| 3933 | + | (1) Consistent with the requirements set forth in 26 CFR 1.501(r)-3116 |
---|
| 3934 | + | (3)(b)(6)(i), and as included in a hospital's federal filing submitted to the 3117 |
---|
| 3935 | + | Internal Revenue Service: 3118 |
---|
| 3936 | + | (A) A definition of the community served by the hospital and a 3119 |
---|
| 3937 | + | description of how the community was determined; 3120 |
---|
| 3938 | + | (B) A description of the process and methods used to conduct the 3121 |
---|
| 3939 | + | community health needs assessment; 3122 |
---|
| 3940 | + | (C) A description of how the hospital solicited and took into account 3123 |
---|
| 3941 | + | input received from persons who represent the broad interests of the 3124 |
---|
| 3942 | + | community it serves; 3125 |
---|
| 3943 | + | (D) A prioritized description of the significant health needs of the 3126 |
---|
| 3944 | + | community identified through the community health needs assessment, 3127 |
---|
| 3945 | + | and a description of the process and criteria used in identifying certain 3128 |
---|
| 3946 | + | Governor's Bill No. 6660 |
---|
| 3947 | + | |
---|
| 3948 | + | |
---|
| 3949 | + | |
---|
| 3950 | + | LCO No. 4030 105 of 165 |
---|
| 3951 | + | |
---|
| 3952 | + | health needs as significant and prioritizing those significant health 3129 |
---|
| 3953 | + | needs; 3130 |
---|
| 3954 | + | (E) A description of the resources potentially available to address the 3131 |
---|
| 3955 | + | significant health needs identified through the community health needs 3132 |
---|
| 3956 | + | assessment; 3133 |
---|
| 3957 | + | (F) An evaluation of the impact of any actions that were taken, since 3134 |
---|
| 3958 | + | the hospital finished conducting its immediately preceding community 3135 |
---|
| 3959 | + | health needs assessment, to address the significant health needs 3136 |
---|
| 3960 | + | identified in the hospital's prior community health needs assessment; 3137 |
---|
| 3961 | + | and 3138 |
---|
| 3962 | + | (2) Additional documentation of the following: 3139 |
---|
| 3963 | + | (A) The names of the individuals responsible for developing the 3140 |
---|
| 3964 | + | community health needs assessment; 3141 |
---|
| 3965 | + | (B) The demographics of the population within the geographic 3142 |
---|
| 3966 | + | service area of the hospital and, to the extent feasible, a detailed 3143 |
---|
| 3967 | + | description of the health disparities, health risks, insurance status, 3144 |
---|
| 3968 | + | service utilization patterns and health care costs within such geographic 3145 |
---|
| 3969 | + | service area; 3146 |
---|
| 3970 | + | (C) A description of the health status and health disparities affecting 3147 |
---|
| 3971 | + | the population within the geographic service area of the hospital, 3148 |
---|
| 3972 | + | including, but not limited to, the health status and health disparities 3149 |
---|
| 3973 | + | affecting a representative spectrum of age, racial and ethnic groups, 3150 |
---|
| 3974 | + | incomes and medically underserved populations; 3151 |
---|
| 3975 | + | (D) A description of the meaningful participation afforded to 3152 |
---|
| 3976 | + | community benefit partners and diverse community members in 3153 |
---|
| 3977 | + | assessing community health needs, priorities and target populations; 3154 |
---|
| 3978 | + | (E) A description of the barriers to achieving or maintaining health 3155 |
---|
| 3979 | + | and to accessing health care, including, but not limited to, social, 3156 |
---|
| 3980 | + | economic and environmental barriers, lack of access to or availability of 3157 |
---|
| 3981 | + | Governor's Bill No. 6660 |
---|
| 3982 | + | |
---|
| 3983 | + | |
---|
| 3984 | + | |
---|
| 3985 | + | LCO No. 4030 106 of 165 |
---|
| 3986 | + | |
---|
| 3987 | + | sources of health care coverage and services and a lack of access to and 3158 |
---|
| 3988 | + | availability of prevention and health promotion services and support; 3159 |
---|
| 3989 | + | (F) Recommendations regarding the role that the state and other 3160 |
---|
| 3990 | + | community benefit partners could play in removing the barriers 3161 |
---|
| 3991 | + | described in subparagraph (E) of this subdivision and enabling effective 3162 |
---|
| 3992 | + | solutions; and 3163 |
---|
| 3993 | + | (G) Any additional information, data or disclosures that the hospital 3164 |
---|
| 3994 | + | voluntarily chooses to include as may be relevant to its community 3165 |
---|
| 3995 | + | benefit program. 3166 |
---|
| 3996 | + | (d) Each hospital shall submit its implementation strategy to the 3167 |
---|
| 3997 | + | Office of Health Strategy not later than thirty days after the date on 3168 |
---|
| 3998 | + | which such implementation strategy is adopted pursuant to 26 CFR 3169 |
---|
| 3999 | + | 1.501(r)-(3)(c), provided the [executive director of the Office] 3170 |
---|
| 4000 | + | Commissioner of Health Strategy, or the [executive director's] 3171 |
---|
| 4001 | + | commissioner's designee, may grant an extension to a hospital for the 3172 |
---|
| 4002 | + | filing of such implementation strategy. Such submission shall contain 3173 |
---|
| 4003 | + | the following: 3174 |
---|
| 4004 | + | (1) Consistent with the requirements set forth in 26 CFR 1.501(r)-3175 |
---|
| 4005 | + | (3)(b)(6)(i), and as included in a hospital's federal filing submitted to the 3176 |
---|
| 4006 | + | Internal Revenue Service: 3177 |
---|
| 4007 | + | (A) With respect to each significant health need identified through 3178 |
---|
| 4008 | + | the community health needs assessment, either (i) a description of how 3179 |
---|
| 4009 | + | the hospital plans to address the health need, or (ii) identification of the 3180 |
---|
| 4010 | + | health need as one which the hospital does not intend to address; 3181 |
---|
| 4011 | + | (B) For significant health needs described in subparagraph (A)(i) of 3182 |
---|
| 4012 | + | this subdivision, (i) a description of the actions that the hospital intends 3183 |
---|
| 4013 | + | to take to address the health need and the anticipated impact of such 3184 |
---|
| 4014 | + | actions, (ii) identification of the resources that the hospital plans to 3185 |
---|
| 4015 | + | commit to address the health need, and (iii) a description of any planned 3186 |
---|
| 4016 | + | collaboration between the hospital and other facilities or organizations 3187 |
---|
| 4017 | + | Governor's Bill No. 6660 |
---|
| 4018 | + | |
---|
| 4019 | + | |
---|
| 4020 | + | |
---|
| 4021 | + | LCO No. 4030 107 of 165 |
---|
| 4022 | + | |
---|
| 4023 | + | to address the health need; 3188 |
---|
| 4024 | + | (C) For significant health needs identified in subparagraph (A)(ii) of 3189 |
---|
| 4025 | + | this subdivision, an explanation of why the hospital does not intend to 3190 |
---|
| 4026 | + | address such health need; and 3191 |
---|
| 4027 | + | (2) Additional documentation of the following: 3192 |
---|
| 4028 | + | (A) The names of the individuals responsible for developing the 3193 |
---|
| 4029 | + | implementation strategy; 3194 |
---|
| 4030 | + | (B) A description of the meaningful participation afforded to 3195 |
---|
| 4031 | + | community benefit partners and diverse community members; 3196 |
---|
| 4032 | + | (C) A description of the community health needs and health 3197 |
---|
| 4033 | + | disparities that were prioritized in developing the implementation 3198 |
---|
| 4034 | + | strategy with consideration given to the most recent version of the state 3199 |
---|
| 4035 | + | health plan prepared by the Department of Public Health pursuant to 3200 |
---|
| 4036 | + | section 19a-7; 3201 |
---|
| 4037 | + | (D) Reference-citing evidence, if available, that shows how the 3202 |
---|
| 4038 | + | implementation strategy is intended to address the corresponding 3203 |
---|
| 4039 | + | health need or reduction in health disparity; 3204 |
---|
| 4040 | + | (E) A description of the planned methods for the ongoing evaluation 3205 |
---|
| 4041 | + | of proposed actions and corresponding process or outcome measures 3206 |
---|
| 4042 | + | intended for use in assessing progress or impact; 3207 |
---|
| 4043 | + | (F) A description of how the hospital solicited commentary on the 3208 |
---|
| 4044 | + | implementation strategy from the communities within such hospital's 3209 |
---|
| 4045 | + | geographic service area and revisions to such strategy based on such 3210 |
---|
| 4046 | + | commentary; and 3211 |
---|
| 4047 | + | (G) Any other information that the hospital voluntarily chooses to 3212 |
---|
| 4048 | + | include as may be relevant to its implementation strategy, including, but 3213 |
---|
| 4049 | + | not limited to, data, disclosures, expected or planned resource outlay, 3214 |
---|
| 4050 | + | investments or commitments, including, but not limited to, staff, 3215 |
---|
| 4051 | + | Governor's Bill No. 6660 |
---|
| 4052 | + | |
---|
| 4053 | + | |
---|
| 4054 | + | |
---|
| 4055 | + | LCO No. 4030 108 of 165 |
---|
| 4056 | + | |
---|
| 4057 | + | financial or in-kind commitments. 3216 |
---|
| 4058 | + | (e) On or before October 1, 2023, and annually thereafter, each 3217 |
---|
| 4059 | + | hospital shall submit to the Office of Health Strategy a status report on 3218 |
---|
| 4060 | + | such hospital's community benefit program, provided the [executive 3219 |
---|
| 4061 | + | director of the Office] Commissioner of Health Strategy, or the 3220 |
---|
| 4062 | + | [executive director's] commissioner's designee, may grant an extension 3221 |
---|
| 4063 | + | to a hospital for the filing of such report. Such report shall include the 3222 |
---|
| 4064 | + | following: 3223 |
---|
| 4065 | + | (1) A description of major updates regarding community health 3224 |
---|
| 4066 | + | needs, priorities and target populations, if any; 3225 |
---|
| 4067 | + | (2) A description of progress made regarding the hospital's actions in 3226 |
---|
| 4068 | + | support of its implementation strategy; 3227 |
---|
| 4069 | + | (3) A description of any major changes to the proposed 3228 |
---|
| 4070 | + | implementation strategy and associated hospital actions; and 3229 |
---|
| 4071 | + | (4) A description of financial resources and other resources allocated 3230 |
---|
| 4072 | + | or expended that supported the actions taken in support of the hospital's 3231 |
---|
| 4073 | + | implementation strategy. 3232 |
---|
| 4074 | + | (f) Notwithstanding the provisions of section 19a-755a, as amended 3233 |
---|
| 4075 | + | by this act, and to the full extent permitted by 45 CFR 164.514(e), the 3234 |
---|
| 4076 | + | Office of Health Strategy shall make data in the all-payer claims 3235 |
---|
| 4077 | + | database available to hospitals for use in their community benefit 3236 |
---|
| 4078 | + | programs and activities solely for the purposes of (1) preparing the 3237 |
---|
| 4079 | + | hospital's community health needs assessment, (2) preparing and 3238 |
---|
| 4080 | + | executing the hospital's implementation strategy, and (3) fulfilling 3239 |
---|
| 4081 | + | community benefit program reporting, as described in subsections (c) to 3240 |
---|
| 4082 | + | (e), inclusive, of this section. Any disclosure made by said office 3241 |
---|
| 4083 | + | pursuant to this subsection of information other than health information 3242 |
---|
| 4084 | + | shall be made in a manner to protect the confidentiality of such 3243 |
---|
| 4085 | + | information as may be required by state or federal law. 3244 |
---|
| 4086 | + | Governor's Bill No. 6660 |
---|
| 4087 | + | |
---|
| 4088 | + | |
---|
| 4089 | + | |
---|
| 4090 | + | LCO No. 4030 109 of 165 |
---|
| 4091 | + | |
---|
| 4092 | + | (g) A hospital shall not be responsible for limitations in its ability to 3245 |
---|
| 4093 | + | fulfill community benefit program reporting requirements, as described 3246 |
---|
| 4094 | + | in subsections (c) to (e), inclusive, of this section, if the all-payer claims 3247 |
---|
| 4095 | + | database data is not provided to such hospital, as required by subsection 3248 |
---|
| 4096 | + | (f) of this section. 3249 |
---|
| 4097 | + | (h) On or before April 1, 2024, and annually thereafter, the [executive 3250 |
---|
| 4098 | + | director of the Office] Commissioner of Health Strategy shall develop a 3251 |
---|
| 4099 | + | summary and analysis of the community benefit program reporting 3252 |
---|
| 4100 | + | submitted by hospitals under this section during the previous calendar 3253 |
---|
| 4101 | + | year and post such summary and analysis on its Internet web site and 3254 |
---|
| 4102 | + | solicit stakeholder input through a public comment period. The Office 3255 |
---|
| 4103 | + | of Health Strategy shall use such reporting and stakeholder input to: 3256 |
---|
| 4104 | + | (1) Identify additional stakeholders that may be engaged to address 3257 |
---|
| 4105 | + | identified community health needs including, but not limited to, federal, 3258 |
---|
| 4106 | + | state and municipal entities, nonhospital private sector health care 3259 |
---|
| 4107 | + | providers and private sector entities that are not health care providers, 3260 |
---|
| 4108 | + | including community-based organizations, insurers and charitable 3261 |
---|
| 4109 | + | organizations; 3262 |
---|
| 4110 | + | (2) Determine how each identified stakeholder could assist in 3263 |
---|
| 4111 | + | addressing identified community health needs or augmenting solutions 3264 |
---|
| 4112 | + | or approaches reported in the implementation strategies; 3265 |
---|
| 4113 | + | (3) Determine whether to make recommendations to the Department 3266 |
---|
| 4114 | + | of Public Health in the development of its state health plan; and 3267 |
---|
| 4115 | + | (4) Inform the state-wide health care facilities and services plan 3268 |
---|
| 4116 | + | established pursuant to section 19a-634, as amended by this act. 3269 |
---|
| 4117 | + | Sec. 90. Subdivision (19) of subsection (b) of section 19a-133a of the 3270 |
---|
| 4118 | + | general statutes is repealed and the following is substituted in lieu 3271 |
---|
| 4119 | + | thereof (Effective from passage): 3272 |
---|
| 4120 | + | (19) The [executive director of the Office] Commissioner of Health 3273 |
---|
| 4121 | + | Governor's Bill No. 6660 |
---|
| 4122 | + | |
---|
| 4123 | + | |
---|
| 4124 | + | |
---|
| 4125 | + | LCO No. 4030 110 of 165 |
---|
| 4126 | + | |
---|
| 4127 | + | Strategy, or the [executive director's] commissioner's designee; 3274 |
---|
| 4128 | + | Sec. 91. Section 19a-486 of the general statutes is repealed and the 3275 |
---|
| 4129 | + | following is substituted in lieu thereof (Effective from passage): 3276 |
---|
| 4130 | + | For purposes of sections 19a-486 to 19a-486h, inclusive, as amended 3277 |
---|
| 4131 | + | by this act: 3278 |
---|
| 4132 | + | (1) "Nonprofit hospital" means a nonprofit entity licensed as a 3279 |
---|
| 4133 | + | hospital pursuant to this chapter and any entity affiliated with such a 3280 |
---|
| 4134 | + | hospital through governance or membership, including, but not limited 3281 |
---|
| 4135 | + | to, a holding company or subsidiary. 3282 |
---|
| 4136 | + | (2) "Purchaser" means a person acquiring any assets of a nonprofit 3283 |
---|
| 4137 | + | hospital through a transfer. 3284 |
---|
| 4138 | + | (3) "Person" means any individual, firm, partnership, corporation, 3285 |
---|
| 4139 | + | limited liability company, association or other entity. 3286 |
---|
| 4140 | + | (4) "Transfer" means to sell, transfer, lease, exchange, option, convey, 3287 |
---|
| 4141 | + | give or otherwise dispose of or transfer control over, including, but not 3288 |
---|
| 4142 | + | limited to, transfer by way of merger or joint venture not in the ordinary 3289 |
---|
| 4143 | + | course of business. 3290 |
---|
| 4144 | + | (5) "Control" has the meaning assigned to it in section 36b-41. 3291 |
---|
| 4145 | + | (6) ["Executive director"] "Commissioner" means the [executive 3292 |
---|
| 4146 | + | director of the Office] Commissioner of Health Strategy, established 3293 |
---|
| 4147 | + | under section 19a-754a, as amended by this act, or the [executive 3294 |
---|
| 4148 | + | director's] commissioner's designee. 3295 |
---|
| 4149 | + | Sec. 92. Subsections (a) to (f), inclusive, of section 19a-486a of the 3296 |
---|
| 4150 | + | general statutes are repealed and the following is substituted in lieu 3297 |
---|
| 4151 | + | thereof (Effective from passage): 3298 |
---|
| 4152 | + | (a) No nonprofit hospital shall enter into an agreement to transfer a 3299 |
---|
| 4153 | + | material amount of its assets or operations or a change in control of 3300 |
---|
| 4154 | + | Governor's Bill No. 6660 |
---|
| 4155 | + | |
---|
| 4156 | + | |
---|
| 4157 | + | |
---|
| 4158 | + | LCO No. 4030 111 of 165 |
---|
| 4159 | + | |
---|
| 4160 | + | operations to a person that is organized or operated for profit without 3301 |
---|
| 4161 | + | first having received approval of the agreement by the [executive 3302 |
---|
| 4162 | + | director] commissioner and the Attorney General pursuant to sections 3303 |
---|
| 4163 | + | 19a-486 to 19a-486h, inclusive, as amended by this act, and pursuant to 3304 |
---|
| 4164 | + | the Attorney General's authority under section 3-125. Any such 3305 |
---|
| 4165 | + | agreement without the approval required by sections 19a-486 to 19a-3306 |
---|
| 4166 | + | 486h, inclusive, as amended by this act, shall be void. 3307 |
---|
| 4167 | + | (b) Prior to any transaction described in subsection (a) of this section, 3308 |
---|
| 4168 | + | the nonprofit hospital and the purchaser shall concurrently submit a 3309 |
---|
| 4169 | + | certificate of need determination letter as described in subsection (c) of 3310 |
---|
| 4170 | + | section 19a-638 to the [executive director] commissioner and the 3311 |
---|
| 4171 | + | Attorney General by serving it on them by certified mail, return receipt 3312 |
---|
| 4172 | + | requested, or delivering it by hand to each office. The certificate of need 3313 |
---|
| 4173 | + | determination letter shall contain: (1) The name and address of the 3314 |
---|
| 4174 | + | nonprofit hospital; (2) the name and address of the purchaser; (3) a brief 3315 |
---|
| 4175 | + | description of the terms of the proposed agreement; and (4) the 3316 |
---|
| 4176 | + | estimated capital expenditure, cost or value associated with the 3317 |
---|
| 4177 | + | proposed agreement. The certificate of need determination letter shall 3318 |
---|
| 4178 | + | be subject to disclosure pursuant to section 1-210. 3319 |
---|
| 4179 | + | (c) Not later than thirty days after receipt of the certificate of need 3320 |
---|
| 4180 | + | determination letter by the [executive director] commissioner and the 3321 |
---|
| 4181 | + | Attorney General, the purchaser and the nonprofit hospital shall hold a 3322 |
---|
| 4182 | + | hearing on the contents of the certificate of need determination letter in 3323 |
---|
| 4183 | + | the municipality in which the new hospital is proposed to be located. 3324 |
---|
| 4184 | + | The nonprofit hospital shall provide not less than two weeks' advance 3325 |
---|
| 4185 | + | notice of the hearing to the public by publication in a newspaper having 3326 |
---|
| 4186 | + | a substantial circulation in the affected community for not less than 3327 |
---|
| 4187 | + | three consecutive days. Such notice shall contain substantially the same 3328 |
---|
| 4188 | + | information as in the certificate of need determination letter. The 3329 |
---|
| 4189 | + | purchaser and the nonprofit hospital shall record and transcribe the 3330 |
---|
| 4190 | + | hearing and make such recording or transcription available to the 3331 |
---|
| 4191 | + | [executive director] commissioner, the Attorney General or members of 3332 |
---|
| 4192 | + | the public upon request. A public hearing held in accordance with the 3333 |
---|
| 4193 | + | Governor's Bill No. 6660 |
---|
| 4194 | + | |
---|
| 4195 | + | |
---|
| 4196 | + | |
---|
| 4197 | + | LCO No. 4030 112 of 165 |
---|
| 4198 | + | |
---|
| 4199 | + | provisions of section 19a-639a, as amended by this act, shall satisfy the 3334 |
---|
| 4200 | + | requirements of this subsection. 3335 |
---|
| 4201 | + | (d) The [executive director] commissioner and the Attorney General 3336 |
---|
| 4202 | + | shall review the certificate of need determination letter. The Attorney 3337 |
---|
| 4203 | + | General shall determine whether the agreement requires approval 3338 |
---|
| 4204 | + | pursuant to this chapter. If such approval is required, the [executive 3339 |
---|
| 4205 | + | director] commissioner and the Attorney General shall transmit to the 3340 |
---|
| 4206 | + | purchaser and the nonprofit hospital an application form for approval 3341 |
---|
| 4207 | + | pursuant to this chapter, unless the [executive director] commissioner 3342 |
---|
| 4208 | + | refuses to accept a filed or submitted certificate of need determination 3343 |
---|
| 4209 | + | letter. Such application form shall require the following information: (1) 3344 |
---|
| 4210 | + | The name and address of the nonprofit hospital; (2) the name and 3345 |
---|
| 4211 | + | address of the purchaser; (3) a description of the terms of the proposed 3346 |
---|
| 4212 | + | agreement; (4) copies of all contracts, agreements and memoranda of 3347 |
---|
| 4213 | + | understanding relating to the proposed agreement; (5) a fairness 3348 |
---|
| 4214 | + | evaluation by an independent person who is an expert in such 3349 |
---|
| 4215 | + | agreements, that includes an analysis of each of the criteria set forth in 3350 |
---|
| 4216 | + | section 19a-486c; (6) documentation that the nonprofit hospital 3351 |
---|
| 4217 | + | exercised the due diligence required by subdivision (2) of subsection (a) 3352 |
---|
| 4218 | + | of section 19a-486c, including disclosure of the terms of any other offers 3353 |
---|
| 4219 | + | to transfer assets or operations or change control of operations received 3354 |
---|
| 4220 | + | by the nonprofit hospital and the reason for rejection of such offers; and 3355 |
---|
| 4221 | + | (7) such other information as the [executive director] commissioner or 3356 |
---|
| 4222 | + | the Attorney General deem necessary to their review pursuant to the 3357 |
---|
| 4223 | + | provisions of sections 19a-486 to 19a-486f, inclusive, as amended by this 3358 |
---|
| 4224 | + | act, and chapter 368z. The application shall be subject to disclosure 3359 |
---|
| 4225 | + | pursuant to section 1-210. 3360 |
---|
| 4226 | + | (e) No later than sixty days after the date of mailing of the application 3361 |
---|
| 4227 | + | form, the nonprofit hospital and the purchaser shall concurrently file an 3362 |
---|
| 4228 | + | application with the [executive director] commissioner and the Attorney 3363 |
---|
| 4229 | + | General containing all the required information. The [executive 3364 |
---|
| 4230 | + | director] commissioner and the Attorney General shall review the 3365 |
---|
| 4231 | + | application and determine whether the application is complete. The 3366 |
---|
| 4232 | + | Governor's Bill No. 6660 |
---|
| 4233 | + | |
---|
| 4234 | + | |
---|
| 4235 | + | |
---|
| 4236 | + | LCO No. 4030 113 of 165 |
---|
| 4237 | + | |
---|
| 4238 | + | [executive director] commissioner and the Attorney General shall, no 3367 |
---|
| 4239 | + | later than twenty days after the date of their receipt of the application, 3368 |
---|
| 4240 | + | provide written notice to the nonprofit hospital and the purchaser of 3369 |
---|
| 4241 | + | any deficiencies in the application. Such application shall not be deemed 3370 |
---|
| 4242 | + | complete until such deficiencies are corrected. 3371 |
---|
| 4243 | + | (f) No later than twenty-five days after the date of their receipt of the 3372 |
---|
| 4244 | + | completed application under this section, the [executive director] 3373 |
---|
| 4245 | + | commissioner and the Attorney General shall jointly publish a summary 3374 |
---|
| 4246 | + | of such agreement in a newspaper of general circulation where the 3375 |
---|
| 4247 | + | nonprofit hospital is located. 3376 |
---|
| 4248 | + | Sec. 93. Section 19a-486b of the general statutes is repealed and the 3377 |
---|
| 4249 | + | following is substituted in lieu thereof (Effective from passage): 3378 |
---|
| 4250 | + | (a) Not later than one hundred twenty days after the date of receipt 3379 |
---|
| 4251 | + | of the completed application pursuant to subsection (e) of section 19a-3380 |
---|
| 4252 | + | 486a, as amended by this act, the Attorney General and the [executive 3381 |
---|
| 4253 | + | director] commissioner shall approve the application, with or without 3382 |
---|
| 4254 | + | modification, or deny the application. The [executive director] 3383 |
---|
| 4255 | + | commissioner shall also determine, in accordance with the provisions of 3384 |
---|
| 4256 | + | chapter 368z, whether to approve, with or without modification, or deny 3385 |
---|
| 4257 | + | the application for a certificate of need that is part of the completed 3386 |
---|
| 4258 | + | application. Notwithstanding the provisions of section 19a-639a, as 3387 |
---|
| 4259 | + | amended by this act, the [executive director] commissioner shall 3388 |
---|
| 4260 | + | complete the decision on the application for a certificate of need within 3389 |
---|
| 4261 | + | the same time period as the completed application. Such one-hundred-3390 |
---|
| 4262 | + | twenty-day period may be extended by (1) agreement of the Attorney 3391 |
---|
| 4263 | + | General, the [executive director] commissioner, the nonprofit hospital 3392 |
---|
| 4264 | + | and the purchaser, or (2) the [executive director] commissioner for an 3393 |
---|
| 4265 | + | additional one hundred twenty days pending completion of a cost and 3394 |
---|
| 4266 | + | market impact review conducted pursuant to section 19a-639f, as 3395 |
---|
| 4267 | + | amended by this act. If the Attorney General initiates a proceeding to 3396 |
---|
| 4268 | + | enforce a subpoena pursuant to section 19a-486c or 19a-486d, as 3397 |
---|
| 4269 | + | amended by this act, the one-hundred-twenty-day period shall be tolled 3398 |
---|
| 4270 | + | Governor's Bill No. 6660 |
---|
| 4271 | + | |
---|
| 4272 | + | |
---|
| 4273 | + | |
---|
| 4274 | + | LCO No. 4030 114 of 165 |
---|
| 4275 | + | |
---|
| 4276 | + | until the final court decision on the last pending enforcement 3399 |
---|
| 4277 | + | proceeding, including any appeal or time for the filing of such appeal. 3400 |
---|
| 4278 | + | Unless the one-hundred-twenty-day period is extended pursuant to this 3401 |
---|
| 4279 | + | section, if the [executive director] commissioner and Attorney General 3402 |
---|
| 4280 | + | fail to take action on an agreement prior to the one hundred twenty-first 3403 |
---|
| 4281 | + | day after the date of the filing of the completed application, the 3404 |
---|
| 4282 | + | application shall be deemed approved. 3405 |
---|
| 4283 | + | (b) The [executive director] commissioner and the Attorney General 3406 |
---|
| 4284 | + | may place any conditions on the approval of an application that relate 3407 |
---|
| 4285 | + | to the purposes of sections 19a-486a to 19a-486h, inclusive, as amended 3408 |
---|
| 4286 | + | by this act. In placing any such conditions the [executive director] 3409 |
---|
| 4287 | + | commissioner shall follow the guidelines and criteria described in 3410 |
---|
| 4288 | + | subdivision (4) of subsection (d) of section 19a-639. Any such conditions 3411 |
---|
| 4289 | + | may be in addition to any conditions placed by the [executive director] 3412 |
---|
| 4290 | + | commissioner pursuant to subdivision (4) of subsection (d) of section 3413 |
---|
| 4291 | + | 19a-639. 3414 |
---|
| 4292 | + | Sec. 94. Section 19a-486d of the general statutes is repealed and the 3415 |
---|
| 4293 | + | following is substituted in lieu thereof (Effective from passage): 3416 |
---|
| 4294 | + | (a) The [executive director] commissioner shall deny an application 3417 |
---|
| 4295 | + | filed pursuant to subsection (d) of section 19a-486a, as amended by this 3418 |
---|
| 4296 | + | act, unless the [executive director] commissioner finds that: (1) In a 3419 |
---|
| 4297 | + | situation where the asset or operation to be transferred provides or has 3420 |
---|
| 4298 | + | provided health care services to the uninsured or underinsured, the 3421 |
---|
| 4299 | + | purchaser has made a commitment to provide health care to the 3422 |
---|
| 4300 | + | uninsured and the underinsured; (2) in a situation where health care 3423 |
---|
| 4301 | + | providers or insurers will be offered the opportunity to invest or own 3424 |
---|
| 4302 | + | an interest in the purchaser or an entity related to the purchaser 3425 |
---|
| 4303 | + | safeguard procedures are in place to avoid a conflict of interest in patient 3426 |
---|
| 4304 | + | referral; and (3) certificate of need authorization is justified in 3427 |
---|
| 4305 | + | accordance with chapter 368z. The [executive director] commissioner 3428 |
---|
| 4306 | + | may contract with any person, including, but not limited to, financial or 3429 |
---|
| 4307 | + | actuarial experts or consultants, or legal experts with the approval of the 3430 |
---|
| 4308 | + | Governor's Bill No. 6660 |
---|
| 4309 | + | |
---|
| 4310 | + | |
---|
| 4311 | + | |
---|
| 4312 | + | LCO No. 4030 115 of 165 |
---|
| 4313 | + | |
---|
| 4314 | + | Attorney General, to assist in reviewing the completed application. The 3431 |
---|
| 4315 | + | [executive director] commissioner shall submit any bills for such 3432 |
---|
| 4316 | + | contracts to the purchaser. Such bills shall not exceed one hundred fifty 3433 |
---|
| 4317 | + | thousand dollars. The purchaser shall pay such bills no later than thirty 3434 |
---|
| 4318 | + | days after the date of receipt of such bills. 3435 |
---|
| 4319 | + | (b) The [executive director] commissioner may, during the course of 3436 |
---|
| 4320 | + | a review required by this section: (1) Issue in writing and cause to be 3437 |
---|
| 4321 | + | served upon any person, by subpoena, a demand that such person 3438 |
---|
| 4322 | + | appear before the [executive director] commissioner and give testimony 3439 |
---|
| 4323 | + | or produce documents as to any matters relevant to the scope of the 3440 |
---|
| 4324 | + | review; and (2) issue written interrogatories, to be answered under oath, 3441 |
---|
| 4325 | + | as to any matters relevant to the scope of the review and prescribing a 3442 |
---|
| 4326 | + | return date that would allow a reasonable time to respond. If any person 3443 |
---|
| 4327 | + | fails to comply with the provisions of this subsection, the [executive 3444 |
---|
| 4328 | + | director] commissioner, through the Attorney General, may apply to the 3445 |
---|
| 4329 | + | superior court for the judicial district of Hartford seeking enforcement 3446 |
---|
| 4330 | + | of such subpoena. The superior court may, upon notice to such person, 3447 |
---|
| 4331 | + | issue and cause to be served an order requiring compliance. Service of 3448 |
---|
| 4332 | + | subpoenas ad testificandum, subpoenas duces tecum, notices of 3449 |
---|
| 4333 | + | deposition and written interrogatories as provided in this subsection 3450 |
---|
| 4334 | + | may be made by personal service at the usual place of abode or by 3451 |
---|
| 4335 | + | certified mail, return receipt requested, addressed to the person to be 3452 |
---|
| 4336 | + | served at such person's principal place of business within or without 3453 |
---|
| 4337 | + | this state or such person's residence. 3454 |
---|
| 4338 | + | Sec. 95. Section 19a-486e of the general statutes is repealed and the 3455 |
---|
| 4339 | + | following is substituted in lieu thereof (Effective from passage): 3456 |
---|
| 4340 | + | Prior to making any decision to approve, with or without 3457 |
---|
| 4341 | + | modification, or deny any application filed pursuant to subsection (d) 3458 |
---|
| 4342 | + | of section 19a-486a, as amended by this act, the Attorney General and 3459 |
---|
| 4343 | + | the [executive director] commissioner shall jointly conduct one or more 3460 |
---|
| 4344 | + | public hearings, one of which shall be in the primary service area of the 3461 |
---|
| 4345 | + | nonprofit hospital. At least fourteen days before conducting the public 3462 |
---|
| 4346 | + | Governor's Bill No. 6660 |
---|
| 4347 | + | |
---|
| 4348 | + | |
---|
| 4349 | + | |
---|
| 4350 | + | LCO No. 4030 116 of 165 |
---|
| 4351 | + | |
---|
| 4352 | + | hearing, the Attorney General and the [executive director] 3463 |
---|
| 4353 | + | commissioner shall provide notice of the time and place of the hearing 3464 |
---|
| 4354 | + | through publication in one or more newspapers of general circulation 3465 |
---|
| 4355 | + | in the affected community. 3466 |
---|
| 4356 | + | Sec. 96. Section 19a-486f of the general statutes is repealed and the 3467 |
---|
| 4357 | + | following is substituted in lieu thereof (Effective from passage): 3468 |
---|
| 4358 | + | If the [executive director] commissioner or the Attorney General 3469 |
---|
| 4359 | + | denies an application filed pursuant to subsection (d) of section 19a-3470 |
---|
| 4360 | + | 486a, as amended by this act, or approves it with modification, the 3471 |
---|
| 4361 | + | nonprofit hospital or the purchaser may appeal such decision in the 3472 |
---|
| 4362 | + | same manner as provided in section 4-183, provided that nothing in 3473 |
---|
| 4363 | + | sections 19a-486 to 19a-486f, inclusive, as amended by this act, shall be 3474 |
---|
| 4364 | + | construed to apply the provisions of chapter 54 to the proceedings of the 3475 |
---|
| 4365 | + | Attorney General. 3476 |
---|
| 4366 | + | Sec. 97. Section 19a-486g of the general statutes is repealed and the 3477 |
---|
| 4367 | + | following is substituted in lieu thereof (Effective from passage): 3478 |
---|
| 4368 | + | The Commissioner of Public Health shall refuse to issue a license to, 3479 |
---|
| 4369 | + | or if issued shall suspend or revoke the license of, a hospital if the 3480 |
---|
| 4370 | + | commissioner finds, after a hearing and opportunity to be heard, that: 3481 |
---|
| 4371 | + | (1) There was a transaction described in section 19a-486a, as amended 3482 |
---|
| 4372 | + | by this act, that occurred without the approval of the [executive director] 3483 |
---|
| 4373 | + | commissioner, if such approval was required by sections 19a-486 to 19a-3484 |
---|
| 4374 | + | 486h, inclusive, as amended by this act; 3485 |
---|
| 4375 | + | (2) There was a transaction described in section 19a-486a, as amended 3486 |
---|
| 4376 | + | by this act, without the approval of the Attorney General, if such 3487 |
---|
| 4377 | + | approval was required by sections 19a-486 to 19a-486h, inclusive, as 3488 |
---|
| 4378 | + | amended by this act, and the Attorney General certifies to the [executive 3489 |
---|
| 4379 | + | director] commissioner that such transaction involved a material 3490 |
---|
| 4380 | + | amount of the nonprofit hospital's assets or operations or a change in 3491 |
---|
| 4381 | + | control of operations; or 3492 |
---|
| 4382 | + | Governor's Bill No. 6660 |
---|
| 4383 | + | |
---|
| 4384 | + | |
---|
| 4385 | + | |
---|
| 4386 | + | LCO No. 4030 117 of 165 |
---|
| 4387 | + | |
---|
| 4388 | + | (3) The hospital is not complying with the terms of an agreement 3493 |
---|
| 4389 | + | approved by the Attorney General and [executive director] 3494 |
---|
| 4390 | + | commissioner pursuant to sections 19a-486 to 19a-486h, inclusive, as 3495 |
---|
| 4391 | + | amended by this act. 3496 |
---|
| 4392 | + | Sec. 98. Section 19a-486h of the general statutes is repealed and the 3497 |
---|
| 4393 | + | following is substituted in lieu thereof (Effective from passage): 3498 |
---|
| 4394 | + | Nothing in sections 19a-486 to 19a-486h, inclusive, as amended by 3499 |
---|
| 4395 | + | this act, shall be construed to limit: (1) The common law or statutory 3500 |
---|
| 4396 | + | authority of the Attorney General; (2) the statutory authority of the 3501 |
---|
| 4397 | + | Commissioner of Public Health including, but not limited to, licensing; 3502 |
---|
| 4398 | + | (3) the statutory authority of the [executive director of the Office] 3503 |
---|
| 4399 | + | Commissioner of Health Strategy, including, but not limited to, 3504 |
---|
| 4400 | + | certificate of need authority; or (4) the application of the doctrine of cy 3505 |
---|
| 4401 | + | pres or approximation. 3506 |
---|
| 4402 | + | Sec. 99. Subsections (d) to (i), inclusive, of section 19a-486i of the 3507 |
---|
| 4403 | + | general statutes are repealed and the following is substituted in lieu 3508 |
---|
| 4404 | + | thereof (Effective from passage): 3509 |
---|
| 4405 | + | (d) (1) The written notice required under subsection (c) of this section 3510 |
---|
| 4406 | + | shall identify each party to the transaction and describe the material 3511 |
---|
| 4407 | + | change as of the date of such notice to the business or corporate structure 3512 |
---|
| 4408 | + | of the group practice, including: (A) A description of the nature of the 3513 |
---|
| 4409 | + | proposed relationship among the parties to the proposed transaction; 3514 |
---|
| 4410 | + | (B) the names and specialties of each physician that is a member of the 3515 |
---|
| 4411 | + | group practice that is the subject of the proposed transaction and who 3516 |
---|
| 4412 | + | will practice medicine with the resulting group practice, hospital, 3517 |
---|
| 4413 | + | hospital system, captive professional entity, medical foundation or 3518 |
---|
| 4414 | + | other entity organized by, controlled by, or otherwise affiliated with 3519 |
---|
| 4415 | + | such hospital or hospital system following the effective date of the 3520 |
---|
| 4416 | + | transaction; (C) the names of the business entities that are to provide 3521 |
---|
| 4417 | + | services following the effective date of the transaction; (D) the address 3522 |
---|
| 4418 | + | for each location where such services are to be provided; (E) a 3523 |
---|
| 4419 | + | Governor's Bill No. 6660 |
---|
| 4420 | + | |
---|
| 4421 | + | |
---|
| 4422 | + | |
---|
| 4423 | + | LCO No. 4030 118 of 165 |
---|
| 4424 | + | |
---|
| 4425 | + | description of the services to be provided at each such location; and (F) 3524 |
---|
| 4426 | + | the primary service area to be served by each such location. 3525 |
---|
| 4427 | + | (2) Not later than thirty days after the effective date of any transaction 3526 |
---|
| 4428 | + | described in subsection (c) of this section, the parties to the transaction 3527 |
---|
| 4429 | + | shall submit written notice to the [executive director of the Office] 3528 |
---|
| 4430 | + | Commissioner of Health Strategy. Such written notice shall include, but 3529 |
---|
| 4431 | + | need not be limited to, the same information described in subdivision 3530 |
---|
| 4432 | + | (1) of this subsection. The [executive director] commissioner shall post 3531 |
---|
| 4433 | + | a link to such notice on the Office of Health Strategy's Internet web site. 3532 |
---|
| 4434 | + | (e) Not less than thirty days prior to the effective date of any 3533 |
---|
| 4435 | + | transaction that results in an affiliation between one hospital or hospital 3534 |
---|
| 4436 | + | system and another hospital or hospital system, the parties to the 3535 |
---|
| 4437 | + | affiliation shall submit written notice to the Attorney General of such 3536 |
---|
| 4438 | + | affiliation. Such written notice shall identify each party to the affiliation 3537 |
---|
| 4439 | + | and describe the affiliation as of the date of such notice, including: (1) A 3538 |
---|
| 4440 | + | description of the nature of the proposed relationship among the parties 3539 |
---|
| 4441 | + | to the affiliation; (2) the names of the business entities that are to provide 3540 |
---|
| 4442 | + | services following the effective date of the affiliation; (3) the address for 3541 |
---|
| 4443 | + | each location where such services are to be provided; (4) a description 3542 |
---|
| 4444 | + | of the services to be provided at each such location; and (5) the primary 3543 |
---|
| 4445 | + | service area to be served by each such location. 3544 |
---|
| 4446 | + | (f) Written information submitted to the Attorney General pursuant 3545 |
---|
| 4447 | + | to subsections (b) to (e), inclusive, of this section shall be maintained and 3546 |
---|
| 4448 | + | used by the Attorney General in the same manner as provided in section 3547 |
---|
| 4449 | + | 35-42. 3548 |
---|
| 4450 | + | (g) Not later than January 15, 2018, and annually thereafter, each 3549 |
---|
| 4451 | + | hospital and hospital system shall file with the Attorney General and 3550 |
---|
| 4452 | + | the [executive director of the Office] Commissioner of Health Strategy a 3551 |
---|
| 4453 | + | written report describing the activities of the group practices owned or 3552 |
---|
| 4454 | + | affiliated with such hospital or hospital system. Such report shall 3553 |
---|
| 4455 | + | include, for each such group practice: (1) A description of the nature of 3554 |
---|
| 4456 | + | Governor's Bill No. 6660 |
---|
| 4457 | + | |
---|
| 4458 | + | |
---|
| 4459 | + | |
---|
| 4460 | + | LCO No. 4030 119 of 165 |
---|
| 4461 | + | |
---|
| 4462 | + | the relationship between the hospital or hospital system and the group 3555 |
---|
| 4463 | + | practice; (2) the names and specialties of each physician practicing 3556 |
---|
| 4464 | + | medicine with the group practice; (3) the names of the business entities 3557 |
---|
| 4465 | + | that provide services as part of the group practice and the address for 3558 |
---|
| 4466 | + | each location where such services are provided; (4) a description of the 3559 |
---|
| 4467 | + | services provided at each such location; and (5) the primary service area 3560 |
---|
| 4468 | + | served by each such location. 3561 |
---|
| 4469 | + | (h) Not later than January 15, 2018, and annually thereafter, each 3562 |
---|
| 4470 | + | group practice comprised of thirty or more physicians that is not the 3563 |
---|
| 4471 | + | subject of a report filed under subsection (g) of this section shall file with 3564 |
---|
| 4472 | + | the Attorney General and the [executive director of the Office] 3565 |
---|
| 4473 | + | Commissioner of Health Strategy a written report concerning the group 3566 |
---|
| 4474 | + | practice. Such report shall include, for each such group practice: (1) The 3567 |
---|
| 4475 | + | names and specialties of each physician practicing medicine with the 3568 |
---|
| 4476 | + | group practice; (2) the names of the business entities that provide 3569 |
---|
| 4477 | + | services as part of the group practice and the address for each location 3570 |
---|
| 4478 | + | where such services are provided; (3) a description of the services 3571 |
---|
| 4479 | + | provided at each such location; and (4) the primary service area served 3572 |
---|
| 4480 | + | by each such location. 3573 |
---|
| 4481 | + | (i) Not later than January 15, 2018, and annually thereafter, each 3574 |
---|
| 4482 | + | hospital and hospital system shall file with the Attorney General and 3575 |
---|
| 4483 | + | the [executive director of the Office] Commissioner of Health Strategy a 3576 |
---|
| 4484 | + | written report describing each affiliation with another hospital or 3577 |
---|
| 4485 | + | hospital system. Such report shall include: (1) The name and address of 3578 |
---|
| 4486 | + | each party to the affiliation; (2) a description of the nature of the 3579 |
---|
| 4487 | + | relationship among the parties to the affiliation; (3) the names of the 3580 |
---|
| 4488 | + | business entities that provide services as part of the affiliation and the 3581 |
---|
| 4489 | + | address for each location where such services are provided; (4) a 3582 |
---|
| 4490 | + | description of the services provided at each such location; and (5) the 3583 |
---|
| 4491 | + | primary service area served by each such location. 3584 |
---|
| 4492 | + | Sec. 100. Subsection (m) of section 19a-508c of the general statutes is 3585 |
---|
| 4493 | + | repealed and the following is substituted in lieu thereof (Effective from 3586 |
---|
| 4494 | + | Governor's Bill No. 6660 |
---|
| 4495 | + | |
---|
| 4496 | + | |
---|
| 4497 | + | |
---|
| 4498 | + | LCO No. 4030 120 of 165 |
---|
| 4499 | + | |
---|
| 4500 | + | passage): 3587 |
---|
| 4501 | + | (m) (1) Each hospital and health system shall report not later than July 3588 |
---|
| 4502 | + | 1, 2023, and annually thereafter to the [executive director of the Office] 3589 |
---|
| 4503 | + | Commissioner of Health Strategy, on a form prescribed by the 3590 |
---|
| 4504 | + | [executive director] commissioner, concerning facility fees charged or 3591 |
---|
| 4505 | + | billed during the preceding calendar year. Such report shall include (A) 3592 |
---|
| 4506 | + | the name and address of each facility owned or operated by the hospital 3593 |
---|
| 4507 | + | or health system that provides services for which a facility fee is charged 3594 |
---|
| 4508 | + | or billed, (B) the number of patient visits at each such facility for which 3595 |
---|
| 4509 | + | a facility fee was charged or billed, (C) the number, total amount and 3596 |
---|
| 4510 | + | range of allowable facility fees paid at each such facility disaggregated 3597 |
---|
| 4511 | + | by payer mix, (D) for each facility, the total amount of facility fees 3598 |
---|
| 4512 | + | charged and the total amount of revenue received by the hospital or 3599 |
---|
| 4513 | + | health system derived from facility fees, (E) the total amount of facility 3600 |
---|
| 4514 | + | fees charged and the total amount of revenue received by the hospital 3601 |
---|
| 4515 | + | or health system from all facilities derived from facility fees, (F) a 3602 |
---|
| 4516 | + | description of the ten procedures or services that generated the greatest 3603 |
---|
| 4517 | + | amount of facility fee gross revenue, disaggregated by current 3604 |
---|
| 4518 | + | procedural terminology category (CPT) code for each such procedure or 3605 |
---|
| 4519 | + | service and, for each such procedure or service, patient volume and the 3606 |
---|
| 4520 | + | total amount of gross and net revenue received by the hospital or health 3607 |
---|
| 4521 | + | system derived from facility fees, and (G) the top ten procedures or 3608 |
---|
| 4522 | + | services for which facility fees are charged based on patient volume and 3609 |
---|
| 4523 | + | the gross and net revenue received by the hospital or health system for 3610 |
---|
| 4524 | + | each such procedure or service. For purposes of this subsection, 3611 |
---|
| 4525 | + | "facility" means a hospital-based facility that is located outside a hospital 3612 |
---|
| 4526 | + | campus. 3613 |
---|
| 4527 | + | (2) The [executive director] commissioner shall publish the 3614 |
---|
| 4528 | + | information reported pursuant to subdivision (1) of this subsection, or 3615 |
---|
| 4529 | + | post a link to such information, on the Internet web site of the Office of 3616 |
---|
| 4530 | + | Health Strategy. 3617 |
---|
| 4531 | + | Sec. 101. Subsection (a) of section 19a-612 of the general statutes is 3618 |
---|
| 4532 | + | Governor's Bill No. 6660 |
---|
| 4533 | + | |
---|
| 4534 | + | |
---|
| 4535 | + | |
---|
| 4536 | + | LCO No. 4030 121 of 165 |
---|
| 4537 | + | |
---|
| 4538 | + | repealed and the following is substituted in lieu thereof (Effective from 3619 |
---|
| 4539 | + | passage): 3620 |
---|
| 4540 | + | (a) There is established, within the Office of Health Strategy, 3621 |
---|
| 4541 | + | established under section 19a-754a, as amended by this act, a unit to be 3622 |
---|
| 4542 | + | known as the Health Systems Planning Unit. The unit, under the 3623 |
---|
| 4543 | + | direction of the [executive director of the Office] Commissioner of 3624 |
---|
| 4544 | + | Health Strategy, shall constitute a successor to the former Office of 3625 |
---|
| 4545 | + | Health Care Access, in accordance with the provisions of sections 4-38d 3626 |
---|
| 4546 | + | and 4-39. 3627 |
---|
| 4547 | + | Sec. 102. Section 19a-612d of the general statutes is repealed and the 3628 |
---|
| 4548 | + | following is substituted in lieu thereof (Effective from passage): 3629 |
---|
| 4549 | + | (a) The [executive director of the Office] Commissioner of Health 3630 |
---|
| 4550 | + | Strategy shall oversee the Health Systems Planning Unit and shall 3631 |
---|
| 4551 | + | exercise independent decision-making authority over all certificate of 3632 |
---|
| 4552 | + | need decisions. 3633 |
---|
| 4553 | + | (b) Notwithstanding the provisions of subsection (a) of this section, 3634 |
---|
| 4554 | + | the Deputy Commissioner of Public Health shall retain independent 3635 |
---|
| 4555 | + | decision-making authority over only the certificate of need applications 3636 |
---|
| 4556 | + | that are pending before the Office of Health Care Access and have been 3637 |
---|
| 4557 | + | deemed completed by said office on or before May 14, 2018. Following 3638 |
---|
| 4558 | + | the issuance by the Deputy Commissioner of Public Health of a final 3639 |
---|
| 4559 | + | decision on any such certificate of need application, the [executive 3640 |
---|
| 4560 | + | director of the Office] Commissioner of Health Strategy shall exercise 3641 |
---|
| 4561 | + | independent authority on any further action required on such certificate 3642 |
---|
| 4562 | + | of need application or the certificate of need issued pursuant to such 3643 |
---|
| 4563 | + | application. 3644 |
---|
| 4564 | + | Sec. 103. Subsection (c) of section 19a-613 of the general statutes is 3645 |
---|
| 4565 | + | repealed and the following is substituted in lieu thereof (Effective from 3646 |
---|
| 4566 | + | passage): 3647 |
---|
| 4567 | + | (c) The [executive director of the Office] Commissioner of Health 3648 |
---|
| 4568 | + | Governor's Bill No. 6660 |
---|
| 4569 | + | |
---|
| 4570 | + | |
---|
| 4571 | + | |
---|
| 4572 | + | LCO No. 4030 122 of 165 |
---|
| 4573 | + | |
---|
| 4574 | + | Strategy, or [any person the executive director designates] the 3649 |
---|
| 4575 | + | commissioner's designee, may conduct a hearing and render a final 3650 |
---|
| 4576 | + | decision in any case when a hearing is required or authorized under the 3651 |
---|
| 4577 | + | provisions of any statute dealing with the Health Systems Planning 3652 |
---|
| 4578 | + | Unit. 3653 |
---|
| 4579 | + | Sec. 104. Section 19a-614 of the general statutes is repealed and the 3654 |
---|
| 4580 | + | following is substituted in lieu thereof (Effective from passage): 3655 |
---|
| 4581 | + | The [executive director of the Office] Commissioner of Health 3656 |
---|
| 4582 | + | Strategy may employ and pay professional and support staff subject to 3657 |
---|
| 4583 | + | the provisions of chapter 67 and contract with and engage consultants 3658 |
---|
| 4584 | + | and other independent professionals as may be necessary or desirable 3659 |
---|
| 4585 | + | to carry out the functions of the Health Systems Planning Unit. 3660 |
---|
| 4586 | + | Sec. 105. Subdivision (7) of section 19a-630 of the general statutes is 3661 |
---|
| 4587 | + | repealed and the following is substituted in lieu thereof (Effective from 3662 |
---|
| 4588 | + | passage): 3663 |
---|
| 4589 | + | (7) ["Executive director"] "Commissioner" means the [executive 3664 |
---|
| 4590 | + | director of the Office] Commissioner of Health Strategy. 3665 |
---|
| 4591 | + | Sec. 106. Subsection (b) of section 19a-631 of the general statutes is 3666 |
---|
| 4592 | + | repealed and the following is substituted in lieu thereof (Effective from 3667 |
---|
| 4593 | + | passage): 3668 |
---|
| 4594 | + | (b) Each hospital shall annually pay to the [executive director of the 3669 |
---|
| 4595 | + | Office] Commissioner of Health Strategy, for deposit in the General 3670 |
---|
| 4596 | + | Fund, an amount equal to its share of the actual expenditures made by 3671 |
---|
| 4597 | + | the unit during each fiscal year including the cost of fringe benefits for 3672 |
---|
| 4598 | + | unit personnel as estimated by the Comptroller, the amount of expenses 3673 |
---|
| 4599 | + | for central state services attributable to the unit for the fiscal year as 3674 |
---|
| 4600 | + | estimated by the Comptroller, plus the expenditures made on behalf of 3675 |
---|
| 4601 | + | the unit from the Capital Equipment Purchase Fund pursuant to section 3676 |
---|
| 4602 | + | 4a-9 for such year. Payments shall be made by assessment of all 3677 |
---|
| 4603 | + | hospitals of the costs calculated and collected in accordance with the 3678 |
---|
| 4604 | + | Governor's Bill No. 6660 |
---|
| 4605 | + | |
---|
| 4606 | + | |
---|
| 4607 | + | |
---|
| 4608 | + | LCO No. 4030 123 of 165 |
---|
| 4609 | + | |
---|
| 4610 | + | provisions of this section and section 19a-632, as amended by this act. If 3679 |
---|
| 4611 | + | for any reason a hospital ceases operation, any unpaid assessment for 3680 |
---|
| 4612 | + | the operations of the unit shall be reapportioned among the remaining 3681 |
---|
| 4613 | + | hospitals to be paid in addition to any other assessment. 3682 |
---|
| 4614 | + | Sec. 107. Subsections (d) and (e) of section 19a-632 of the general 3683 |
---|
| 4615 | + | statutes are repealed and the following is substituted in lieu thereof 3684 |
---|
| 4616 | + | (Effective from passage): 3685 |
---|
| 4617 | + | (d) Immediately following the close of each state fiscal year the 3686 |
---|
| 4618 | + | [executive director] commissioner shall recalculate the proposed 3687 |
---|
| 4619 | + | assessment for each hospital based on the costs of the unit in accordance 3688 |
---|
| 4620 | + | with subsection (b) of this section using the actual expenditures made 3689 |
---|
| 4621 | + | by the unit during that fiscal year and the actual expenditures made on 3690 |
---|
| 4622 | + | behalf of the unit from the Capital Equipment Purchase Fund pursuant 3691 |
---|
| 4623 | + | to section 4a-9. On or before August thirty-first, annually, the unit shall 3692 |
---|
| 4624 | + | render to each hospital a statement showing the difference between the 3693 |
---|
| 4625 | + | respective recalculated assessment and the amount previously paid. On 3694 |
---|
| 4626 | + | or before September thirtieth, the [executive director] commissioner, 3695 |
---|
| 4627 | + | after receiving any objections to such statements, shall make such 3696 |
---|
| 4628 | + | adjustments which in said [executive director's] commissioner's opinion 3697 |
---|
| 4629 | + | may be indicated and shall render an adjusted assessment, if any, to the 3698 |
---|
| 4630 | + | affected hospitals. Adjustments to reflect any credit or amount due 3699 |
---|
| 4631 | + | under the recalculated assessment for the previous state fiscal year shall 3700 |
---|
| 4632 | + | be made to the proposed assessment due on or before December thirty-3701 |
---|
| 4633 | + | first of the following state fiscal year. 3702 |
---|
| 4634 | + | (e) If any assessment is not paid when due, the [executive director] 3703 |
---|
| 4635 | + | commissioner shall impose a fee equal to (1) two per cent of the 3704 |
---|
| 4636 | + | assessment if such failure to pay is for not more than five days, (2) five 3705 |
---|
| 4637 | + | per cent of the assessment if such failure to pay is for more than five 3706 |
---|
| 4638 | + | days but not more than fifteen days, or (3) ten per cent of the assessment 3707 |
---|
| 4639 | + | if such failure to pay is for more than fifteen days. If a hospital fails to 3708 |
---|
| 4640 | + | pay any assessment for more than thirty days after the date when due, 3709 |
---|
| 4641 | + | the [executive director] commissioner may, in addition to the fees 3710 |
---|
| 4642 | + | Governor's Bill No. 6660 |
---|
| 4643 | + | |
---|
| 4644 | + | |
---|
| 4645 | + | |
---|
| 4646 | + | LCO No. 4030 124 of 165 |
---|
| 4647 | + | |
---|
| 4648 | + | imposed pursuant to this subsection, impose a civil penalty of up to one 3711 |
---|
| 4649 | + | thousand dollars per day for each day past the initial thirty days that the 3712 |
---|
| 4650 | + | assessment is not paid. Any civil penalty authorized by this subsection 3713 |
---|
| 4651 | + | shall be imposed by the [executive director] commissioner in accordance 3714 |
---|
| 4652 | + | with subsections (b) to (e), inclusive, of section 19a-653. 3715 |
---|
| 4653 | + | Sec. 108. Section 19a-633 of the general statutes is repealed and the 3716 |
---|
| 4654 | + | following is substituted in lieu thereof (Effective from passage): 3717 |
---|
| 4655 | + | The [executive director] commissioner, or any agent authorized by 3718 |
---|
| 4656 | + | such [executive director] commissioner to conduct any inquiry, 3719 |
---|
| 4657 | + | investigation or hearing under the provisions of this chapter, shall have 3720 |
---|
| 4658 | + | power to administer oaths and take testimony under oath relative to the 3721 |
---|
| 4659 | + | matter of inquiry or investigation. At any hearing ordered by the unit, 3722 |
---|
| 4660 | + | the [executive director] commissioner or such agent having authority by 3723 |
---|
| 4661 | + | law to issue such process may subpoena witnesses and require the 3724 |
---|
| 4662 | + | production of records, papers and documents pertinent to such inquiry. 3725 |
---|
| 4663 | + | If any person disobeys such process or, having appeared in obedience 3726 |
---|
| 4664 | + | thereto, refuses to answer any pertinent question put to such person by 3727 |
---|
| 4665 | + | the [executive director] commissioner or such [executive director's] 3728 |
---|
| 4666 | + | commissioner's authorized agent or to produce any records and papers 3729 |
---|
| 4667 | + | pursuant thereto, the [executive director] commissioner or such 3730 |
---|
| 4668 | + | [executive director's] commissioner's agent may apply to the superior 3731 |
---|
| 4669 | + | court for the judicial district of Hartford or for the judicial district 3732 |
---|
| 4670 | + | wherein the person resides or wherein the business has been conducted, 3733 |
---|
| 4671 | + | or to any judge of said court if the same is not in session, setting forth 3734 |
---|
| 4672 | + | such disobedience to process or refusal to answer, and said court or such 3735 |
---|
| 4673 | + | judge shall cite such person to appear before said court or such judge to 3736 |
---|
| 4674 | + | answer such question or to produce such records and papers. 3737 |
---|
| 4675 | + | Sec. 109. Subsections (a) and (b) of section 19a-634 of the general 3738 |
---|
| 4676 | + | statutes are repealed and the following is substituted in lieu thereof 3739 |
---|
| 4677 | + | (Effective from passage): 3740 |
---|
| 4678 | + | (a) The Health Systems Planning Unit shall conduct, on a biennial 3741 |
---|
| 4679 | + | Governor's Bill No. 6660 |
---|
| 4680 | + | |
---|
| 4681 | + | |
---|
| 4682 | + | |
---|
| 4683 | + | LCO No. 4030 125 of 165 |
---|
| 4684 | + | |
---|
| 4685 | + | basis, a state-wide health care facility utilization study. Such study may 3742 |
---|
| 4686 | + | include an assessment of: (1) Current availability and utilization of acute 3743 |
---|
| 4687 | + | hospital care, hospital emergency care, specialty hospital care, 3744 |
---|
| 4688 | + | outpatient surgical care, primary care and clinic care; (2) geographic 3745 |
---|
| 4689 | + | areas and subpopulations that may be underserved or have reduced 3746 |
---|
| 4690 | + | access to specific types of health care services; and (3) other factors that 3747 |
---|
| 4691 | + | the unit deems pertinent to health care facility utilization. Not later than 3748 |
---|
| 4692 | + | June thirtieth of the year in which the biennial study is conducted, the 3749 |
---|
| 4693 | + | [executive director of the Office] Commissioner of Health Strategy shall 3750 |
---|
| 4694 | + | report, in accordance with section 11-4a, to the Governor and the joint 3751 |
---|
| 4695 | + | standing committees of the General Assembly having cognizance of 3752 |
---|
| 4696 | + | matters relating to public health and human services on the findings of 3753 |
---|
| 4697 | + | the study. Such report may also include the unit's recommendations for 3754 |
---|
| 4698 | + | addressing identified gaps in the provision of health care services and 3755 |
---|
| 4699 | + | recommendations concerning a lack of access to health care services. 3756 |
---|
| 4700 | + | (b) The unit, in consultation with such other state agencies as the 3757 |
---|
| 4701 | + | [executive director] commissioner deems appropriate, shall establish 3758 |
---|
| 4702 | + | and maintain a state-wide health care facilities and services plan. Such 3759 |
---|
| 4703 | + | plan may include, but not be limited to: (1) An assessment of the 3760 |
---|
| 4704 | + | availability of acute hospital care, hospital emergency care, specialty 3761 |
---|
| 4705 | + | hospital care, outpatient surgical care, primary care and clinic care; (2) 3762 |
---|
| 4706 | + | an evaluation of the unmet needs of persons at risk and vulnerable 3763 |
---|
| 4707 | + | populations as determined by the [executive director] commissioner; (3) 3764 |
---|
| 4708 | + | a projection of future demand for health care services and the impact 3765 |
---|
| 4709 | + | that technology may have on the demand, capacity or need for such 3766 |
---|
| 4710 | + | services; and (4) recommendations for the expansion, reduction or 3767 |
---|
| 4711 | + | modification of health care facilities or services. In the development of 3768 |
---|
| 4712 | + | the plan, the unit shall consider the recommendations of any advisory 3769 |
---|
| 4713 | + | bodies which may be established by the [executive director] 3770 |
---|
| 4714 | + | commissioner. The [executive director] commissioner may also 3771 |
---|
| 4715 | + | incorporate the recommendations of authoritative organizations whose 3772 |
---|
| 4716 | + | mission is to promote policies based on best practices or evidence-based 3773 |
---|
| 4717 | + | research. The [executive director] commissioner, in consultation with 3774 |
---|
| 4718 | + | Governor's Bill No. 6660 |
---|
| 4719 | + | |
---|
| 4720 | + | |
---|
| 4721 | + | |
---|
| 4722 | + | LCO No. 4030 126 of 165 |
---|
| 4723 | + | |
---|
| 4724 | + | hospital representatives, shall develop a process that encourages 3775 |
---|
| 4725 | + | hospitals to incorporate the state-wide health care facilities and services 3776 |
---|
| 4726 | + | plan into hospital long-range planning and shall facilitate 3777 |
---|
| 4727 | + | communication between appropriate state agencies concerning 3778 |
---|
| 4728 | + | innovations or changes that may affect future health planning. The unit 3779 |
---|
| 4729 | + | shall update the state-wide health care facilities and services plan not 3780 |
---|
| 4730 | + | less than once every two years. 3781 |
---|
| 4731 | + | Sec. 110. Subsections (d) to (f), inclusive, of section 19a-638 of the 3782 |
---|
| 4732 | + | general statutes are repealed and the following is substituted in lieu 3783 |
---|
| 4733 | + | thereof (Effective from passage): 3784 |
---|
| 4734 | + | (d) The [executive director of the Office] Commissioner of Health 3785 |
---|
| 4735 | + | Strategy may implement policies and procedures necessary to 3786 |
---|
| 4736 | + | administer the provisions of this section while in the process of adopting 3787 |
---|
| 4737 | + | such policies and procedures as regulation, provided the [executive 3788 |
---|
| 4738 | + | director] commissioner holds a public hearing prior to implementing 3789 |
---|
| 4739 | + | the policies and procedures and posts notice of intent to adopt 3790 |
---|
| 4740 | + | regulations on the office's Internet web site and the eRegulations System 3791 |
---|
| 4741 | + | not later than twenty days after the date of implementation. Policies and 3792 |
---|
| 4742 | + | procedures implemented pursuant to this section shall be valid until the 3793 |
---|
| 4743 | + | time final regulations are adopted. 3794 |
---|
| 4744 | + | (e) On or before June 30, 2026, a mental health facility seeking to 3795 |
---|
| 4745 | + | increase licensed bed capacity without applying for a certificate of need, 3796 |
---|
| 4746 | + | as permitted pursuant to subdivision (23) of subsection (b) of this 3797 |
---|
| 4747 | + | section, shall notify the Office of Health Strategy, in a form and manner 3798 |
---|
| 4748 | + | prescribed by the [executive director of said office] commissioner, 3799 |
---|
| 4749 | + | regarding (1) such facility's intent to increase licensed bed capacity, (2) 3800 |
---|
| 4750 | + | the address of such facility, and (3) a description of all services that are 3801 |
---|
| 4751 | + | being or will be provided at such facility. 3802 |
---|
| 4752 | + | (f) Not later than January 1, 2025, the [executive director of the Office] 3803 |
---|
| 4753 | + | Commissioner of Health Strategy shall report to the Governor and, in 3804 |
---|
| 4754 | + | accordance with the provisions of section 11-4a, to the joint standing 3805 |
---|
| 4755 | + | Governor's Bill No. 6660 |
---|
| 4756 | + | |
---|
| 4757 | + | |
---|
| 4758 | + | |
---|
| 4759 | + | LCO No. 4030 127 of 165 |
---|
| 4760 | + | |
---|
| 4761 | + | committee of the General Assembly having cognizance of matters 3806 |
---|
| 4762 | + | relating to public health concerning the [executive director's] 3807 |
---|
| 4763 | + | commissioner's recommendations, if any, regarding the establishment 3808 |
---|
| 4764 | + | of an expedited certificate of need process for mental health facilities. 3809 |
---|
| 4765 | + | Sec. 111. Subdivisions (3) and (4) of subsection (d) of section 19a-639 3810 |
---|
| 4766 | + | of the general statutes are repealed and the following is substituted in 3811 |
---|
| 4767 | + | lieu thereof (Effective from passage): 3812 |
---|
| 4768 | + | (3) The unit shall deny any certificate of need application involving a 3813 |
---|
| 4769 | + | transfer of ownership of a hospital unless the [executive director] 3814 |
---|
| 4770 | + | commissioner finds that the affected community will be assured of 3815 |
---|
| 4771 | + | continued access to high quality and affordable health care after 3816 |
---|
| 4772 | + | accounting for any proposed change impacting hospital staffing. 3817 |
---|
| 4773 | + | (4) The unit may deny any certificate of need application involving a 3818 |
---|
| 4774 | + | transfer of ownership of a hospital subject to a cost and market impact 3819 |
---|
| 4775 | + | review pursuant to section 19a-639f, as amended by this act, if the 3820 |
---|
| 4776 | + | [executive director] commissioner finds that (A) the affected community 3821 |
---|
| 4777 | + | will not be assured of continued access to high quality and affordable 3822 |
---|
| 4778 | + | health care after accounting for any consolidation in the hospital and 3823 |
---|
| 4779 | + | health care market that may lessen health care provider diversity, 3824 |
---|
| 4780 | + | consumer choice and access to care, and (B) any likely increases in the 3825 |
---|
| 4781 | + | prices for health care services or total health care spending in the state 3826 |
---|
| 4782 | + | may negatively impact the affordability of care. 3827 |
---|
| 4783 | + | Sec. 112. Subsection (g) of section 19a-639a of the general statutes is 3828 |
---|
| 4784 | + | repealed and the following is substituted in lieu thereof (Effective from 3829 |
---|
| 4785 | + | passage): 3830 |
---|
| 4786 | + | (g) The [executive director of the Office] Commissioner of Health 3831 |
---|
| 4787 | + | Strategy may implement policies and procedures necessary to 3832 |
---|
| 4788 | + | administer the provisions of this section while in the process of adopting 3833 |
---|
| 4789 | + | such policies and procedures as regulation, provided the [executive 3834 |
---|
| 4790 | + | director] commissioner holds a public hearing prior to implementing 3835 |
---|
| 4791 | + | the policies and procedures and posts notice of intent to adopt 3836 |
---|
| 4792 | + | Governor's Bill No. 6660 |
---|
| 4793 | + | |
---|
| 4794 | + | |
---|
| 4795 | + | |
---|
| 4796 | + | LCO No. 4030 128 of 165 |
---|
| 4797 | + | |
---|
| 4798 | + | regulations on the office's Internet web site and the eRegulations System 3837 |
---|
| 4799 | + | not later than twenty days after the date of implementation. Policies and 3838 |
---|
| 4800 | + | procedures implemented pursuant to this section shall be valid until the 3839 |
---|
| 4801 | + | time final regulations are adopted. 3840 |
---|
| 4802 | + | Sec. 113. Subsection (e) of section 19a-639b of the general statutes is 3841 |
---|
| 4803 | + | repealed and the following is substituted in lieu thereof (Effective from 3842 |
---|
| 4804 | + | passage): 3843 |
---|
| 4805 | + | (e) The [executive director of the Office] Commissioner of Health 3844 |
---|
| 4806 | + | Strategy may implement policies and procedures necessary to 3845 |
---|
| 4807 | + | administer the provisions of this section while in the process of adopting 3846 |
---|
| 4808 | + | such policies and procedures as regulation, provided the [executive 3847 |
---|
| 4809 | + | director] commissioner holds a public hearing prior to implementing 3848 |
---|
| 4810 | + | the policies and procedures and posts notice of intent to adopt 3849 |
---|
| 4811 | + | regulations on the office's Internet web site and the eRegulations System 3850 |
---|
| 4812 | + | not later than twenty days after the date of implementation. Policies and 3851 |
---|
| 4813 | + | procedures implemented pursuant to this section shall be valid until the 3852 |
---|
| 4814 | + | time final regulations are adopted. 3853 |
---|
| 4815 | + | Sec. 114. Subsection (b) of section 19a-639c of the general statutes is 3854 |
---|
| 4816 | + | repealed and the following is substituted in lieu thereof (Effective from 3855 |
---|
| 4817 | + | passage): 3856 |
---|
| 4818 | + | (b) The [executive director of the Office] Commissioner of Health 3857 |
---|
| 4819 | + | Strategy may implement policies and procedures necessary to 3858 |
---|
| 4820 | + | administer the provisions of this section while in the process of adopting 3859 |
---|
| 4821 | + | such policies and procedures as regulation, provided the [executive 3860 |
---|
| 4822 | + | director] commissioner holds a public hearing prior to implementing 3861 |
---|
| 4823 | + | the policies and procedures and posts notice of intent to adopt 3862 |
---|
| 4824 | + | regulations on the office's Internet web site and the eRegulations System 3863 |
---|
| 4825 | + | not later than twenty days after the date of implementation. Policies and 3864 |
---|
| 4826 | + | procedures implemented pursuant to this section shall be valid until the 3865 |
---|
| 4827 | + | time final regulations are adopted. 3866 |
---|
| 4828 | + | Sec. 115. Subsection (d) of section 19a-639e of the general statutes is 3867 |
---|
| 4829 | + | Governor's Bill No. 6660 |
---|
| 4830 | + | |
---|
| 4831 | + | |
---|
| 4832 | + | |
---|
| 4833 | + | LCO No. 4030 129 of 165 |
---|
| 4834 | + | |
---|
| 4835 | + | repealed and the following is substituted in lieu thereof (Effective from 3868 |
---|
| 4836 | + | passage): 3869 |
---|
| 4837 | + | (d) The [executive director of the Office] Commissioner of Health 3870 |
---|
| 4838 | + | Strategy may implement policies and procedures necessary to 3871 |
---|
| 4839 | + | administer the provisions of this section while in the process of adopting 3872 |
---|
| 4840 | + | such policies and procedures as regulation, provided the [executive 3873 |
---|
| 4841 | + | director] commissioner holds a public hearing prior to implementing 3874 |
---|
| 4842 | + | the policies and procedures and posts notice of intent to adopt 3875 |
---|
| 4843 | + | regulations on the office's Internet web site and the eRegulations System 3876 |
---|
| 4844 | + | not later than twenty days after the date of implementation. Policies and 3877 |
---|
| 4845 | + | procedures implemented pursuant to this section shall be valid until the 3878 |
---|
| 4846 | + | time final regulations are adopted. 3879 |
---|
| 4847 | + | Sec. 116. Subsection (l) of section 19a-639f of the general statutes is 3880 |
---|
| 4848 | + | repealed and the following is substituted in lieu thereof (Effective from 3881 |
---|
| 4849 | + | passage): 3882 |
---|
| 4850 | + | (l) The [executive director of the Office] Commissioner of Health 3883 |
---|
| 4851 | + | Strategy shall adopt regulations, in accordance with the provisions of 3884 |
---|
| 4852 | + | chapter 54, concerning cost and market impact reviews and to 3885 |
---|
| 4853 | + | administer the provisions of this section. Such regulations shall include 3886 |
---|
| 4854 | + | definitions of the following terms: "Dispersed service area", "health 3887 |
---|
| 4855 | + | status adjusted total medical expense", "major service category", 3888 |
---|
| 4856 | + | "relative prices", "total health care spending" and "health care services". 3889 |
---|
| 4857 | + | The [executive director] commissioner may implement policies and 3890 |
---|
| 4858 | + | procedures necessary to administer the provisions of this section while 3891 |
---|
| 4859 | + | in the process of adopting such policies and procedures in regulation 3892 |
---|
| 4860 | + | form, provided the [executive director] commissioner publishes notice 3893 |
---|
| 4861 | + | of intention to adopt the regulations on the office's Internet web site and 3894 |
---|
| 4862 | + | the eRegulations System not later than twenty days after implementing 3895 |
---|
| 4863 | + | such policies and procedures. Policies and procedures implemented 3896 |
---|
| 4864 | + | pursuant to this subsection shall be valid until the time such regulations 3897 |
---|
| 4865 | + | are effective. 3898 |
---|
| 4866 | + | Governor's Bill No. 6660 |
---|
| 4867 | + | |
---|
| 4868 | + | |
---|
| 4869 | + | |
---|
| 4870 | + | LCO No. 4030 130 of 165 |
---|
| 4871 | + | |
---|
| 4872 | + | Sec. 117. Subsections (c) to (f), inclusive, of section 19a-654 of the 3899 |
---|
| 4873 | + | general statutes are repealed and the following is substituted in lieu 3900 |
---|
| 4874 | + | thereof (Effective from passage): 3901 |
---|
| 4875 | + | (c) An outpatient surgical facility, as defined in section 19a-493b, a 3902 |
---|
| 4876 | + | short-term acute care general or children's hospital, or a facility that 3903 |
---|
| 4877 | + | provides outpatient surgical services as part of the outpatient surgery 3904 |
---|
| 4878 | + | department of a short-term acute care hospital shall submit to the unit 3905 |
---|
| 4879 | + | the data identified in subsection (c) of section 19a-634. The unit shall 3906 |
---|
| 4880 | + | convene a working group consisting of representatives of outpatient 3907 |
---|
| 4881 | + | surgical facilities, hospitals and other individuals necessary to develop 3908 |
---|
| 4882 | + | recommendations that address current obstacles to, and proposed 3909 |
---|
| 4883 | + | requirements for, patient-identifiable data reporting in the outpatient 3910 |
---|
| 4884 | + | setting. On or before February 1, 2012, the working group shall report, 3911 |
---|
| 4885 | + | in accordance with the provisions of section 11-4a, on its findings and 3912 |
---|
| 4886 | + | recommendations to the joint standing committees of the General 3913 |
---|
| 4887 | + | Assembly having cognizance of matters relating to public health and 3914 |
---|
| 4888 | + | insurance and real estate. Additional reporting of outpatient data as the 3915 |
---|
| 4889 | + | unit deems necessary shall begin not later than July 1, 2015. On or before 3916 |
---|
| 4890 | + | July 1, 2018, and annually thereafter, the Connecticut Association of 3917 |
---|
| 4891 | + | Ambulatory Surgery Centers shall provide a progress report to the 3918 |
---|
| 4892 | + | Office of Health Strategy, until such time as all ambulatory surgery 3919 |
---|
| 4893 | + | centers are in full compliance with the implementation of systems that 3920 |
---|
| 4894 | + | allow for the reporting of outpatient data as required by the [executive 3921 |
---|
| 4895 | + | director] commissioner. Until such additional reporting requirements 3922 |
---|
| 4896 | + | take effect on July 1, 2015, the department may work with the 3923 |
---|
| 4897 | + | Connecticut Association of Ambulatory Surgery Centers and the 3924 |
---|
| 4898 | + | Connecticut Hospital Association on specific data reporting initiatives 3925 |
---|
| 4899 | + | provided that no penalties shall be assessed under this chapter or any 3926 |
---|
| 4900 | + | other provision of law with respect to the failure to submit such data. 3927 |
---|
| 4901 | + | (d) Except as provided in this subsection, patient-identifiable data 3928 |
---|
| 4902 | + | received by the unit shall be kept confidential and shall not be 3929 |
---|
| 4903 | + | considered public records or files subject to disclosure under the 3930 |
---|
| 4904 | + | Freedom of Information Act, as defined in section 1-200. The unit may 3931 |
---|
| 4905 | + | Governor's Bill No. 6660 |
---|
| 4906 | + | |
---|
| 4907 | + | |
---|
| 4908 | + | |
---|
| 4909 | + | LCO No. 4030 131 of 165 |
---|
| 4910 | + | |
---|
| 4911 | + | release de-identified patient data or aggregate patient data to the public 3932 |
---|
| 4912 | + | in a manner consistent with the provisions of 45 CFR 164.514. Any de-3933 |
---|
| 4913 | + | identified patient data released by the unit shall exclude provider, 3934 |
---|
| 4914 | + | physician and payer organization names or codes and shall be kept 3935 |
---|
| 4915 | + | confidential by the recipient. The unit may release patient-identifiable 3936 |
---|
| 4916 | + | data (1) for medical and scientific research as provided for in section 3937 |
---|
| 4917 | + | 19a-25-3 of the regulations of Connecticut state agencies, and (2) to (A) 3938 |
---|
| 4918 | + | a state agency for the purpose of improving health care service delivery, 3939 |
---|
| 4919 | + | (B) a federal agency or the office of the Attorney General for the purpose 3940 |
---|
| 4920 | + | of investigating hospital mergers and acquisitions, (C) another state's 3941 |
---|
| 4921 | + | health data collection agency with which the unit has entered into a 3942 |
---|
| 4922 | + | reciprocal data-sharing agreement for the purpose of certificate of need 3943 |
---|
| 4923 | + | review or evaluation of health care services, upon receipt of a request 3944 |
---|
| 4924 | + | from such agency, provided, prior to the release of such patient-3945 |
---|
| 4925 | + | identifiable data, such agency enters into a written agreement with the 3946 |
---|
| 4926 | + | unit pursuant to which such agency agrees to protect the confidentiality 3947 |
---|
| 4927 | + | of such patient-identifiable data and not to use such patient-identifiable 3948 |
---|
| 4928 | + | data as a basis for any decision concerning a patient, or (D) a consultant 3949 |
---|
| 4929 | + | or independent professional contracted by the Office of Health Strategy 3950 |
---|
| 4930 | + | pursuant to section 19a-614, as amended by this act, to carry out the 3951 |
---|
| 4931 | + | functions of the unit, including collecting, managing or organizing such 3952 |
---|
| 4932 | + | patient-identifiable data. No individual or entity receiving patient-3953 |
---|
| 4933 | + | identifiable data may release such data in any manner that may result 3954 |
---|
| 4934 | + | in an individual patient, physician, provider or payer being identified. 3955 |
---|
| 4935 | + | The unit shall impose a reasonable, cost-based fee for any patient data 3956 |
---|
| 4936 | + | provided to a nongovernmental entity. 3957 |
---|
| 4937 | + | (e) Not later than October 1, 2018, the Health Systems Planning Unit 3958 |
---|
| 4938 | + | shall enter into a memorandum of understanding with the Comptroller 3959 |
---|
| 4939 | + | that shall permit the Comptroller to access the data set forth in 3960 |
---|
| 4940 | + | subsections (b) and (c) of this section, provided the Comptroller agrees, 3961 |
---|
| 4941 | + | in writing, to keep individual patient and provider data identified by 3962 |
---|
| 4942 | + | proper name or personal identification code and submitted pursuant to 3963 |
---|
| 4943 | + | this section confidential. 3964 |
---|
| 4944 | + | Governor's Bill No. 6660 |
---|
| 4945 | + | |
---|
| 4946 | + | |
---|
| 4947 | + | |
---|
| 4948 | + | LCO No. 4030 132 of 165 |
---|
| 4949 | + | |
---|
| 4950 | + | (f) The [executive director of the Office] Commissioner of Health 3965 |
---|
| 4951 | + | Strategy shall adopt regulations, in accordance with the provisions of 3966 |
---|
| 4952 | + | chapter 54, to carry out the provisions of this section. 3967 |
---|
| 4953 | + | Sec. 118. Section 19a-673a of the general statutes is repealed and the 3968 |
---|
| 4954 | + | following is substituted in lieu thereof (Effective from passage): 3969 |
---|
| 4955 | + | The [executive director of the Office] Commissioner of Health 3970 |
---|
| 4956 | + | Strategy shall adopt regulations, in accordance with chapter 54, to 3971 |
---|
| 4957 | + | establish uniform debt collection standards for hospitals. 3972 |
---|
| 4958 | + | Sec. 119. Section 19a-676 of the general statutes is repealed and the 3973 |
---|
| 4959 | + | following is substituted in lieu thereof (Effective from passage): 3974 |
---|
| 4960 | + | On or before March thirty-first of each year, for the preceding fiscal 3975 |
---|
| 4961 | + | year, each hospital shall submit to the unit, in the form and manner 3976 |
---|
| 4962 | + | prescribed by the unit, the data specified in regulations adopted by the 3977 |
---|
| 4963 | + | [executive director] commissioner in accordance with chapter 54, the 3978 |
---|
| 4964 | + | hospital's verification of net revenue required under section 19a-649 and 3979 |
---|
| 4965 | + | any other data required by the unit, including hospital budget system 3980 |
---|
| 4966 | + | data for the hospital's twelve months' actual filing requirements. 3981 |
---|
| 4967 | + | Sec. 120. Subdivisions (1) to (4), inclusive, of subsection (b) of section 3982 |
---|
| 4968 | + | 19a-725 of the general statutes are repealed and the following is 3983 |
---|
| 4969 | + | substituted in lieu thereof (Effective from passage): 3984 |
---|
| 4970 | + | (b) (1) The Health Care Cabinet shall consist of the following 3985 |
---|
| 4971 | + | members who shall be appointed on or before August 1, 2011: (A) Five 3986 |
---|
| 4972 | + | appointed by the Governor, two of whom may represent the health care 3987 |
---|
| 4973 | + | industry and shall serve for terms of four years, one of whom shall 3988 |
---|
| 4974 | + | represent community health centers and shall serve for a term of three 3989 |
---|
| 4975 | + | years, one of whom shall represent insurance producers and shall serve 3990 |
---|
| 4976 | + | for a term of three years and one of whom shall be an at-large 3991 |
---|
| 4977 | + | appointment and shall serve for a term of three years; (B) one appointed 3992 |
---|
| 4978 | + | by the president pro tempore of the Senate, who shall be an oral health 3993 |
---|
| 4979 | + | specialist engaged in active practice and shall serve for a term of four 3994 |
---|
| 4980 | + | Governor's Bill No. 6660 |
---|
| 4981 | + | |
---|
| 4982 | + | |
---|
| 4983 | + | |
---|
| 4984 | + | LCO No. 4030 133 of 165 |
---|
| 4985 | + | |
---|
| 4986 | + | years; (C) one appointed by the majority leader of the Senate, who shall 3995 |
---|
| 4987 | + | represent labor and shall serve for a term of three years; (D) one 3996 |
---|
| 4988 | + | appointed by the minority leader of the Senate, who shall be an 3997 |
---|
| 4989 | + | advanced practice registered nurse engaged in active practice and shall 3998 |
---|
| 4990 | + | serve for a term of two years; (E) one appointed by the speaker of the 3999 |
---|
| 4991 | + | House of Representatives, who shall be a consumer advocate and shall 4000 |
---|
| 4992 | + | serve for a term of four years; (F) one appointed by the majority leader 4001 |
---|
| 4993 | + | of the House of Representatives, who shall be a primary care physician 4002 |
---|
| 4994 | + | engaged in active practice and shall serve for a term of four years; (G) 4003 |
---|
| 4995 | + | one appointed by the minority leader of the House of Representatives, 4004 |
---|
| 4996 | + | who shall represent the health information technology industry and 4005 |
---|
| 4997 | + | shall serve for a term of three years; (H) five appointed jointly by the 4006 |
---|
| 4998 | + | chairpersons of the SustiNet Health Partnership board of directors, one 4007 |
---|
| 4999 | + | of whom shall represent faith communities, one of whom shall represent 4008 |
---|
| 5000 | + | small businesses, one of whom shall represent the home health care 4009 |
---|
| 5001 | + | industry, one of whom shall represent hospitals, and one of whom shall 4010 |
---|
| 5002 | + | be an at-large appointment, all of whom shall serve for terms of five 4011 |
---|
| 5003 | + | years; (I) the [executive director of the Office] Commissioner of Health 4012 |
---|
| 5004 | + | Strategy, or the [executive director's] commissioner's designee; (J) the 4013 |
---|
| 5005 | + | Secretary of the Office of Policy and Management, or the secretary's 4014 |
---|
| 5006 | + | designee; the Comptroller, or the Comptroller's designee; the chief 4015 |
---|
| 5007 | + | executive officer of the Connecticut Health Insurance Exchange, or said 4016 |
---|
| 5008 | + | officer's designee; the Commissioners of Social Services and Public 4017 |
---|
| 5009 | + | Health, or their designees; and the Healthcare Advocate, or the 4018 |
---|
| 5010 | + | Healthcare Advocate's designee, all of whom shall serve as ex-officio 4019 |
---|
| 5011 | + | voting members; and (K) the Commissioners of Children and Families, 4020 |
---|
| 5012 | + | Developmental Services and Mental Health and Addiction Services, and 4021 |
---|
| 5013 | + | the Insurance Commissioner, or their designees, and the nonprofit 4022 |
---|
| 5014 | + | liaison to the Governor, or the nonprofit liaison's designee, all of whom 4023 |
---|
| 5015 | + | shall serve as ex-officio nonvoting members. 4024 |
---|
| 5016 | + | (2) Following the expiration of initial cabinet member terms, 4025 |
---|
| 5017 | + | subsequent cabinet terms shall be for four years, commencing on 4026 |
---|
| 5018 | + | August first of the year of the appointment. If an appointing authority 4027 |
---|
| 5019 | + | Governor's Bill No. 6660 |
---|
| 5020 | + | |
---|
| 5021 | + | |
---|
| 5022 | + | |
---|
| 5023 | + | LCO No. 4030 134 of 165 |
---|
| 5024 | + | |
---|
| 5025 | + | fails to make an initial appointment to the cabinet or an appointment to 4028 |
---|
| 5026 | + | fill a cabinet vacancy within ninety days of the date of such vacancy, the 4029 |
---|
| 5027 | + | appointed cabinet members shall, by majority vote, make such 4030 |
---|
| 5028 | + | appointment to the cabinet. 4031 |
---|
| 5029 | + | (3) Upon the expiration of the initial terms of the five cabinet 4032 |
---|
| 5030 | + | members appointed by SustiNet Health Partnership board of directors, 4033 |
---|
| 5031 | + | five successor cabinet members shall be appointed as follows: (A) One 4034 |
---|
| 5032 | + | appointed by the Governor; (B) one appointed by the president pro 4035 |
---|
| 5033 | + | tempore of the Senate; (C) one appointed by the speaker of the House of 4036 |
---|
| 5034 | + | Representatives; and (D) two appointed by majority vote of the 4037 |
---|
| 5035 | + | appointed board members. Successor board members appointed 4038 |
---|
| 5036 | + | pursuant to this subdivision shall be at-large appointments. 4039 |
---|
| 5037 | + | (4) The [executive director of the Office] Commissioner of Health 4040 |
---|
| 5038 | + | Strategy, or the [executive director's] commissioner's designee, shall 4041 |
---|
| 5039 | + | serve as the chairperson of the Health Care Cabinet. 4042 |
---|
| 5040 | + | Sec. 121. Subsection (a) of section 19a-754a of the general statutes is 4043 |
---|
| 5041 | + | repealed and the following is substituted in lieu thereof (Effective from 4044 |
---|
| 5042 | + | passage): 4045 |
---|
| 5043 | + | (a) There is established an Office of Health Strategy, which shall be 4046 |
---|
| 5044 | + | within the Department of Public Health for administrative purposes 4047 |
---|
| 5045 | + | only. The department head of said office shall be the [executive director 4048 |
---|
| 5046 | + | of the Office] Commissioner of Health Strategy, who shall be appointed 4049 |
---|
| 5047 | + | by the Governor in accordance with the provisions of sections 4-5 to 4-4050 |
---|
| 5048 | + | 8, inclusive, as amended by this act, with the powers and duties therein 4051 |
---|
| 5049 | + | prescribed. 4052 |
---|
| 5050 | + | Sec. 122. Subsections (c) and (d) of section 19a-754b of the general 4053 |
---|
| 5051 | + | statutes are repealed and the following is substituted in lieu thereof 4054 |
---|
| 5052 | + | (Effective from passage): 4055 |
---|
| 5053 | + | (c) (1) Beginning on January 1, 2020, the [executive director of the 4056 |
---|
| 5054 | + | Office] Commissioner of Health Strategy may conduct a study, with the 4057 |
---|
| 5055 | + | Governor's Bill No. 6660 |
---|
| 5056 | + | |
---|
| 5057 | + | |
---|
| 5058 | + | |
---|
| 5059 | + | LCO No. 4030 135 of 165 |
---|
| 5060 | + | |
---|
| 5061 | + | assistance of the Comptroller and not more frequently than once 4058 |
---|
| 5062 | + | annually, of each pharmaceutical manufacturer of a pipeline drug that, 4059 |
---|
| 5063 | + | in the opinion of the [executive director] commissioner in consultation 4060 |
---|
| 5064 | + | with the Comptroller and the Commissioner of Social Services, may 4061 |
---|
| 5065 | + | have a significant impact on state expenditures for outpatient 4062 |
---|
| 5066 | + | prescription drugs. The office may work with the Comptroller to utilize 4063 |
---|
| 5067 | + | existing state resources and contracts, or contract with a third party, 4064 |
---|
| 5068 | + | including, but not limited to, an accounting firm, to conduct such study. 4065 |
---|
| 5069 | + | (2) Each pharmaceutical manufacturer that is the subject of a study 4066 |
---|
| 5070 | + | conducted pursuant to subdivision (1) of this subsection shall submit to 4067 |
---|
| 5071 | + | the office, or any contractor engaged by the office or the Comptroller to 4068 |
---|
| 5072 | + | perform such study, the following information for the pipeline drug that 4069 |
---|
| 5073 | + | is the subject of such study: 4070 |
---|
| 5074 | + | (A) The primary disease, condition or therapeutic area studied in 4071 |
---|
| 5075 | + | connection with such drug, and whether such drug is therapeutically 4072 |
---|
| 5076 | + | indicated for such disease, condition or therapeutic area; 4073 |
---|
| 5077 | + | (B) Each route of administration studied for such drug; 4074 |
---|
| 5078 | + | (C) Clinical trial comparators, if applicable, for such drug; 4075 |
---|
| 5079 | + | (D) The estimated year of market entry for such drug; 4076 |
---|
| 5080 | + | (E) Whether the federal Food and Drug Administration has 4077 |
---|
| 5081 | + | designated such drug as an orphan drug, a fast track product or a 4078 |
---|
| 5082 | + | breakthrough therapy; and 4079 |
---|
| 5083 | + | (F) Whether the federal Food and Drug Administration has 4080 |
---|
| 5084 | + | designated such drug for accelerated approval and, if such drug 4081 |
---|
| 5085 | + | contains a new molecular entity, for priority review. 4082 |
---|
| 5086 | + | (d) (1) On or before March 1, 2020, and annually thereafter, the 4083 |
---|
| 5087 | + | [executive director of the Office] Commissioner of Health Strategy, in 4084 |
---|
| 5088 | + | consultation with the Comptroller, Commissioner of Social Services and 4085 |
---|
| 5089 | + | Commissioner of Public Health, shall prepare a list of not more than ten 4086 |
---|
| 5090 | + | Governor's Bill No. 6660 |
---|
| 5091 | + | |
---|
| 5092 | + | |
---|
| 5093 | + | |
---|
| 5094 | + | LCO No. 4030 136 of 165 |
---|
| 5095 | + | |
---|
| 5096 | + | outpatient prescription drugs that the [executive director] 4087 |
---|
| 5097 | + | commissioner, in the [executive director's] commissioner's discretion, 4088 |
---|
| 5098 | + | determines are (A) provided at substantial cost to the state, considering 4089 |
---|
| 5099 | + | the net cost of such drugs, or (B) critical to public health. The list shall 4090 |
---|
| 5100 | + | include outpatient prescription drugs from different therapeutic classes 4091 |
---|
| 5101 | + | of outpatient prescription drugs and at least one generic outpatient 4092 |
---|
| 5102 | + | prescription drug. 4093 |
---|
| 5103 | + | (2) The [executive director] commissioner shall not list any outpatient 4094 |
---|
| 5104 | + | prescription drug under subdivision (1) of this subsection unless the 4095 |
---|
| 5105 | + | wholesale acquisition cost of the drug, less all rebates paid to the state 4096 |
---|
| 5106 | + | for such drug during the immediately preceding calendar year, (A) 4097 |
---|
| 5107 | + | increased by at least (i) twenty per cent during the immediately 4098 |
---|
| 5108 | + | preceding calendar year, or (ii) fifty per cent during the immediately 4099 |
---|
| 5109 | + | preceding three calendar years, and (B) was not less than sixty dollars 4100 |
---|
| 5110 | + | for (i) a thirty-day supply of such drug, or (ii) a course of treatment of 4101 |
---|
| 5111 | + | such drug lasting less than thirty days. 4102 |
---|
| 5112 | + | (3) (A) The pharmaceutical manufacturer of an outpatient 4103 |
---|
| 5113 | + | prescription drug included on a list prepared by the [executive director] 4104 |
---|
| 5114 | + | commissioner pursuant to subdivision (1) of this subsection shall 4105 |
---|
| 5115 | + | provide to the office, in a form and manner specified by the [executive 4106 |
---|
| 5116 | + | director] commissioner, (i) a written, narrative description, suitable for 4107 |
---|
| 5117 | + | public release, of all factors that caused the increase in the wholesale 4108 |
---|
| 5118 | + | acquisition cost of the listed outpatient prescription drug, and (ii) 4109 |
---|
| 5119 | + | aggregate, company-level research and development costs and such 4110 |
---|
| 5120 | + | other capital expenditures that the [executive director] commissioner, in 4111 |
---|
| 5121 | + | the [executive director's] commissioner's discretion, deems relevant for 4112 |
---|
| 5122 | + | the most recent year for which final audited data are available. 4113 |
---|
| 5123 | + | (B) The quality and types of information and data that a 4114 |
---|
| 5124 | + | pharmaceutical manufacturer submits to the office under this 4115 |
---|
| 5125 | + | subdivision shall be consistent with the quality and types of information 4116 |
---|
| 5126 | + | and data that the pharmaceutical manufacturer includes in (i) such 4117 |
---|
| 5127 | + | pharmaceutical manufacturer's annual consolidated report on Securities 4118 |
---|
| 5128 | + | Governor's Bill No. 6660 |
---|
| 5129 | + | |
---|
| 5130 | + | |
---|
| 5131 | + | |
---|
| 5132 | + | LCO No. 4030 137 of 165 |
---|
| 5133 | + | |
---|
| 5134 | + | and Exchange Commission Form 10 -K, or (ii) any other public 4119 |
---|
| 5135 | + | disclosure. 4120 |
---|
| 5136 | + | (4) The office shall establish a standardized form for reporting 4121 |
---|
| 5137 | + | information and data pursuant to this subsection after consulting with 4122 |
---|
| 5138 | + | pharmaceutical manufacturers. The form shall be designed to minimize 4123 |
---|
| 5139 | + | the administrative burden and cost of reporting on the office and 4124 |
---|
| 5140 | + | pharmaceutical manufacturers. 4125 |
---|
| 5141 | + | Sec. 123. Section 19a-754e of the general statutes is repealed and the 4126 |
---|
| 5142 | + | following is substituted in lieu thereof (Effective from passage): 4127 |
---|
| 5143 | + | (a) The [Executive Director of the Office] Commissioner of Health 4128 |
---|
| 5144 | + | Strategy, in consultation with the Office of Policy and Management, the 4129 |
---|
| 5145 | + | Department of Social Services, the Connecticut Insurance Department 4130 |
---|
| 5146 | + | and the Connecticut Health Insurance Exchange established pursuant to 4131 |
---|
| 5147 | + | section 38a-1081, shall study the feasibility of offering health care 4132 |
---|
| 5148 | + | coverage for (1) income-eligible children ages nine to eighteen, 4133 |
---|
| 5149 | + | inclusive, regardless of immigration status, who are not otherwise 4134 |
---|
| 5150 | + | eligible for Medicaid, the Children's Health Insurance Program, or an 4135 |
---|
| 5151 | + | offer of affordable employer sponsored insurance as defined in the 4136 |
---|
| 5152 | + | Affordable Care Act, as an employee or a dependent of an employee, 4137 |
---|
| 5153 | + | and (2) adults with household income not exceeding two hundred per 4138 |
---|
| 5154 | + | cent of the federal poverty level who do not otherwise qualify for 4139 |
---|
| 5155 | + | medical assistance, an offer of affordable, employer-sponsored 4140 |
---|
| 5156 | + | insurance as defined in the Affordable Care Act, as an employee or a 4141 |
---|
| 5157 | + | dependent of an employee, or health care coverage through the 4142 |
---|
| 5158 | + | Connecticut Health Insurance Exchange due to household income. 4143 |
---|
| 5159 | + | (b) The study on the feasibility of providing health care coverage to 4144 |
---|
| 5160 | + | income-eligible children ages nine to eighteen, inclusive, shall include, 4145 |
---|
| 5161 | + | but not be limited to: (1) The age groups that would be provided medical 4146 |
---|
| 5162 | + | assistance in each year, and appropriations necessary to provide such 4147 |
---|
| 5163 | + | assistance, (2) income eligibility criteria and health care coverage 4148 |
---|
| 5164 | + | consistent with the medical assistance programs established pursuant to 4149 |
---|
| 5165 | + | Governor's Bill No. 6660 |
---|
| 5166 | + | |
---|
| 5167 | + | |
---|
| 5168 | + | |
---|
| 5169 | + | LCO No. 4030 138 of 165 |
---|
| 5170 | + | |
---|
| 5171 | + | sections 17b-261 and 17b-292, and (3) recommendations for identifying 4150 |
---|
| 5172 | + | and enrolling such children in such coverage. 4151 |
---|
| 5173 | + | (c) The study on the feasibility of providing health care coverage for 4152 |
---|
| 5174 | + | adults with household income not exceeding two hundred per cent of 4153 |
---|
| 5175 | + | the federal poverty level shall include, but not be limited to: (1) 4154 |
---|
| 5176 | + | Household income caps for adults who would be provided health care 4155 |
---|
| 5177 | + | coverage in each year, and appropriations necessary to provide such 4156 |
---|
| 5178 | + | coverage, (2) health care coverage consistent with the medical assistance 4157 |
---|
| 5179 | + | programs established pursuant to section 17b-261 and the HUSKY D 4158 |
---|
| 5180 | + | program as defined in section 17b-290, and (3) recommendations for 4159 |
---|
| 5181 | + | identifying and enrolling such adults in such coverage. 4160 |
---|
| 5182 | + | (d) Not later than July 1, 2022, the [executive director] commissioner 4161 |
---|
| 5183 | + | shall report, in accordance with the provisions of section 11-4a, on 4162 |
---|
| 5184 | + | provisions of the feasibility study to the joint standing committees of the 4163 |
---|
| 5185 | + | General Assembly having cognizance of matters relating to 4164 |
---|
| 5186 | + | appropriations and the budgets of state agencies, human services and 4165 |
---|
| 5187 | + | insurance and real estate. 4166 |
---|
| 5188 | + | Sec. 124. Subdivisions (1) to (9), inclusive, of section 19a-754f of the 4167 |
---|
| 5189 | + | general statutes are repealed and the following is substituted in lieu 4168 |
---|
| 5190 | + | thereof (Effective from passage): 4169 |
---|
| 5191 | + | (1) "Drug manufacturer" means the manufacturer of a drug that is: 4170 |
---|
| 5192 | + | (A) Included in the information and data submitted by a health carrier 4171 |
---|
| 5193 | + | pursuant to section 38a-479qqq, (B) studied or listed pursuant to 4172 |
---|
| 5194 | + | subsection (c) or (d) of section 19a-754b, as amended by this act, or (C) 4173 |
---|
| 5195 | + | in a therapeutic class of drugs that the [executive director] commissioner 4174 |
---|
| 5196 | + | determines, through public or private reports, has had a substantial 4175 |
---|
| 5197 | + | impact on prescription drug expenditures, net of rebates, as a 4176 |
---|
| 5198 | + | percentage of total health care expenditures; 4177 |
---|
| 5199 | + | (2) ["Executive director"] "Commissioner" means the [executive 4178 |
---|
| 5200 | + | director of the Office] Commissioner of Health Strategy; 4179 |
---|
| 5201 | + | Governor's Bill No. 6660 |
---|
| 5202 | + | |
---|
| 5203 | + | |
---|
| 5204 | + | |
---|
| 5205 | + | LCO No. 4030 139 of 165 |
---|
| 5206 | + | |
---|
| 5207 | + | (3) "Health care cost growth benchmark" means the annual 4180 |
---|
| 5208 | + | benchmark established pursuant to section 19a-754g, as amended by 4181 |
---|
| 5209 | + | this act; 4182 |
---|
| 5210 | + | (4) "Health care quality benchmark" means an annual benchmark 4183 |
---|
| 5211 | + | established pursuant to section 19a-754g, as amended by this act; 4184 |
---|
| 5212 | + | (5) "Health care provider" has the same meaning as provided in 4185 |
---|
| 5213 | + | subdivision (1) of subsection (a) of section 19a-17b; 4186 |
---|
| 5214 | + | (6) "Net cost of private health insurance" means the difference 4187 |
---|
| 5215 | + | between premiums earned and benefits incurred, and includes insurers' 4188 |
---|
| 5216 | + | costs of paying bills, advertising, sales commissions, and other 4189 |
---|
| 5217 | + | administrative costs, net additions or subtractions from reserves, rate 4190 |
---|
| 5218 | + | credits and dividends, premium taxes and profits or losses; 4191 |
---|
| 5219 | + | (7) "Office" means the Office of Health Strategy established under 4192 |
---|
| 5220 | + | section 19a-754a, as amended by this act; 4193 |
---|
| 5221 | + | (8) "Other entity" means a drug manufacturer, pharmacy benefits 4194 |
---|
| 5222 | + | manager or other health care provider that is not considered a provider 4195 |
---|
| 5223 | + | entity; 4196 |
---|
| 5224 | + | (9) "Payer" means a payer, including Medicaid, Medicare and 4197 |
---|
| 5225 | + | governmental and nongovernment health plans, and includes any 4198 |
---|
| 5226 | + | organization acting as payer that is a subsidiary, affiliate or business 4199 |
---|
| 5227 | + | owned or controlled by a payer that, during a given calendar year, pays 4200 |
---|
| 5228 | + | health care providers for health care services or pharmacies or provider 4201 |
---|
| 5229 | + | entities for prescription drugs designated by the [executive director] 4202 |
---|
| 5230 | + | commissioner; 4203 |
---|
| 5231 | + | Sec. 125. Section 19a-754g of the general statutes is repealed and the 4204 |
---|
| 5232 | + | following is substituted in lieu thereof (Effective from passage): 4205 |
---|
| 5233 | + | (a) Not later than July 1, 2022, the [executive director] commissioner 4206 |
---|
| 5234 | + | shall publish (1) the health care cost growth benchmarks and annual 4207 |
---|
| 5235 | + | primary care spending targets as a percentage of total medical expenses 4208 |
---|
| 5236 | + | Governor's Bill No. 6660 |
---|
| 5237 | + | |
---|
| 5238 | + | |
---|
| 5239 | + | |
---|
| 5240 | + | LCO No. 4030 140 of 165 |
---|
| 5241 | + | |
---|
| 5242 | + | for the calendar years 2021 to 2025, inclusive, and (2) the annual health 4209 |
---|
| 5243 | + | care quality benchmarks for the calendar years 2022 to 2025, inclusive, 4210 |
---|
| 5244 | + | on the office's Internet web site. 4211 |
---|
| 5245 | + | (b) (1) (A) Not later than July 1, 2025, and every five years thereafter, 4212 |
---|
| 5246 | + | the [executive director] commissioner shall develop and adopt annual 4213 |
---|
| 5247 | + | health care cost growth benchmarks and annual primary care spending 4214 |
---|
| 5248 | + | targets for the succeeding five calendar years for provider entities and 4215 |
---|
| 5249 | + | payers. 4216 |
---|
| 5250 | + | (B) In developing the health care cost growth benchmarks and 4217 |
---|
| 5251 | + | primary care spending targets pursuant to this subdivision, the 4218 |
---|
| 5252 | + | [executive director] commissioner shall consider (i) any historical and 4219 |
---|
| 5253 | + | forecasted changes in median income for individuals in the state and the 4220 |
---|
| 5254 | + | growth rate of potential gross state product, (ii) the rate of inflation, and 4221 |
---|
| 5255 | + | (iii) the most recent report prepared by the [executive director] 4222 |
---|
| 5256 | + | commissioner pursuant to subsection (b) of section 19a-754h, as 4223 |
---|
| 5257 | + | amended by this act. 4224 |
---|
| 5258 | + | (C) (i) The [executive director] commissioner shall hold at least one 4225 |
---|
| 5259 | + | informational public hearing prior to adopting the health care cost 4226 |
---|
| 5260 | + | growth benchmarks and primary care spending targets for each 4227 |
---|
| 5261 | + | succeeding five-year period described in this subdivision. The 4228 |
---|
| 5262 | + | [executive director] commissioner may hold informational public 4229 |
---|
| 5263 | + | hearings concerning any annual health care cost growth benchmark and 4230 |
---|
| 5264 | + | primary care spending target set pursuant to subsection (a) or 4231 |
---|
| 5265 | + | subdivision (1) of subsection (b) of this section. Such informational 4232 |
---|
| 5266 | + | public hearings shall be held at a time and place designated by the 4233 |
---|
| 5267 | + | [executive director] commissioner in a notice prominently posted by the 4234 |
---|
| 5268 | + | [executive director] commissioner on the office's Internet web site and 4235 |
---|
| 5269 | + | in a form and manner prescribed by the [executive director] 4236 |
---|
| 5270 | + | commissioner. The [executive director] commissioner shall make 4237 |
---|
| 5271 | + | available on the office's Internet web site a summary of any such 4238 |
---|
| 5272 | + | informational public hearing and include the [executive director's] 4239 |
---|
| 5273 | + | commissioner's recommendations, if any, to modify or not to modify 4240 |
---|
| 5274 | + | Governor's Bill No. 6660 |
---|
| 5275 | + | |
---|
| 5276 | + | |
---|
| 5277 | + | |
---|
| 5278 | + | LCO No. 4030 141 of 165 |
---|
| 5279 | + | |
---|
| 5280 | + | any such annual benchmark or target. 4241 |
---|
| 5281 | + | (ii) If the [executive director] commissioner determines, after any 4242 |
---|
| 5282 | + | informational public hearing held pursuant to this subparagraph, that a 4243 |
---|
| 5283 | + | modification to any health care cost growth benchmark or annual 4244 |
---|
| 5284 | + | primary care spending target is, in the [executive director's] 4245 |
---|
| 5285 | + | commissioner's discretion, reasonably warranted, the [executive 4246 |
---|
| 5286 | + | director] commissioner may modify such benchmark or target. 4247 |
---|
| 5287 | + | (iii) The [executive director] commissioner shall annually (I) review 4248 |
---|
| 5288 | + | the current and projected rate of inflation, and (II) include on the office's 4249 |
---|
| 5289 | + | Internet web site the [executive director's] commissioner's findings of 4250 |
---|
| 5290 | + | such review, including the reasons for making or not making a 4251 |
---|
| 5291 | + | modification to any applicable health care cost growth benchmark. If the 4252 |
---|
| 5292 | + | [executive director] commissioner determines that the rate of inflation 4253 |
---|
| 5293 | + | requires modification of any health care cost growth benchmark 4254 |
---|
| 5294 | + | adopted under this section, the [executive director] commissioner may 4255 |
---|
| 5295 | + | modify such benchmark. In such event, the [executive director] 4256 |
---|
| 5296 | + | commissioner shall not be required to hold an informational public 4257 |
---|
| 5297 | + | hearing concerning such modified health care cost growth benchmark. 4258 |
---|
| 5298 | + | (D) The [executive director] commissioner shall post each adopted 4259 |
---|
| 5299 | + | health care cost growth benchmark and annual primary care spending 4260 |
---|
| 5300 | + | target on the office's Internet web site. 4261 |
---|
| 5301 | + | (E) Notwithstanding the provisions of subparagraphs (A) to (D), 4262 |
---|
| 5302 | + | inclusive, of this subdivision, if the average annual health care cost 4263 |
---|
| 5303 | + | growth benchmark for a succeeding five-year period described in this 4264 |
---|
| 5304 | + | subdivision differs from the average annual health care cost growth 4265 |
---|
| 5305 | + | benchmark for the five-year period preceding such succeeding five-year 4266 |
---|
| 5306 | + | period by more than one-half of one per cent, the [executive director] 4267 |
---|
| 5307 | + | commissioner shall submit the annual health care cost growth 4268 |
---|
| 5308 | + | benchmarks developed for such succeeding five-year period to the joint 4269 |
---|
| 5309 | + | standing committee of the General Assembly having cognizance of 4270 |
---|
| 5310 | + | matters relating to insurance for the committee's review and approval. 4271 |
---|
| 5311 | + | Governor's Bill No. 6660 |
---|
| 5312 | + | |
---|
| 5313 | + | |
---|
| 5314 | + | |
---|
| 5315 | + | LCO No. 4030 142 of 165 |
---|
| 5316 | + | |
---|
| 5317 | + | The committee shall be deemed to have approved such annual health 4272 |
---|
| 5318 | + | care cost growth benchmarks for such succeeding five-year period, 4273 |
---|
| 5319 | + | except upon a vote to reject such benchmarks by the majority of 4274 |
---|
| 5320 | + | committee members at a meeting of such committee called for the 4275 |
---|
| 5321 | + | purpose of reviewing such benchmarks and held not later than thirty 4276 |
---|
| 5322 | + | days after the [executive director] commissioner submitted such 4277 |
---|
| 5323 | + | benchmarks to such committee. If the committee votes to reject such 4278 |
---|
| 5324 | + | benchmarks, the [executive director] commissioner may submit to the 4279 |
---|
| 5325 | + | committee modified annual health care cost growth benchmarks for 4280 |
---|
| 5326 | + | such succeeding five-year period for the committee's review and 4281 |
---|
| 5327 | + | approval in accordance with the provisions of this subparagraph. The 4282 |
---|
| 5328 | + | [executive director] commissioner shall not be required to hold an 4283 |
---|
| 5329 | + | informational public hearing concerning such modified benchmarks. 4284 |
---|
| 5330 | + | Until the joint standing committee of the General Assembly having 4285 |
---|
| 5331 | + | cognizance of matters relating to insurance approves annual health care 4286 |
---|
| 5332 | + | cost growth benchmarks for the succeeding five-year period, such 4287 |
---|
| 5333 | + | benchmarks shall be deemed to be equal to the average annual health 4288 |
---|
| 5334 | + | care cost growth benchmark for the preceding five-year period. 4289 |
---|
| 5335 | + | (2) (A) Not later than July 1, 2025, and every five years thereafter, the 4290 |
---|
| 5336 | + | [executive director] commissioner shall develop and adopt annual 4291 |
---|
| 5337 | + | health care quality benchmarks for the succeeding five calendar years 4292 |
---|
| 5338 | + | for provider entities and payers. 4293 |
---|
| 5339 | + | (B) In developing annual health care quality benchmarks pursuant to 4294 |
---|
| 5340 | + | this subdivision, the [executive director] commissioner shall consider (i) 4295 |
---|
| 5341 | + | quality measures endorsed by nationally recognized organizations, 4296 |
---|
| 5342 | + | including, but not limited to, the National Quality Forum, the National 4297 |
---|
| 5343 | + | Committee for Quality Assurance, the Centers for Medicare and 4298 |
---|
| 5344 | + | Medicaid Services, the Centers for Disease Control, the Joint 4299 |
---|
| 5345 | + | Commission and expert organizations that develop health equity 4300 |
---|
| 5346 | + | measures, and (ii) measures that: (I) Concern health outcomes, 4301 |
---|
| 5347 | + | overutilization, underutilization and patient safety, (II) meet standards 4302 |
---|
| 5348 | + | of patient-centeredness and ensure consideration of differences in 4303 |
---|
| 5349 | + | preferences and clinical characteristics within patient subpopulations, 4304 |
---|
| 5350 | + | Governor's Bill No. 6660 |
---|
| 5351 | + | |
---|
| 5352 | + | |
---|
| 5353 | + | |
---|
| 5354 | + | LCO No. 4030 143 of 165 |
---|
| 5355 | + | |
---|
| 5356 | + | and (III) concern community health or population health. 4305 |
---|
| 5357 | + | (C) (i) The [executive director] commissioner shall hold at least one 4306 |
---|
| 5358 | + | informational public hearing prior to adopting the health care quality 4307 |
---|
| 5359 | + | benchmarks for each succeeding five-year period described in this 4308 |
---|
| 5360 | + | subdivision. The [executive director] commissioner may hold 4309 |
---|
| 5361 | + | informational public hearings concerning the quality measures the 4310 |
---|
| 5362 | + | [executive director] commissioner proposes to adopt as health care 4311 |
---|
| 5363 | + | quality benchmarks. Such informational public hearings shall be held at 4312 |
---|
| 5364 | + | a time and place designated by the [executive director] commissioner in 4313 |
---|
| 5365 | + | a notice prominently posted by the [executive director] commissioner 4314 |
---|
| 5366 | + | on the office's Internet web site and in a form and manner prescribed by 4315 |
---|
| 5367 | + | the [executive director] commissioner. The [executive director] 4316 |
---|
| 5368 | + | commissioner shall make available on the office's Internet web site a 4317 |
---|
| 5369 | + | summary of any such informational public hearing and include the 4318 |
---|
| 5370 | + | [executive director's] commissioner's recommendations, if any, to 4319 |
---|
| 5371 | + | modify or not modify any such health care quality benchmark. 4320 |
---|
| 5372 | + | (ii) If the [executive director] commissioner determines, after any 4321 |
---|
| 5373 | + | informational public hearing held pursuant to this subparagraph, that 4322 |
---|
| 5374 | + | modifications to any health care quality benchmarks are, in the 4323 |
---|
| 5375 | + | [executive director's] commissioner's discretion, reasonably warranted, 4324 |
---|
| 5376 | + | the [executive director] commissioner may modify such quality 4325 |
---|
| 5377 | + | benchmarks. The [executive director] commissioner shall not be 4326 |
---|
| 5378 | + | required to hold an additional informational public hearing concerning 4327 |
---|
| 5379 | + | such modified quality benchmarks. 4328 |
---|
| 5380 | + | (D) The [executive director] commissioner shall post each adopted 4329 |
---|
| 5381 | + | health care quality benchmark on the office's Internet web site. 4330 |
---|
| 5382 | + | (c) The [executive director] commissioner may enter into such 4331 |
---|
| 5383 | + | contractual agreements as may be necessary to carry out the purposes 4332 |
---|
| 5384 | + | of this section, including, but not limited to, contractual agreements 4333 |
---|
| 5385 | + | with actuarial, economic and other experts and consultants. 4334 |
---|
| 5386 | + | Sec. 126. Section 19a-754h of the general statutes is repealed and the 4335 |
---|
| 5387 | + | Governor's Bill No. 6660 |
---|
| 5388 | + | |
---|
| 5389 | + | |
---|
| 5390 | + | |
---|
| 5391 | + | LCO No. 4030 144 of 165 |
---|
| 5392 | + | |
---|
| 5393 | + | following is substituted in lieu thereof (Effective from passage): 4336 |
---|
| 5394 | + | (a) Not later than August 15, 2022, and annually thereafter, each 4337 |
---|
| 5395 | + | payer shall report to the [executive director] commissioner, in a form 4338 |
---|
| 5396 | + | and manner prescribed by the [executive director] commissioner, for the 4339 |
---|
| 5397 | + | preceding or prior years, if the [executive director] commissioner so 4340 |
---|
| 5398 | + | requests based on material changes to data previously submitted, 4341 |
---|
| 5399 | + | aggregated data, including aggregated self-funded data as applicable, 4342 |
---|
| 5400 | + | necessary for the [executive director] commissioner to calculate total 4343 |
---|
| 5401 | + | health care expenditures, primary care spending as a percentage of total 4344 |
---|
| 5402 | + | medical expenses and net cost of private health insurance. Each payer 4345 |
---|
| 5403 | + | shall also disclose, as requested by the [executive director] 4346 |
---|
| 5404 | + | commissioner, payer data required for adjusting total medical expense 4347 |
---|
| 5405 | + | calculations to reflect changes in the patient population. 4348 |
---|
| 5406 | + | (b) Not later than March 31, 2023, and annually thereafter, the 4349 |
---|
| 5407 | + | [executive director] commissioner shall prepare and post on the office's 4350 |
---|
| 5408 | + | Internet web site, a report concerning the total health care expenditures 4351 |
---|
| 5409 | + | utilizing the total aggregate medical expenses reported by payers 4352 |
---|
| 5410 | + | pursuant to subsection (a) of this section, including, but not limited to, 4353 |
---|
| 5411 | + | a breakdown of such population-adjusted total medical expenses by 4354 |
---|
| 5412 | + | payer and provider entities. The report may include, but shall not be 4355 |
---|
| 5413 | + | limited to, information regarding the following: 4356 |
---|
| 5414 | + | (1) Trends in major service category spending; 4357 |
---|
| 5415 | + | (2) Primary care spending as a percentage of total medical expenses; 4358 |
---|
| 5416 | + | (3) The net cost of private health insurance by payer by market 4359 |
---|
| 5417 | + | segment, including individual, small group, large group, self-insured, 4360 |
---|
| 5418 | + | student and Medicare Advantage markets; and 4361 |
---|
| 5419 | + | (4) Any other factors the [executive director] commissioner deems 4362 |
---|
| 5420 | + | relevant to providing context on such data, which shall include, but not 4363 |
---|
| 5421 | + | be limited to, the following factors: (A) The impact of the rate of inflation 4364 |
---|
| 5422 | + | and rate of medical inflation; (B) impacts, if any, on access to care; and 4365 |
---|
| 5423 | + | Governor's Bill No. 6660 |
---|
| 5424 | + | |
---|
| 5425 | + | |
---|
| 5426 | + | |
---|
| 5427 | + | LCO No. 4030 145 of 165 |
---|
| 5428 | + | |
---|
| 5429 | + | (C) responses to public health crises or similar emergencies. 4366 |
---|
| 5430 | + | (c) The [executive director] commissioner shall annually submit a 4367 |
---|
| 5431 | + | request to the federal Centers for Medicare and Medicaid Services for 4368 |
---|
| 5432 | + | the unadjusted total medical expenses of Connecticut residents. 4369 |
---|
| 5433 | + | (d) Not later than August 15, 2023, and annually thereafter, each 4370 |
---|
| 5434 | + | payer or provider entity shall report to the [executive director] 4371 |
---|
| 5435 | + | commissioner in a form and manner prescribed by the [executive 4372 |
---|
| 5436 | + | director] commissioner, for the preceding year, and for prior years if the 4373 |
---|
| 5437 | + | [executive director] commissioner so requests based on material 4374 |
---|
| 5438 | + | changes to data previously submitted, on the health care quality 4375 |
---|
| 5439 | + | benchmarks adopted pursuant to section 19a-754g, as amended by this 4376 |
---|
| 5440 | + | act. 4377 |
---|
| 5441 | + | (e) Not later than March 31, 2024, and annually thereafter, the 4378 |
---|
| 5442 | + | [executive director] commissioner shall prepare and post on the office's 4379 |
---|
| 5443 | + | Internet web site, a report concerning health care quality benchmarks 4380 |
---|
| 5444 | + | reported by payers and provider entities pursuant to subsection (d) of 4381 |
---|
| 5445 | + | this section. 4382 |
---|
| 5446 | + | (f) The [executive director] commissioner may enter into such 4383 |
---|
| 5447 | + | contractual agreements as may be necessary to carry out the purposes 4384 |
---|
| 5448 | + | of this section, including, but not limited to, contractual agreements 4385 |
---|
| 5449 | + | with actuarial, economic and other experts and consultants. 4386 |
---|
| 5450 | + | Sec. 127. Section 19a-754i of the general statutes is repealed and the 4387 |
---|
| 5451 | + | following is substituted in lieu thereof (Effective from passage): 4388 |
---|
| 5452 | + | (a) (1) For each calendar year, beginning on January 1, 2023, the 4389 |
---|
| 5453 | + | [executive director] commissioner shall, if the payer or provider entity 4390 |
---|
| 5454 | + | subject to the cost growth benchmark or primary care spending target 4391 |
---|
| 5455 | + | so requests, meet with such payer or provider entity to review and 4392 |
---|
| 5456 | + | validate the total medical expenses data collected pursuant to section 4393 |
---|
| 5457 | + | 19a-754h, as amended by this act, for such payer or provider entity. The 4394 |
---|
| 5458 | + | [executive director] commissioner shall review information provided by 4395 |
---|
| 5459 | + | Governor's Bill No. 6660 |
---|
| 5460 | + | |
---|
| 5461 | + | |
---|
| 5462 | + | |
---|
| 5463 | + | LCO No. 4030 146 of 165 |
---|
| 5464 | + | |
---|
| 5465 | + | the payer or provider entity and, if deemed necessary, amend findings 4396 |
---|
| 5466 | + | for such payer or provider prior to the identification of payer or 4397 |
---|
| 5467 | + | provider entities that exceeded the health care cost growth benchmark 4398 |
---|
| 5468 | + | or failed to meet the primary care spending target for the performance 4399 |
---|
| 5469 | + | year as set forth in section 19a-754h, as amended by this act. The 4400 |
---|
| 5470 | + | [executive director] commissioner shall identify, not later than May first 4401 |
---|
| 5471 | + | of such calendar year, each payer or provider entity that exceeded the 4402 |
---|
| 5472 | + | health care cost growth benchmark or failed to meet the primary care 4403 |
---|
| 5473 | + | spending target for the performance year. 4404 |
---|
| 5474 | + | (2) For each calendar year beginning on or after January 1, 2024, the 4405 |
---|
| 5475 | + | [executive director] commissioner shall, if the payer or provider entity 4406 |
---|
| 5476 | + | subject to the health care quality benchmarks for the performance year 4407 |
---|
| 5477 | + | so requests, meet with such payer or provider entity to review and 4408 |
---|
| 5478 | + | validate the quality data collected pursuant to section 19a-754h, as 4409 |
---|
| 5479 | + | amended by this act, for such payer or provider entity. The [executive 4410 |
---|
| 5480 | + | director] commissioner shall review information provided by the payer 4411 |
---|
| 5481 | + | or provider entity and, if deemed necessary, amend findings for such 4412 |
---|
| 5482 | + | payer or provider prior to the identification of payer or provider entities 4413 |
---|
| 5483 | + | that exceeded the health care quality benchmark as set forth in section 4414 |
---|
| 5484 | + | 19a-754h, as amended by this act. The [executive director] commissioner 4415 |
---|
| 5485 | + | shall identify, not later than May first of such calendar year, each payer 4416 |
---|
| 5486 | + | or provider entity that exceeded the health care quality benchmark for 4417 |
---|
| 5487 | + | the performance year. 4418 |
---|
| 5488 | + | (3) Not later than thirty days after the [executive director] 4419 |
---|
| 5489 | + | commissioner identifies each payer or provider entity pursuant to 4420 |
---|
| 5490 | + | subdivisions (1) and (2) of this subsection, the [executive director] 4421 |
---|
| 5491 | + | commissioner shall send a notice to each such payer or provider entity. 4422 |
---|
| 5492 | + | Such notice shall be in a form and manner prescribed by the [executive 4423 |
---|
| 5493 | + | director] commissioner, and shall disclose to each such payer or 4424 |
---|
| 5494 | + | provider entity: 4425 |
---|
| 5495 | + | (A) That the [executive director] commissioner has identified such 4426 |
---|
| 5496 | + | payer or provider entity pursuant to subdivision (1) or (2) of this 4427 |
---|
| 5497 | + | Governor's Bill No. 6660 |
---|
| 5498 | + | |
---|
| 5499 | + | |
---|
| 5500 | + | |
---|
| 5501 | + | LCO No. 4030 147 of 165 |
---|
| 5502 | + | |
---|
| 5503 | + | subsection; and 4428 |
---|
| 5504 | + | (B) The factual basis for the [executive director's] commissioner's 4429 |
---|
| 5505 | + | identification of such payer or provider entity pursuant to subdivision 4430 |
---|
| 5506 | + | (1) or (2) of this subsection. 4431 |
---|
| 5507 | + | (b) (1) For each calendar year beginning on and after January 1, 2023, 4432 |
---|
| 5508 | + | if the [executive director] commissioner determines that the annual 4433 |
---|
| 5509 | + | percentage change in total health care expenditures for the performance 4434 |
---|
| 5510 | + | year exceeded the health care cost growth benchmark for such year, the 4435 |
---|
| 5511 | + | [executive director] commissioner shall identify, not later than May first 4436 |
---|
| 5512 | + | of such calendar year, any other entity that significantly contributed to 4437 |
---|
| 5513 | + | exceeding such benchmark. Each identification shall be based on: 4438 |
---|
| 5514 | + | (A) The report prepared by the [executive director] commissioner 4439 |
---|
| 5515 | + | pursuant to subsection (b) of section 19a-754h, as amended by this act, 4440 |
---|
| 5516 | + | for such calendar year; 4441 |
---|
| 5517 | + | (B) The report filed pursuant to section 38a-479ppp for such calendar 4442 |
---|
| 5518 | + | year; 4443 |
---|
| 5519 | + | (C) The information and data reported to the office pursuant to 4444 |
---|
| 5520 | + | subsection (d) of section 19a-754b for such calendar year; 4445 |
---|
| 5521 | + | (D) Information obtained from the all-payer claims database 4446 |
---|
| 5522 | + | established under section 19a-755a, as amended by this act; and 4447 |
---|
| 5523 | + | (E) Any other information that the [executive director] commissioner, 4448 |
---|
| 5524 | + | in the [executive director's] commissioner's discretion, deems relevant 4449 |
---|
| 5525 | + | for the purposes of this section. 4450 |
---|
| 5526 | + | (2) The [executive director] commissioner shall account for costs, net 4451 |
---|
| 5527 | + | of rebates and discounts, when identifying other entities pursuant to 4452 |
---|
| 5528 | + | this section. 4453 |
---|
| 5529 | + | Sec. 128. Section 19a-754j of the general statutes is repealed and the 4454 |
---|
| 5530 | + | following is substituted in lieu thereof (Effective from passage): 4455 |
---|
| 5531 | + | Governor's Bill No. 6660 |
---|
| 5532 | + | |
---|
| 5533 | + | |
---|
| 5534 | + | |
---|
| 5535 | + | LCO No. 4030 148 of 165 |
---|
| 5536 | + | |
---|
| 5537 | + | (a) (1) Not later than June 30, 2023, and annually thereafter, the 4456 |
---|
| 5538 | + | [executive director] commissioner shall hold an informational public 4457 |
---|
| 5539 | + | hearing to compare the growth in total health care expenditures in the 4458 |
---|
| 5540 | + | performance year to the health care cost growth benchmark established 4459 |
---|
| 5541 | + | pursuant to section 19a-754g, as amended by this act, for such year. Such 4460 |
---|
| 5542 | + | hearing shall involve an examination of: 4461 |
---|
| 5543 | + | (A) The report most recently prepared by the [executive director] 4462 |
---|
| 5544 | + | commissioner pursuant to subsection (b) of section 19a-754h, as 4463 |
---|
| 5545 | + | amended by this act; 4464 |
---|
| 5546 | + | (B) The expenditures of provider entities and payers, including, but 4465 |
---|
| 5547 | + | not limited to, health care cost trends, primary care spending as a 4466 |
---|
| 5548 | + | percentage of total medical expenses and the factors contributing to 4467 |
---|
| 5549 | + | such costs and expenditures; and 4468 |
---|
| 5550 | + | (C) Any other matters that the [executive director] commissioner, in 4469 |
---|
| 5551 | + | the [executive director's] commissioner's discretion, deems relevant for 4470 |
---|
| 5552 | + | the purposes of this section. 4471 |
---|
| 5553 | + | (2) The [executive director] commissioner may require any payer or 4472 |
---|
| 5554 | + | provider entity that, for the performance year, is found to be a 4473 |
---|
| 5555 | + | significant contributor to health care cost growth in the state or has 4474 |
---|
| 5556 | + | failed to meet the primary care spending target, to participate in such 4475 |
---|
| 5557 | + | hearing. Each such payer or provider entity that is required to 4476 |
---|
| 5558 | + | participate in such hearing shall provide testimony on issues identified 4477 |
---|
| 5559 | + | by the [executive director] commissioner and provide additional 4478 |
---|
| 5560 | + | information on actions taken to reduce such payer's or entity's 4479 |
---|
| 5561 | + | contribution to future state-wide health care costs and expenditures or 4480 |
---|
| 5562 | + | to increase such payer's or provider entity's primary care spending as a 4481 |
---|
| 5563 | + | percentage of total medical expenses. 4482 |
---|
| 5564 | + | (3) The [executive director] commissioner may require that any other 4483 |
---|
| 5565 | + | entity that is found to be a significant contributor to health care cost 4484 |
---|
| 5566 | + | growth in this state during the performance year participate in such 4485 |
---|
| 5567 | + | hearing. Any other entity that is required to participate in such hearing 4486 |
---|
| 5568 | + | Governor's Bill No. 6660 |
---|
| 5569 | + | |
---|
| 5570 | + | |
---|
| 5571 | + | |
---|
| 5572 | + | LCO No. 4030 149 of 165 |
---|
| 5573 | + | |
---|
| 5574 | + | shall provide testimony on issues identified by the [executive director] 4487 |
---|
| 5575 | + | commissioner and provide additional information on actions taken to 4488 |
---|
| 5576 | + | reduce such other entity's contribution to future state-wide health care 4489 |
---|
| 5577 | + | costs. If such other entity is a drug manufacturer, and the [executive 4490 |
---|
| 5578 | + | director] commissioner requires that such drug manufacturer 4491 |
---|
| 5579 | + | participate in such hearing with respect to a specific drug or class of 4492 |
---|
| 5580 | + | drugs, such hearing may, to the extent possible, include representatives 4493 |
---|
| 5581 | + | from at least one brand-name manufacturer, one generic manufacturer 4494 |
---|
| 5582 | + | and one innovator company that is less than ten years old. 4495 |
---|
| 5583 | + | (4) Not later than October 15, 2023, and annually thereafter, the 4496 |
---|
| 5584 | + | [executive director] commissioner shall prepare and submit a report, in 4497 |
---|
| 5585 | + | accordance with section 11-4a, to the joint standing committees of the 4498 |
---|
| 5586 | + | General Assembly having cognizance of matters relating to insurance 4499 |
---|
| 5587 | + | and public health. Such report shall be based on the [executive 4500 |
---|
| 5588 | + | director's] commissioner's analysis of the information submitted during 4501 |
---|
| 5589 | + | the most recent informational public hearing conducted pursuant to this 4502 |
---|
| 5590 | + | subsection and any other information that the [executive director] 4503 |
---|
| 5591 | + | commissioner, in the [executive director's] commissioner's discretion, 4504 |
---|
| 5592 | + | deems relevant for the purposes of this section, and shall: 4505 |
---|
| 5593 | + | (A) Describe health care spending trends in this state, including, but 4506 |
---|
| 5594 | + | not limited to, trends in primary care spending as a percentage of total 4507 |
---|
| 5595 | + | medical expense, and the factors underlying such trends; 4508 |
---|
| 5596 | + | (B) Include the findings from the report prepared pursuant to 4509 |
---|
| 5597 | + | subsection (b) of section 19a-754h, as amended by this act; 4510 |
---|
| 5598 | + | (C) Describe a plan for monitoring any unintended adverse 4511 |
---|
| 5599 | + | consequences resulting from the adoption of cost growth benchmarks 4512 |
---|
| 5600 | + | and primary care spending targets and the results of any findings from 4513 |
---|
| 5601 | + | the implementation of such plan; and 4514 |
---|
| 5602 | + | (D) Disclose the [executive director's] commissioner's 4515 |
---|
| 5603 | + | recommendations, if any, concerning strategies to increase the efficiency 4516 |
---|
| 5604 | + | of the state's health care system, including, but not limited to, any 4517 |
---|
| 5605 | + | Governor's Bill No. 6660 |
---|
| 5606 | + | |
---|
| 5607 | + | |
---|
| 5608 | + | |
---|
| 5609 | + | LCO No. 4030 150 of 165 |
---|
| 5610 | + | |
---|
| 5611 | + | recommended legislation concerning the state's health care system. 4518 |
---|
| 5612 | + | (b) (1) Not later than June 30, 2024, and annually thereafter, the 4519 |
---|
| 5613 | + | [executive director] commissioner shall hold an informational public 4520 |
---|
| 5614 | + | hearing to compare the performance of payers and provider entities in 4521 |
---|
| 5615 | + | the performance year to the quality benchmarks established for such 4522 |
---|
| 5616 | + | year pursuant to section 19a-754g, as amended by this act. Such hearing 4523 |
---|
| 5617 | + | shall include an examination of: 4524 |
---|
| 5618 | + | (A) The report most recently prepared by the [executive director] 4525 |
---|
| 5619 | + | commissioner pursuant to subsection (e) of section 19a-754h, as 4526 |
---|
| 5620 | + | amended by this act; and 4527 |
---|
| 5621 | + | (B) Any other matters that the [executive director] commissioner, in 4528 |
---|
| 5622 | + | the [executive director's] commissioner's discretion, deems relevant for 4529 |
---|
| 5623 | + | the purposes of this section. 4530 |
---|
| 5624 | + | (2) The [executive director] commissioner may require any payer or 4531 |
---|
| 5625 | + | provider entity that failed to meet any health care quality benchmarks 4532 |
---|
| 5626 | + | in this state during the performance year to participate in such hearing. 4533 |
---|
| 5627 | + | Each such payer or provider entity that is required to participate in such 4534 |
---|
| 5628 | + | hearing shall provide testimony on issues identified by the [executive 4535 |
---|
| 5629 | + | director] commissioner and provide additional information on actions 4536 |
---|
| 5630 | + | taken to improve such payer's or provider entity's quality benchmark 4537 |
---|
| 5631 | + | performance. 4538 |
---|
| 5632 | + | (3) Not later than October 15, 2024, and annually thereafter, the 4539 |
---|
| 5633 | + | [executive director] commissioner shall prepare and submit a report, in 4540 |
---|
| 5634 | + | accordance with section 11-4a, to the joint standing committees of the 4541 |
---|
| 5635 | + | General Assembly having cognizance of matters relating to insurance 4542 |
---|
| 5636 | + | and public health. Such report shall be based on the [executive 4543 |
---|
| 5637 | + | director's] commissioner's analysis of the information submitted during 4544 |
---|
| 5638 | + | the most recent informational public hearing conducted pursuant to this 4545 |
---|
| 5639 | + | subsection and any other information that the [executive director] 4546 |
---|
| 5640 | + | commissioner, in the [executive director's] commissioner's discretion, 4547 |
---|
| 5641 | + | deems relevant for the purposes of this section, and shall: 4548 |
---|
| 5642 | + | Governor's Bill No. 6660 |
---|
| 5643 | + | |
---|
| 5644 | + | |
---|
| 5645 | + | |
---|
| 5646 | + | LCO No. 4030 151 of 165 |
---|
| 5647 | + | |
---|
| 5648 | + | (A) Describe health care quality trends in this state and the factors 4549 |
---|
| 5649 | + | underlying such trends; 4550 |
---|
| 5650 | + | (B) Include the findings from the report prepared pursuant to 4551 |
---|
| 5651 | + | subsection (e) of section 19a-754h, as amended by this act; and 4552 |
---|
| 5652 | + | (C) Disclose the [executive director's] commissioner's 4553 |
---|
| 5653 | + | recommendations, if any, concerning strategies to improve the quality 4554 |
---|
| 5654 | + | of the state's health care system, including, but not limited to, any 4555 |
---|
| 5655 | + | recommended legislation concerning the state's health care system. 4556 |
---|
| 5656 | + | Sec. 129. Section 19a-754k of the general statutes is repealed and the 4557 |
---|
| 5657 | + | following is substituted in lieu thereof (Effective from passage): 4558 |
---|
| 5658 | + | The [executive director] commissioner may adopt regulations, in 4559 |
---|
| 5659 | + | accordance with chapter 54, to implement the provisions of section 19a-4560 |
---|
| 5660 | + | 754a, as amended by this act, and sections 19a-754f to 19a-754j, inclusive, 4561 |
---|
| 5661 | + | as amended by this act. 4562 |
---|
| 5662 | + | Sec. 130. Subsections (b) and (c) of section 19a-755a of the general 4563 |
---|
| 5663 | + | statutes are repealed and the following is substituted in lieu thereof 4564 |
---|
| 5664 | + | (Effective from passage): 4565 |
---|
| 5665 | + | (b) (1) There is established an all-payer claims database program. The 4566 |
---|
| 5666 | + | Office of Health Strategy shall: (A) Oversee the planning, 4567 |
---|
| 5667 | + | implementation and administration of the all-payer claims database 4568 |
---|
| 5668 | + | program for the purpose of collecting, assessing and reporting health 4569 |
---|
| 5669 | + | care information relating to safety, quality, cost-effectiveness, access and 4570 |
---|
| 5670 | + | efficiency for all levels of health care; (B) ensure that data received is 4571 |
---|
| 5671 | + | securely collected, compiled and stored in accordance with state and 4572 |
---|
| 5672 | + | federal law; (C) conduct audits of data submitted by reporting entities 4573 |
---|
| 5673 | + | in order to verify its accuracy; and (D) in consultation with the Health 4574 |
---|
| 5674 | + | Information Technology Advisory Council established under section 4575 |
---|
| 5675 | + | 17b-59f, as amended by this act, maintain written procedures for the 4576 |
---|
| 5676 | + | administration of such all-payer claims database. Any such written 4577 |
---|
| 5677 | + | procedures shall include (i) reporting requirements for reporting 4578 |
---|
| 5678 | + | Governor's Bill No. 6660 |
---|
| 5679 | + | |
---|
| 5680 | + | |
---|
| 5681 | + | |
---|
| 5682 | + | LCO No. 4030 152 of 165 |
---|
| 5683 | + | |
---|
| 5684 | + | entities, and (ii) requirements for providing notice to a reporting entity 4579 |
---|
| 5685 | + | regarding any alleged failure on the part of such reporting entity to 4580 |
---|
| 5686 | + | comply with such reporting requirements. 4581 |
---|
| 5687 | + | (2) The [executive director of the Office] Commissioner of Health 4582 |
---|
| 5688 | + | Strategy shall seek funding from the federal government, other public 4583 |
---|
| 5689 | + | sources and other private sources to cover costs associated with the 4584 |
---|
| 5690 | + | planning, implementation and administration of the all-payer claims 4585 |
---|
| 5691 | + | database program. 4586 |
---|
| 5692 | + | (3) (A) Upon the adoption of reporting requirements as set forth in 4587 |
---|
| 5693 | + | subdivision (1) of this subsection, a reporting entity shall report health 4588 |
---|
| 5694 | + | care information for inclusion in the all-payer claims database in a form 4589 |
---|
| 5695 | + | and manner prescribed by the [executive director of the Office] 4590 |
---|
| 5696 | + | Commissioner of Health Strategy. The [executive director] 4591 |
---|
| 5697 | + | commissioner may, after notice and hearing, impose a civil penalty on 4592 |
---|
| 5698 | + | any reporting entity that fails to report health care information as 4593 |
---|
| 5699 | + | prescribed. Such civil penalty shall not exceed one thousand dollars per 4594 |
---|
| 5700 | + | day for each day of violation and shall not be imposed as a cost for the 4595 |
---|
| 5701 | + | purpose of rate determination or reimbursement by a third-party payer. 4596 |
---|
| 5702 | + | (B) The [executive director of the Office] Commissioner of Health 4597 |
---|
| 5703 | + | Strategy may provide the name of any reporting entity on which such 4598 |
---|
| 5704 | + | penalty has been imposed to the Insurance Commissioner. After 4599 |
---|
| 5705 | + | consultation with [said executive director] the Commissioner of Health 4600 |
---|
| 5706 | + | Strategy, the [commissioner] Insurance Commissioner may request the 4601 |
---|
| 5707 | + | Attorney General to bring an action in the superior court for the judicial 4602 |
---|
| 5708 | + | district of Hartford to recover any penalty imposed pursuant to 4603 |
---|
| 5709 | + | subparagraph (A) of this subdivision. 4604 |
---|
| 5710 | + | (4) The Commissioner of Social Services shall submit Medicaid and 4605 |
---|
| 5711 | + | CHIP data to the [executive director of the Office] Commissioner of 4606 |
---|
| 5712 | + | Health Strategy for inclusion in the all-payer claims database only for 4607 |
---|
| 5713 | + | purposes related to administration of the State Medicaid and CHIP 4608 |
---|
| 5714 | + | Plans, in accordance with 42 CFR 431.301 to 42 CFR 431.306, inclusive. 4609 |
---|
| 5715 | + | Governor's Bill No. 6660 |
---|
| 5716 | + | |
---|
| 5717 | + | |
---|
| 5718 | + | |
---|
| 5719 | + | LCO No. 4030 153 of 165 |
---|
| 5720 | + | |
---|
| 5721 | + | (5) The [executive director of the Office] Commissioner of Health 4610 |
---|
| 5722 | + | Strategy shall: (A) Utilize data in the all-payer claims database to 4611 |
---|
| 5723 | + | provide health care consumers in the state with information concerning 4612 |
---|
| 5724 | + | the cost and quality of health care services for the purpose of allowing 4613 |
---|
| 5725 | + | such consumers to make economically sound and medically 4614 |
---|
| 5726 | + | appropriate health care decisions; and (B) make data in the all-payer 4615 |
---|
| 5727 | + | claims database available to any state agency, insurer, employer, health 4616 |
---|
| 5728 | + | care provider, consumer of health care services or researcher for the 4617 |
---|
| 5729 | + | purpose of allowing such person or entity to review such data as it 4618 |
---|
| 5730 | + | relates to health care utilization, costs or quality of health care services. 4619 |
---|
| 5731 | + | If health information, as defined in 45 CFR 160.103, as amended from 4620 |
---|
| 5732 | + | time to time, is permitted to be disclosed under the Health Insurance 4621 |
---|
| 5733 | + | Portability and Accountability Act of 1996, P.L. 104-191, as amended 4622 |
---|
| 5734 | + | from time to time, or regulations adopted thereunder, any disclosure 4623 |
---|
| 5735 | + | thereof made pursuant to this subdivision shall have identifiers 4624 |
---|
| 5736 | + | removed, as set forth in 45 CFR 164.514, as amended from time to time. 4625 |
---|
| 5737 | + | Any disclosure made pursuant to this subdivision of information other 4626 |
---|
| 5738 | + | than health information shall be made in a manner to protect the 4627 |
---|
| 5739 | + | confidentiality of such other information as required by state and 4628 |
---|
| 5740 | + | federal law. The [executive director of the Office] Commissioner of 4629 |
---|
| 5741 | + | Health Strategy may set a fee to be charged to each person or entity 4630 |
---|
| 5742 | + | requesting access to data stored in the all-payer claims database. 4631 |
---|
| 5743 | + | (6) The [executive director of the Office] Commissioner of Health 4632 |
---|
| 5744 | + | Strategy may (A) in consultation with the All-Payer Claims Database 4633 |
---|
| 5745 | + | Advisory Group set forth in section 17b-59f, as amended by this act, 4634 |
---|
| 5746 | + | enter into a contract with a person or entity to plan, implement or 4635 |
---|
| 5747 | + | administer the all-payer claims database program, (B) enter into a 4636 |
---|
| 5748 | + | contract or take any action that is necessary to obtain data that is the 4637 |
---|
| 5749 | + | same data required to be submitted by reporting entities under 4638 |
---|
| 5750 | + | Medicare Part A or Part B, (C) enter into a contract for the collection, 4639 |
---|
| 5751 | + | management or analysis of data received from reporting entities, and 4640 |
---|
| 5752 | + | (D) in accordance with subdivision (4) of this subsection, enter into a 4641 |
---|
| 5753 | + | contract or take any action that is necessary to obtain Medicaid and 4642 |
---|
| 5754 | + | Governor's Bill No. 6660 |
---|
| 5755 | + | |
---|
| 5756 | + | |
---|
| 5757 | + | |
---|
| 5758 | + | LCO No. 4030 154 of 165 |
---|
| 5759 | + | |
---|
| 5760 | + | CHIP data. Any such contract for the collection, management or 4643 |
---|
| 5761 | + | analysis of such data shall expressly prohibit the disclosure of such data 4644 |
---|
| 5762 | + | for purposes other than the purposes described in this subsection. 4645 |
---|
| 5763 | + | (c) Unless otherwise specified, nothing in this section and no action 4646 |
---|
| 5764 | + | taken by the [executive director of the Office] Commissioner of Health 4647 |
---|
| 5765 | + | Strategy pursuant to this section or section 19a-755b, as amended by this 4648 |
---|
| 5766 | + | act, shall be construed to preempt, supersede or affect the authority of 4649 |
---|
| 5767 | + | the Insurance Commissioner to regulate the business of insurance in the 4650 |
---|
| 5768 | + | state. 4651 |
---|
| 5769 | + | Sec. 131. Section 19a-755b of the general statutes is repealed and the 4652 |
---|
| 5770 | + | following is substituted in lieu thereof (Effective from passage): 4653 |
---|
| 5771 | + | (a) For purposes of this section and sections 19a-904a, 19a-904b and 4654 |
---|
| 5772 | + | 38a-477d to 38a-477f, inclusive: 4655 |
---|
| 5773 | + | (1) "Allowed amount" means the maximum reimbursement dollar 4656 |
---|
| 5774 | + | amount that an insured's health insurance policy allows for a specific 4657 |
---|
| 5775 | + | procedure or service; 4658 |
---|
| 5776 | + | (2) "Consumer health information Internet web site" means an 4659 |
---|
| 5777 | + | Internet web site developed and operated by the Office of Health 4660 |
---|
| 5778 | + | Strategy to assist consumers in making informed decisions concerning 4661 |
---|
| 5779 | + | their health care and informed choices among health care providers; 4662 |
---|
| 5780 | + | (3) "Episode of care" means all health care services related to the 4663 |
---|
| 5781 | + | treatment of a condition or a service category for such treatment and, 4664 |
---|
| 5782 | + | for acute conditions, includes health care services and treatment 4665 |
---|
| 5783 | + | provided from the onset of the condition to its resolution or a service 4666 |
---|
| 5784 | + | category for such treatment and, for chronic conditions, includes health 4667 |
---|
| 5785 | + | care services and treatment provided over a given period of time or a 4668 |
---|
| 5786 | + | service category for such treatment; 4669 |
---|
| 5787 | + | (4) ["Executive director"] "Commissioner" means the [executive 4670 |
---|
| 5788 | + | director of the Office] Commissioner of Health Strategy; 4671 |
---|
| 5789 | + | Governor's Bill No. 6660 |
---|
| 5790 | + | |
---|
| 5791 | + | |
---|
| 5792 | + | |
---|
| 5793 | + | LCO No. 4030 155 of 165 |
---|
| 5794 | + | |
---|
| 5795 | + | (5) "Health care provider" means any individual, corporation, facility 4672 |
---|
| 5796 | + | or institution licensed by this state to provide health care services; 4673 |
---|
| 5797 | + | (6) "Health carrier" means any insurer, health care center, hospital 4674 |
---|
| 5798 | + | service corporation, medical service corporation, fraternal benefit 4675 |
---|
| 5799 | + | society or other entity delivering, issuing for delivery, renewing, 4676 |
---|
| 5800 | + | amending or continuing any individual or group health insurance 4677 |
---|
| 5801 | + | policy in this state providing coverage of the type specified in 4678 |
---|
| 5802 | + | subdivisions (1), (2), (4), (11) and (12) of section 38a-469; 4679 |
---|
| 5803 | + | (7) "Hospital" has the same meaning as provided in section 19a-490; 4680 |
---|
| 5804 | + | (8) "Out-of-pocket costs" means costs that are not reimbursed by a 4681 |
---|
| 5805 | + | health insurance policy and includes deductibles, coinsurance and 4682 |
---|
| 5806 | + | copayments for covered services and other costs to the consumer 4683 |
---|
| 5807 | + | associated with a procedure or service; 4684 |
---|
| 5808 | + | (9) "Outpatient surgical facility" has the same meaning as provided 4685 |
---|
| 5809 | + | in section 19a-493b; and 4686 |
---|
| 5810 | + | (10) "Public or private third party" means the state, the federal 4687 |
---|
| 5811 | + | government, employers, a health carrier, third-party administrator, as 4688 |
---|
| 5812 | + | defined in section 38a-720, or managed care organization. 4689 |
---|
| 5813 | + | (b) (1) Within available resources, the consumer health information 4690 |
---|
| 5814 | + | Internet web site shall: (A) Contain information comparing the quality, 4691 |
---|
| 5815 | + | price and cost of health care services, including, to the extent practicable, 4692 |
---|
| 5816 | + | (i) comparative price and cost information for the health care services 4693 |
---|
| 5817 | + | and procedures reported pursuant to subsection (c) of this section 4694 |
---|
| 5818 | + | categorized by payer or listed by health care provider, (ii) links to 4695 |
---|
| 5819 | + | Internet web sites and consumer tools where consumers may obtain 4696 |
---|
| 5820 | + | comparative cost and quality information, including The Joint 4697 |
---|
| 5821 | + | Commission and Medicare hospital compare tool, (iii) definitions of 4698 |
---|
| 5822 | + | common health insurance and medical terms so consumers may 4699 |
---|
| 5823 | + | compare health coverage and understand the terms of their coverage, 4700 |
---|
| 5824 | + | and (iv) factors consumers should consider when choosing an insurance 4701 |
---|
| 5825 | + | Governor's Bill No. 6660 |
---|
| 5826 | + | |
---|
| 5827 | + | |
---|
| 5828 | + | |
---|
| 5829 | + | LCO No. 4030 156 of 165 |
---|
| 5830 | + | |
---|
| 5831 | + | product or provider group, including provider network, premium, cost 4702 |
---|
| 5832 | + | sharing, covered services and tier information; (B) be designed to assist 4703 |
---|
| 5833 | + | consumers and institutional purchasers in making informed decisions 4704 |
---|
| 5834 | + | regarding their health care and informed choices among health care 4705 |
---|
| 5835 | + | providers and, to the extent practicable, provide reference pricing for 4706 |
---|
| 5836 | + | services paid by various health carriers to health care providers; (C) 4707 |
---|
| 5837 | + | present information in language and a format that is understandable to 4708 |
---|
| 5838 | + | the average consumer; and (D) be publicized to the general public. All 4709 |
---|
| 5839 | + | information outlined in this section shall be posted on an Internet web 4710 |
---|
| 5840 | + | site established, or to be established, by the [executive director of the 4711 |
---|
| 5841 | + | Office] Commissioner of Health Strategy in a manner and time frame as 4712 |
---|
| 5842 | + | may be organizationally and financially reasonable in his or her sole 4713 |
---|
| 5843 | + | discretion. 4714 |
---|
| 5844 | + | (2) Information collected, stored and published by the Office of 4715 |
---|
| 5845 | + | Health Strategy pursuant to this section is subject to the federal Health 4716 |
---|
| 5846 | + | Insurance Portability and Accountability Act of 1996, P.L. 104-191, as 4717 |
---|
| 5847 | + | amended from time to time. 4718 |
---|
| 5848 | + | (3) The [executive director of the Office] Commissioner of Health 4719 |
---|
| 5849 | + | Strategy may consider adding quality measures to the consumer health 4720 |
---|
| 5850 | + | information Internet web site. 4721 |
---|
| 5851 | + | (c) Not later than January 1, 2018, and annually thereafter, the 4722 |
---|
| 5852 | + | [executive director of the Office] Commissioner of Health Strategy shall, 4723 |
---|
| 5853 | + | to the extent the information is available, make available to the public 4724 |
---|
| 5854 | + | on the consumer health information Internet web site a list of: (1) The 4725 |
---|
| 5855 | + | fifty most frequently occurring inpatient services or procedures in the 4726 |
---|
| 5856 | + | state; (2) the fifty most frequently provided outpatient services or 4727 |
---|
| 5857 | + | procedures in the state; (3) the twenty-five most frequent surgical 4728 |
---|
| 5858 | + | services or procedures in the state; (4) the twenty-five most frequent 4729 |
---|
| 5859 | + | imaging services or procedures in the state; and (5) the twenty-five most 4730 |
---|
| 5860 | + | frequently used pharmaceutical products and medical devices in the 4731 |
---|
| 5861 | + | state. Such lists may (A) be expanded to include additional admissions 4732 |
---|
| 5862 | + | and procedures, (B) be based upon those services and procedures that 4733 |
---|
| 5863 | + | Governor's Bill No. 6660 |
---|
| 5864 | + | |
---|
| 5865 | + | |
---|
| 5866 | + | |
---|
| 5867 | + | LCO No. 4030 157 of 165 |
---|
| 5868 | + | |
---|
| 5869 | + | are most commonly performed by volume or that represent the greatest 4734 |
---|
| 5870 | + | percentage of related health care expenditures, or (C) be designed to 4735 |
---|
| 5871 | + | include those services and procedures most likely to result in out-of-4736 |
---|
| 5872 | + | pocket costs to consumers or include bundled episodes of care. 4737 |
---|
| 5873 | + | (d) Not later than January 1, 2018, and annually thereafter, to the 4738 |
---|
| 5874 | + | extent practicable, the [executive director of the Office] Commissioner 4739 |
---|
| 5875 | + | of Health Strategy shall issue a report, in a manner to be decided by the 4740 |
---|
| 5876 | + | [executive director] commissioner, that includes the (1) billed and 4741 |
---|
| 5877 | + | allowed amounts paid to health care providers in each health carrier's 4742 |
---|
| 5878 | + | network for each service and procedure included pursuant to subsection 4743 |
---|
| 5879 | + | (c) of this section, and (2) out-of-pocket costs for each such service and 4744 |
---|
| 5880 | + | procedure. 4745 |
---|
| 5881 | + | (e) (1) On and after January 1, 2018, each hospital shall, at the time of 4746 |
---|
| 5882 | + | scheduling a service or procedure for nonemergency care that is 4747 |
---|
| 5883 | + | included in the report prepared by the [executive director of the Office] 4748 |
---|
| 5884 | + | Commissioner of Health Strategy pursuant to subsection (d) of this 4749 |
---|
| 5885 | + | section, regardless of the location or setting where such services are 4750 |
---|
| 5886 | + | delivered, notify the patient of the patient's right to make a request for 4751 |
---|
| 5887 | + | cost and quality information. Upon the request of a patient for a 4752 |
---|
| 5888 | + | diagnosis or procedure included in such report, the hospital shall, not 4753 |
---|
| 5889 | + | later than three business days after scheduling such service or 4754 |
---|
| 5890 | + | procedure, provide written notice, electronically or by mail, to the 4755 |
---|
| 5891 | + | patient who is the subject of the service or procedure concerning: (A) If 4756 |
---|
| 5892 | + | the patient is uninsured, the amount to be charged for the service or 4757 |
---|
| 5893 | + | procedure if all charges are paid in full without a public or private third 4758 |
---|
| 5894 | + | party paying any portion of the charges, including the amount of any 4759 |
---|
| 5895 | + | facility fee, or, if the hospital is not able to provide a specific amount due 4760 |
---|
| 5896 | + | to an inability to predict the specific treatment or diagnostic code, the 4761 |
---|
| 5897 | + | estimated maximum allowed amount or charge for the service or 4762 |
---|
| 5898 | + | procedure, including the amount of any facility fee; (B) the 4763 |
---|
| 5899 | + | corresponding Medicare reimbursement amount or, if there is no 4764 |
---|
| 5900 | + | corresponding Medicare reimbursement amount for such diagnosis or 4765 |
---|
| 5901 | + | procedure, (i) the approximate amount Medicare would have paid the 4766 |
---|
| 5902 | + | Governor's Bill No. 6660 |
---|
| 5903 | + | |
---|
| 5904 | + | |
---|
| 5905 | + | |
---|
| 5906 | + | LCO No. 4030 158 of 165 |
---|
| 5907 | + | |
---|
| 5908 | + | hospital for the services on the billing statement, or (ii) the percentage 4767 |
---|
| 5909 | + | of the hospital's charges that Medicare would have paid the hospital for 4768 |
---|
| 5910 | + | the services; (C) if the patient is insured, the allowed amount, the toll-4769 |
---|
| 5911 | + | free telephone number and the Internet web site address of the patient's 4770 |
---|
| 5912 | + | health carrier where the patient can obtain information concerning 4771 |
---|
| 5913 | + | charges and out-of-pocket costs; (D) The Joint Commission's composite 4772 |
---|
| 5914 | + | accountability rating and the Medicare hospital compare star rating for 4773 |
---|
| 5915 | + | the hospital, as applicable; and (E) the Internet web site addresses for 4774 |
---|
| 5916 | + | The Joint Commission and the Medicare hospital compare tool where 4775 |
---|
| 5917 | + | the patient may obtain information concerning the hospital. 4776 |
---|
| 5918 | + | (2) If the patient is insured and the hospital is out-of-network under 4777 |
---|
| 5919 | + | the patient's health insurance policy, such written notice shall include a 4778 |
---|
| 5920 | + | statement that the service or procedure will likely be deemed out-of-4779 |
---|
| 5921 | + | network and that any out-of-network applicable rates under such policy 4780 |
---|
| 5922 | + | may apply. 4781 |
---|
| 5923 | + | Sec. 132. Subsection (b) of section 19a-911 of the general statutes is 4782 |
---|
| 5924 | + | repealed and the following is substituted in lieu thereof (Effective from 4783 |
---|
| 5925 | + | passage): 4784 |
---|
| 5926 | + | (b) The Council on Protecting Women's Health shall be comprised of 4785 |
---|
| 5927 | + | (1) the following ex-officio voting members: (A) The Commissioner of 4786 |
---|
| 5928 | + | Public Health, or the commissioner's designee; (B) the Commissioner of 4787 |
---|
| 5929 | + | Mental Health and Addiction Services, or the commissioner's designee; 4788 |
---|
| 5930 | + | (C) the Insurance Commissioner, or the commissioner's designee; (D) 4789 |
---|
| 5931 | + | the [executive director of Office] Commissioner of Health Strategy, or 4790 |
---|
| 5932 | + | the [executive director's] commissioner's designee; (E) the Healthcare 4791 |
---|
| 5933 | + | Advocate, or the Healthcare Advocate's designee; and (F) the Secretary 4792 |
---|
| 5934 | + | of the Office of Policy and Management, or the secretary's designee; and 4793 |
---|
| 5935 | + | (2) fourteen public members, three of whom shall be appointed by the 4794 |
---|
| 5936 | + | president pro tempore of the Senate, three of whom shall be appointed 4795 |
---|
| 5937 | + | by the speaker of the House of Representatives, two of whom shall be 4796 |
---|
| 5938 | + | appointed by the majority leader of the Senate, two of whom shall be 4797 |
---|
| 5939 | + | appointed by the majority leader of the House of Representatives, two 4798 |
---|
| 5940 | + | Governor's Bill No. 6660 |
---|
| 5941 | + | |
---|
| 5942 | + | |
---|
| 5943 | + | |
---|
| 5944 | + | LCO No. 4030 159 of 165 |
---|
| 5945 | + | |
---|
| 5946 | + | of whom shall be appointed by the minority leader of the Senate and 4799 |
---|
| 5947 | + | two of whom shall be appointed by the minority leader of the House of 4800 |
---|
| 5948 | + | Representatives, and all of whom shall be knowledgeable on issues 4801 |
---|
| 5949 | + | relative to women's health care in the state. The membership of the 4802 |
---|
| 5950 | + | council shall fairly and adequately represent women who have had 4803 |
---|
| 5951 | + | issues accessing quality health care in the state. 4804 |
---|
| 5952 | + | Sec. 133. Subsections (b) and (c) of section 20-195sss of the general 4805 |
---|
| 5953 | + | statutes are repealed and the following is substituted in lieu thereof 4806 |
---|
| 5954 | + | (Effective from passage): 4807 |
---|
| 5955 | + | (b) The [executive director of the Office] Commissioner of Health 4808 |
---|
| 5956 | + | Strategy [, established under section 19a-754a,] shall, within available 4809 |
---|
| 5957 | + | resources and in consultation with the Community Health Worker 4810 |
---|
| 5958 | + | Advisory Committee established by said office and the Commissioner 4811 |
---|
| 5959 | + | of Public Health, study the feasibility of creating a certification program 4812 |
---|
| 5960 | + | for community health workers. Such study shall examine the fiscal 4813 |
---|
| 5961 | + | impact of implementing such a certification program and include 4814 |
---|
| 5962 | + | recommendations for (1) requirements for certification and renewal of 4815 |
---|
| 5963 | + | certification of community health workers, including any training, 4816 |
---|
| 5964 | + | experience or continuing education requirements, (2) methods for 4817 |
---|
| 5965 | + | administering a certification program, including a certification 4818 |
---|
| 5966 | + | application, a standardized assessment of experience, knowledge and 4819 |
---|
| 5967 | + | skills, and an electronic registry, and (3) requirements for recognizing 4820 |
---|
| 5968 | + | training program curricula that are sufficient to satisfy the requirements 4821 |
---|
| 5969 | + | of certification. 4822 |
---|
| 5970 | + | (c) Not later than October 1, 2018, the [executive director of the Office] 4823 |
---|
| 5971 | + | Commissioner of Health Strategy shall report, in accordance with the 4824 |
---|
| 5972 | + | provisions of section 11-4a, on the results of such study and 4825 |
---|
| 5973 | + | recommendations to the joint standing committees of the General 4826 |
---|
| 5974 | + | Assembly having cognizance of matters relating to public health and 4827 |
---|
| 5975 | + | human services. 4828 |
---|
| 5976 | + | Sec. 134. Subsection (c) of section 20-195ttt of the general statutes is 4829 |
---|
| 5977 | + | Governor's Bill No. 6660 |
---|
| 5978 | + | |
---|
| 5979 | + | |
---|
| 5980 | + | |
---|
| 5981 | + | LCO No. 4030 160 of 165 |
---|
| 5982 | + | |
---|
| 5983 | + | repealed and the following is substituted in lieu thereof (Effective from 4830 |
---|
| 5984 | + | passage): 4831 |
---|
| 5985 | + | (c) The [executive director of the Office] Commissioner of Health 4832 |
---|
| 5986 | + | Strategy, or the [executive director's] commissioner's designee, shall act 4833 |
---|
| 5987 | + | as the chair of the Community Health Worker Advisory Body and shall 4834 |
---|
| 5988 | + | appoint the following members to said body: 4835 |
---|
| 5989 | + | (1) Six members who are actively practicing as community health 4836 |
---|
| 5990 | + | workers in the state; 4837 |
---|
| 5991 | + | (2) A member of the Community Health Workers Association of 4838 |
---|
| 5992 | + | Connecticut; 4839 |
---|
| 5993 | + | (3) A representative of a community-based community health worker 4840 |
---|
| 5994 | + | training organization; 4841 |
---|
| 5995 | + | (4) A representative of a regional community-technical college; 4842 |
---|
| 5996 | + | (5) An employer of community health workers; 4843 |
---|
| 5997 | + | (6) A representative of a health care organization that employs 4844 |
---|
| 5998 | + | community health workers; 4845 |
---|
| 5999 | + | (7) A health care provider who works directly with community health 4846 |
---|
| 6000 | + | workers; and 4847 |
---|
| 6001 | + | (8) The Commissioner of Public Health, or the commissioner's 4848 |
---|
| 6002 | + | designee. 4849 |
---|
| 6003 | + | Sec. 135. Subsection (a) of section 38a-477e of the general statutes is 4850 |
---|
| 6004 | + | repealed and the following is substituted in lieu thereof (Effective from 4851 |
---|
| 6005 | + | passage): 4852 |
---|
| 6006 | + | (a) On and after January 1, 2017, each health carrier, as defined in 4853 |
---|
| 6007 | + | section 19a-755b, as amended by this act, shall maintain an Internet web 4854 |
---|
| 6008 | + | site and toll-free telephone number that enables consumers to request 4855 |
---|
| 6009 | + | and obtain: (1) Information on in-network costs for inpatient 4856 |
---|
| 6010 | + | Governor's Bill No. 6660 |
---|
| 6011 | + | |
---|
| 6012 | + | |
---|
| 6013 | + | |
---|
| 6014 | + | LCO No. 4030 161 of 165 |
---|
| 6015 | + | |
---|
| 6016 | + | admissions, health care procedures and services, including (A) the 4857 |
---|
| 6017 | + | allowed amount for, at a minimum, admissions and procedures 4858 |
---|
| 6018 | + | reported to the [executive director of the Office] Commissioner of 4859 |
---|
| 6019 | + | Health Strategy pursuant to section 19a-755b, as amended by this act, 4860 |
---|
| 6020 | + | for each health care provider in the state; (B) the estimated out-of-pocket 4861 |
---|
| 6021 | + | costs that a consumer would be responsible for paying for any such 4862 |
---|
| 6022 | + | admission or procedure that is medically necessary, including any 4863 |
---|
| 6023 | + | facility fee, coinsurance, copayment, deductible or other out-of-pocket 4864 |
---|
| 6024 | + | expense; and (C) data or other information concerning (i) quality 4865 |
---|
| 6025 | + | measures for the health care provider, (ii) patient satisfaction, to the 4866 |
---|
| 6026 | + | extent such information is available, (iii) a directory of participating 4867 |
---|
| 6027 | + | providers, as defined in section 38a-472f, in accordance with the 4868 |
---|
| 6028 | + | provisions of section 38a-477h; and (2) information on out-of-network 4869 |
---|
| 6029 | + | costs for inpatient admissions, health care procedures and services. 4870 |
---|
| 6030 | + | Sec. 136. Subparagraph (B) of subdivision (1) of subsection (c) of 4871 |
---|
| 6031 | + | section 38a-477ee of the general statutes is repealed and the following is 4872 |
---|
| 6032 | + | substituted in lieu thereof (Effective from passage): 4873 |
---|
| 6033 | + | (B) The Attorney General, Healthcare Advocate and [executive 4874 |
---|
| 6034 | + | director of the Office] Commissioner of Health Strategy. 4875 |
---|
| 6035 | + | Sec. 137. (Effective from passage) (a) Wherever the term "executive 4876 |
---|
| 6036 | + | director of the Office of Higher Education" is used or referred to in any 4877 |
---|
| 6037 | + | public or special act of 2023, the term "Commissioner of Higher 4878 |
---|
| 6038 | + | Education" shall be substituted in lieu thereof. 4879 |
---|
| 6039 | + | (b) Wherever the term "executive director of the Office of Health 4880 |
---|
| 6040 | + | Strategy" is used or referred to in any public or special act of 2023, the 4881 |
---|
| 6041 | + | term "Commissioner of Health Strategy" shall be substituted in lieu 4882 |
---|
| 6042 | + | thereof. 4883 |
---|
| 6043 | + | (c) The Legislative Commissioners' Office shall, in codifying the 4884 |
---|
| 6044 | + | provisions of sections 29 to 136, inclusive, of this act, make such 4885 |
---|
| 6045 | + | technical, grammatical and punctuation changes as are necessary to 4886 |
---|
| 6046 | + | carry out the purposes of this section. 4887 |
---|
| 6047 | + | Governor's Bill No. 6660 |
---|
| 6048 | + | |
---|
| 6049 | + | |
---|
| 6050 | + | |
---|
| 6051 | + | LCO No. 4030 162 of 165 |
---|
| 6052 | + | |
---|