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General Assembly Raised Bill No. 5373
February Session, 2024
LCO No. 2221
Referred to Committee on HUMAN SERVICES
Introduced by:
(HS)
AN ACT CONCERNING VARIOUS REVISIONS TO HUMAN SERVICES
STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 17b-606 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
[(a) The Department of Social Services shall be the lead agency for 3
services to persons with physical or mental disabilities and shall 4
coordinate the delivery of such services by all state agencies servicing 5
persons with disabilities. 6
(b) Not later than September 30, 1988, the Commissioner of Social 7
Services shall appoint a Connecticut Council for Persons with 8
Disabilities to advise the Department of Social Services in carrying out 9
its duties pursuant to the provisions of subsection (a) of this section. The 10
council shall be composed of seventeen members, a majority of whom 11
shall be persons with disabilities. The council shall establish its own 12
rules and shall meet at least quarterly.] 13
[(c)] (a) There shall be established an interagency management 14 Raised Bill No. 5373
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committee for services to persons with disabilities. The committee shall 15
be composed of the commissioners, or their designees, of each state 16
agency that provides services to persons with disabilities. The 17
committee shall monthly review and evaluate services to persons with 18
disabilities and shall develop a policy under which state agencies may 19
enter into contracts with other state agencies for the delivery of services 20
to persons with disabilities. The first meeting of the committee shall be 21
convened by the Commissioner of Social Services. 22
[(d)] (b) The Department of Social Services shall maintain on the 23
department's Internet web site information on services provided to 24
persons with disabilities. The department's Internet web site shall 25
include a link to the Internet web page maintained by the Department 26
of Aging and Disability Services pursuant to section 17a-838 containing 27
information about services for deaf, deafblind and hard of hearing 28
individuals. 29
Sec. 2. Subdivision (1) of subsection (h) of section 17b-340 of the 2024 30
supplement to the general statutes is repealed and the following is 31
substituted in lieu thereof (Effective from passage): 32
(h) (1) For the fiscal year ending June 30, 1993, any intermediate care 33
facility for individuals with intellectual disabilities with an operating 34
cost component of its rate in excess of one hundred forty per cent of the 35
median of operating cost components of rates in effect January 1, 1992, 36
shall not receive an operating cost component increase. For the fiscal 37
year ending June 30, 1993, any intermediate care facility for individuals 38
with intellectual disabilities with an operating cost component of its rate 39
that is less than one hundred forty per cent of the median of operating 40
cost components of rates in effect January 1, 1992, shall have an 41
allowance for real wage growth equal to thirty per cent of the increase 42
determined in accordance with subsection (q) of section 17-311-52 of the 43
regulations of Connecticut state agencies, provided such operating cost 44
component shall not exceed one hundred forty per cent of the median 45
of operating cost components in effect January 1, 1992. Any facility with 46
real property other than land placed in service prior to October 1, 1991, 47 Raised Bill No. 5373
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shall, for the fiscal year ending June 30, 1995, receive a rate of return on 48
real property equal to the average of the rates of return applied to real 49
property other than land placed in service for the five years preceding 50
October 1, 1993. For the fiscal year ending June 30, 1996, and any 51
succeeding fiscal year, the rate of return on real property for property 52
items shall be revised every five years. The commissioner shall, upon 53
submission of a request, allow actual debt service, comprised of 54
principal and interest, in excess of property costs allowed pursuant to 55
section 17-311-52 of the regulations of Connecticut state agencies, 56
provided such debt service terms and amounts are reasonable in 57
relation to the useful life and the base value of the property. For the fiscal 58
year ending June 30, 1995, and any succeeding fiscal year, the inflation 59
adjustment made in accordance with subsection (p) of section 17-311-52 60
of the regulations of Connecticut state agencies shall not be applied to 61
real property costs. For the fiscal year ending June 30, 1996, and any 62
succeeding fiscal year, the allowance for real wage growth, as 63
determined in accordance with subsection (q) of section 17-311-52 of the 64
regulations of Connecticut state agencies, shall not be applied. For the 65
fiscal year ending June 30, 1996, and any succeeding fiscal year, no rate 66
shall exceed three hundred seventy-five dollars per day unless the 67
commissioner, in consultation with the Commissio ner of 68
Developmental Services, determines after a review of program and 69
management costs, that a rate in excess of this amount is necessary for 70
care and treatment of facility residents. For the fiscal year ending June 71
30, 2002, rate period, the Commissioner of Social Services shall increase 72
the inflation adjustment for rates made in accordance with subsection 73
(p) of section 17-311-52 of the regulations of Connecticut state agencies 74
to update allowable fiscal year 2000 costs to include a three and one-half 75
per cent inflation factor. For the fiscal year ending June 30, 2003, rate 76
period, the commissioner shall increase the inflation adjustment for 77
rates made in accordance with subsection (p) of section 17-311-52 of the 78
regulations of Connecticut state agencies to update allowable fiscal year 79
2001 costs to include a one and one-half per cent inflation factor, except 80
that such increase shall be effective November 1, 2002, and such facility 81
rate in effect for the fiscal year ending June 30, 2002, shall be paid for 82 Raised Bill No. 5373
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services provided until October 31, 2002, except any facility that would 83
have been issued a lower rate effective July 1, 2002, than for the fiscal 84
year ending June 30, 2002, due to interim rate status or agreement with 85
the department shall be issued such lower rate effective July 1, 2002, and 86
have such rate updated effective November 1, 2002, in accordance with 87
applicable statutes and regulations. For the fiscal year ending June 30, 88
2004, rates in effect for the period ending June 30, 2003, shall remain in 89
effect, except any facility that would have been issued a lower rate 90
effective July 1, 2003, than for the fiscal year ending June 30, 2003, due 91
to interim rate status or agreement with the department shall be issued 92
such lower rate effective July 1, 2003. For the fiscal year ending June 30, 93
2005, rates in effect for the period ending June 30, 2004, shall remain in 94
effect until September 30, 2004. Effective October 1, 2004, each facility 95
shall receive a rate that is five per cent greater than the rate in effect 96
September 30, 2004. Effective upon receipt of all the necessary federal 97
approvals to secure federal financial participation matching funds 98
associated with the rate increase provided in subdivision (4) of 99
subsection (f) of this section, but in no event earlier than October 1, 2005, 100
and provided the user fee imposed under section 17b-320 is required to 101
be collected, each facility shall receive a rate that is four per cent more 102
than the rate the facility received in the prior fiscal year, except any 103
facility that would have been issued a lower rate effective October 1, 104
2005, than for the fiscal year ending June 30, 2005, due to interim rate 105
status or agreement with the department, shall be issued such lower rate 106
effective October 1, 2005. Such rate increase shall remain in effect unless: 107
(A) The federal financial participation matching funds associated with 108
the rate increase are no longer available; or (B) the user fee created 109
pursuant to section 17b-320 is not in effect. For the fiscal year ending 110
June 30, 2007, rates in effect for the period ending June 30, 2006, shall 111
remain in effect until September 30, 2006, except any facility that would 112
have been issued a lower rate effective July 1, 2006, than for the fiscal 113
year ending June 30, 2006, due to interim rate status or agreement with 114
the department, shall be issued such lower rate effective July 1, 2006. 115
Effective October 1, 2006, no facility shall receive a rate that is more than 116
three per cent greater than the rate in effect for the facility on September 117 Raised Bill No. 5373
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30, 2006, except any facility that would have been issued a lower rate 118
effective October 1, 2006, due to interim rate status or agreement with 119
the department, shall be issued such lower rate effective October 1, 2006. 120
For the fiscal year ending June 30, 2008, each facility shall receive a rate 121
that is two and nine-tenths per cent greater than the rate in effect for the 122
period ending June 30, 2007, except any facility that would have been 123
issued a lower rate effective July 1, 2007, than for the rate period ending 124
June 30, 2007, due to interim rate status, or agreement with the 125
department, shall be issued such lower rate effective July 1, 2007. For the 126
fiscal year ending June 30, 2009, rates in effect for the period ending June 127
30, 2008, shall remain in effect until June 30, 2009, except any facility that 128
would have been issued a lower rate for the fiscal year ending June 30, 129
2009, due to interim rate status or agreement with the department, shall 130
be issued such lower rate. For the fiscal years ending June 30, 2010, and 131
June 30, 2011, rates in effect for the period ending June 30, 2009, shall 132
remain in effect until June 30, 2011, except any facility that would have 133
been issued a lower rate for the fiscal year ending June 30, 2010, or the 134
fiscal year ending June 30, 2011, due to interim rate status or agreement 135
with the department, shall be issued such lower rate. For the fiscal year 136
ending June 30, 2012, rates in effect for the period ending June 30, 2011, 137
shall remain in effect until June 30, 2012, except any facility that would 138
have been issued a lower rate for the fiscal year ending June 30, 2012, 139
due to interim rate status or agreement with the department, shall be 140
issued such lower rate. For the fiscal years ending June 30, 2014, and 141
June 30, 2015, rates shall not exceed those in effect for the period ending 142
June 30, 2013, except the rate paid to a facility may be higher than the 143
rate paid to the facility for the period ending June 30, 2013, if a capital 144
improvement approved by the Department of Developmental Services, 145
in consultation with the Department of Social Services, for the health or 146
safety of the residents was made to the facility during the fiscal year 147
ending June 30, 2014, or June 30, 2015, to the extent such rate increases 148
are within available appropriations. Any facility that would have been 149
issued a lower rate for the fiscal year ending June 30, 2014, or the fiscal 150
year ending June 30, 2015, due to interim rate status or agreement with 151
the department, shall be issued such lower rate. For the fiscal years 152 Raised Bill No. 5373
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ending June 30, 2016, and June 30, 2017, rates shall not exceed those in 153
effect for the period ending June 30, 2015, except the rate paid to a 154
facility may be higher than the rate paid to the facility for the period 155
ending June 30, 2015, if a capital improvement approved by the 156
Department of Developmental Services, in consultation with the 157
Department of Social Services, for the health or safety of the residents 158
was made to the facility during the fiscal year ending June 30, 2016, or 159
June 30, 2017, to the extent such rate increases are within available 160
appropriations. For the fiscal years ending June 30, 2016, and June 30, 161
2017, and each succeeding fiscal year, any facility that would have been 162
issued a lower rate, due to interim rate status, a change in allowable fair 163
rent or agreement with the department, shall be issued such lower rate. 164
For the fiscal years ending June 30, 2018, and June 30, 2019, rates shall 165
not exceed those in effect for the period ending June 30, 2017, except the 166
rate paid to a facility may be higher than the rate paid to the facility for 167
the period ending June 30, 2017, if a capital improvement approved by 168
the Department of Developmental Services, in consultation with the 169
Department of Social Services, for the health or safety of the residents 170
was made to the facility during the fiscal year ending June 30, 2018, or 171
June 30, 2019, only to the extent such rate increases are within available 172
appropriations. For the fiscal years ending June 30, 2020, and June 30, 173
2021, rates shall not exceed those in effect for the fiscal year ending June 174
30, 2019, except the rate paid to a facility may be higher than the rate 175
paid to the facility for the fiscal year ending June 30, 2019, if a capital 176
improvement approved by the Department of Developmental Services, 177
in consultation with the Department of Social Services, for the health or 178
safety of the residents was made to the facility during the fiscal year 179
ending June 30, 2020, or June 30, 2021, only to the extent such rate 180
increases are within available appropriations. For the fiscal year ending 181
June 30, 2022, rates shall not exceed those in effect for the fiscal year 182
ending June 30, 2021, except the commissioner may, in the 183
commissioner's discretion and within available appropriations, provide 184
pro rata fair rent increases to facilities that have documented fair rent 185
additions placed in service in the cost report year ending September 30, 186
2020, that are not otherwise included in rates issued. For the fiscal year 187 Raised Bill No. 5373
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ending June 30, 2023, rates shall not exceed those in effect for the fiscal 188
year ending June 30, 2022, except the commissioner may, in the 189
commissioner's discretion and within available appropriations, provide 190
pro rata fair rent increases to facilities which have documented fair rent 191
additions placed in service in the cost report year ending September 30, 192
2021, that are not otherwise included in rates issued. For the fiscal years 193
ending June 30, 2022, and June 30, 2023, a facility may receive a rate 194
increase for a capital improvement approved by the Department of 195
Developmental Services, in consultation with the Department of Social 196
Services, for the health or safety of the residents during the fiscal year 197
ending June 30, 2022, or June 30, 2023, only to the extent such rate 198
increases are within available appropriations. There shall be no increase 199
to rates based on inflation or any inflationary factor for the fiscal years 200
ending June 30, 2022, and June 30, 2023. Notwithstanding any other 201
provisions of this chapter, any subsequent increase to allowable 202
operating costs, excluding fair rent, shall be inflated by the gross 203
domestic product deflator when funding is specifically appropriated for 204
such purposes in the enacted budget. The rate of inflation shall be 205
computed by comparing the most recent rate year to the average of the 206
gross domestic product deflator for the previous four fiscal quarters 207
ending [April thirtieth] March thirty-first. Any increase to rates based 208
on inflation shall be applied prior to the application of any other budget 209
adjustment factors that may impact such rates. For the fiscal year ending 210
June 30, 2024, the department shall determine facility rates based upon 211
2022 cost report filings subject to the provisions of this section, adjusted 212
to reflect any rate increases provided after the cost report year ending 213
June 30, 2022, and with the addition of a two per cent adjustment factor. 214
No facility shall receive a rate less than the rate in effect for the fiscal 215
year ending June 30, 2023. For the fiscal year ending June 30, 2024, the 216
minimum per diem, per bed rate shall remain at five hundred one 217
dollars for a residential facility licensed pursuant to section 17a-227 and 218
certified to participate in the Title XIX Medicaid program as an 219
intermediate care facility for individuals with intellectual disability. 220
There shall be no increase to rates based on any inflationary factor for 221
the fiscal year ending June 30, 2024. For the fiscal year ending June 30, 222 Raised Bill No. 5373
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2024, and each subsequent fiscal year, the commissioner may, in the 223
commissioner's discretion and within available appropriations, provide 224
pro rata fair rent increases to facilities that have documented fair rent 225
additions placed in service in the cost report years that are not otherwise 226
included in rates issued. For the fiscal year ending June 30, 2025, the 227
department shall determine facility rates based upon 2023 cost report 228
filings subject to the provisions of this section, adjusted to reflect any 229
rate increases provided after the cost report ending June 30, 2023. A 230
facility may receive a rate that is less than the rate in effect for the fiscal 231
year ending June 30, 2024, but shall not receive a rate less than the 232
minimum per diem, per bed rate. For the fiscal year ending June 30, 233
2025, the minimum per diem, per bed rate shall remain at five hundred 234
one dollars for a residential facility licensed pursuant to section 17a-227 235
and certified to participate in the Title XIX Medicaid program as an 236
intermediate care facility for individuals with intellectual disability. 237
There shall be no increase to rates based on any inflationary factor for 238
the fiscal year ending June 30, 2025. For the fiscal year ending June 30, 239
2026, the department shall determine facility rates based upon 2024 cost 240
report filings subject to the provisions of this section, adjusted to reflect 241
any rate increases provided after the cost report ending June 30, 2024. 242
For the fiscal year ending June 30, 2026, there shall be no minimum per 243
diem, per bed rate for a residential facility licensed pursuant to section 244
17a-227 and certified to participate in the Title XIX Medicaid program 245
as an intermediate care facility for individuals with intellectual 246
disability. There shall be no increase to rates based on any inflationary 247
factor for the fiscal year ending June 30, 2026. For the fiscal years ending 248
June 30, 2024, and June 30, 2025, a facility may receive a rate increase for 249
a capital improvement approved by the Department of Developmental 250
Services, in consultation with the Department of Social Services, for the 251
health or safety of the residents during the fiscal year ending June 30, 252
2024, or June 30, 2025, only to the extent such rate increases are within 253
available appropriations. Any facility that has a significant decrease in 254
land and building costs shall receive a reduced rate to reflect such 255
decrease in land and building costs. For the fiscal years ending June 30, 256
2012, June 30, 2013, June 30, 2014, June 30, 2015, June 30, 2016, June 30, 257 Raised Bill No. 5373
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2017, June 30, 2018, June 30, 2019, June 30, 2020, June 30, 2021, June 30, 258
2022, June 30, 2023, June 30, 2024, and June 30, 2025, the Commissioner 259
of Social Services may provide fair rent increases to any facility that has 260
undergone a material change in circumstances related to fair rent and 261
has an approved certificate of need pursuant to section 17b-352, 17b-353, 262
17b-354 or 17b-355. Notwithstanding the provisions of this section, the 263
Commissioner of Social Services may, within available appropriations, 264
increase or decrease rates issued to intermediate care facilities for 265
individuals with intellectual disabilities to reflect a reduction in 266
available appropriations as provided in subsection (a) of this section. 267
For the fiscal years ending June 30, 2014, and June 30, 2015, the 268
commissioner shall not consider rebasing in determining rates. 269
Notwithstanding the provisions of this subsection, effective July 1, 2021, 270
and July 1, 2022, the commissioner shall, within available 271
appropriations, increase rates for the purpose of wage and benefit 272
enhancements for employees of intermediate care facilities. Facilities 273
that receive a rate adjustment for the purpose of wage and benefit 274
enhancements but do not provide increases in employee salaries as 275
described in this subsection on or before July 31, 2021, and July 31, 2022, 276
respectively, may be subject to a rate decrease in the same amount as the 277
adjustment by the commissioner. 278
Sec. 3. Subsection (i) of section 17b-340 of the 2024 supplement to the 279
general statutes is repealed and the following is substituted in lieu 280
thereof (Effective from passage): 281
(i) For the fiscal year ending June 30, 1993, any residential care home 282
with an operating cost component of its rate in excess of one hundred 283
thirty per cent of the median of operating cost components of rates in 284
effect January 1, 1992, shall not receive an operating cost component 285
increase. For the fiscal year ending June 30, 1993, any residential care 286
home with an operating cost component of its rate that is less than one 287
hundred thirty per cent of the median of operating cost components of 288
rates in effect January 1, 1992, shall have an allowance for real wage 289
growth equal to sixty-five per cent of the increase determined in 290
accordance with subsection (q) of section 17-311-52 of the regulations of 291 Raised Bill No. 5373
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Connecticut state agencies, provided such operating cost component 292
shall not exceed one hundred thirty per cent of the median of operating 293
cost components in effect January 1, 1992. Beginning with the fiscal year 294
ending June 30, 1993, for the purpose of determining allowable fair rent, 295
a residential care home with allowable fair rent less than the twenty-296
fifth percentile of the state-wide allowable fair rent shall be reimbursed 297
as having allowable fair rent equal to the twenty-fifth percentile of the 298
state-wide allowable fair rent. Beginning with the fiscal year ending 299
June 30, 1997, a residential care home with allowable fair rent less than 300
three dollars and ten cents per day shall be reimbursed as having 301
allowable fair rent equal to three dollars and ten cents per day. Property 302
additions placed in service during the cost year ending September 30, 303
1996, or any succeeding cost year shall receive a fair rent allowance for 304
such additions as an addition to three dollars and ten cents per day if 305
the fair rent for the facility for property placed in service prior to 306
September 30, 1995, is less than or equal to three dollars and ten cents 307
per day. Beginning with the fiscal year ending June 30, 2016, a 308
residential care home shall be reimbursed the greater of the allowable 309
accumulated fair rent reimbursement associated with real property 310
additions and land as calculated on a per day basis or three dollars and 311
ten cents per day if the allowable reimbursement associated with real 312
property additions and land is less than three dollars and ten cents per 313
day. For the fiscal year ending June 30, 1996, and any succeeding fiscal 314
year, the allowance for real wage growth, as determined in accordance 315
with subsection (q) of section 17-311-52 of the regulations of Connecticut 316
state agencies, shall not be applied. For the fiscal year ending June 30, 317
1996, and any succeeding fiscal year, the inflation adjustment made in 318
accordance with subsection (p) of section 17-311-52 of the regulations of 319
Connecticut state agencies shall not be applied to real property costs. 320
Beginning with the fiscal year ending June 30, 1997, minimum allowable 321
patient days for rate computation purposes for a residential care home 322
with twenty-five beds or less shall be eighty-five per cent of licensed 323
capacity. Beginning with the fiscal year ending June 30, 2002, for the 324
purposes of determining the allowable salary of an administrator of a 325
residential care home with sixty beds or less the department shall revise 326 Raised Bill No. 5373
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the allowable base salary to thirty-seven thousand dollars to be annually 327
inflated thereafter in accordance with section 17-311-52 of the 328
regulations of Connecticut state agencies. The rates for the fiscal year 329
ending June 30, 2002, shall be based upon the increased allowable salary 330
of an administrator, regardless of whether such amount was expended 331
in the 2000 cost report period upon which the rates are based. Beginning 332
with the fiscal year ending June 30, 2000, and until the fiscal year ending 333
June 30, 2009, inclusive, the inflation adjustment for rates made in 334
accordance with subsection (p) of section 17-311-52 of the regulations of 335
Connecticut state agencies shall be increased by two per cent, and 336
beginning with the fiscal year ending June 30, 2002, the inflation 337
adjustment for rates made in accordance with subsection (c) of said 338
section shall be increased by one per cent. Beginning with the fiscal year 339
ending June 30, 1999, for the purpose of determining the allowable 340
salary of a related party, the department shall revise the maximum 341
salary to twenty-seven thousand eight hundred fifty-six dollars to be 342
annually inflated thereafter in accordance with section 17-311-52 of the 343
regulations of Connecticut state agencies and beginning with the fiscal 344
year ending June 30, 2001, such allowable salary shall be computed on 345
an hourly basis and the maximum number of hours allowed for a related 346
party other than the proprietor shall be increased from forty hours to 347
forty-eight hours per work week. For the fiscal year ending June 30, 348
2005, each facility shall receive a rate that is two and one-quarter per 349
cent more than the rate the facility received in the prior fiscal year, 350
except any facility that would have been issued a lower rate effective 351
July 1, 2004, than for the fiscal year ending June 30, 2004, due to interim 352
rate status or agreement with the department shall be issued such lower 353
rate effective July 1, 2004. Effective upon receipt of all the necessary 354
federal approvals to secure federal financial participation matching 355
funds associated with the rate increase provided in subdivision (4) of 356
subsection (f) of this section, but in no event earlier than October 1, 2005, 357
and provided the user fee imposed under section 17b-320 is required to 358
be collected, each facility shall receive a rate that is determined in 359
accordance with applicable law and subject to appropriations, except 360
any facility that would have been issued a lower rate effective October 361 Raised Bill No. 5373
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1, 2005, than for the fiscal year ending June 30, 2005, due to interim rate 362
status or agreement with the department, shall be issued such lower rate 363
effective October 1, 2005. Such rate increase shall remain in effect unless: 364
(1) The federal financial participation matching funds associated with 365
the rate increase are no longer available; or (2) the user fee created 366
pursuant to section 17b-320 is not in effect. For the fiscal year ending 367
June 30, 2007, rates in effect for the period ending June 30, 2006, shall 368
remain in effect until September 30, 2006, except any facility that would 369
have been issued a lower rate effective July 1, 2006, than for the fiscal 370
year ending June 30, 2006, due to interim rate status or agreement with 371
the department, shall be issued such lower rate effective July 1, 2006. 372
Effective October 1, 2006, no facility shall receive a rate that is more than 373
four per cent greater than the rate in effect for the facility on September 374
30, 2006, except for any facility that would have been issued a lower rate 375
effective October 1, 2006, due to interim rate status or agreement with 376
the department, shall be issued such lower rate effective October 1, 2006. 377
For the fiscal years ending June 30, 2010, and June 30, 2011, rates in effect 378
for the period ending June 30, 2009, shall remain in effect until June 30, 379
2011, except any facility that would have been issued a lower rate for 380
the fiscal year ending June 30, 2010, or the fiscal year ending June 30, 381
2011, due to interim rate status or agreement with the department, shall 382
be issued such lower rate, except (A) any facility that would have been 383
issued a lower rate for the fiscal year ending June 30, 2010, or the fiscal 384
year ending June 30, 2011, due to interim rate status or agreement with 385
the Commissioner of Social Services shall be issued such lower rate; and 386
(B) the commissioner may increase a facility's rate for reasonable costs 387
associated with such facility's compliance with the provisions of section 388
19a-495a concerning the administration of medication by unlicensed 389
personnel. For the fiscal year ending June 30, 2012, rates in effect for the 390
period ending June 30, 2011, shall remain in effect until June 30, 2012, 391
except that (i) any facility that would have been issued a lower rate for 392
the fiscal year ending June 30, 2012, due to interim rate status or 393
agreement with the Commissioner of Social Services shall be issued 394
such lower rate; and (ii) the commissioner may increase a facility's rate 395
for reasonable costs associated with such facility's compliance with the 396 Raised Bill No. 5373
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provisions of section 19a-495a concerning the administration of 397
medication by unlicensed personnel. For the fiscal year ending June 30, 398
2013, the Commissioner of Social Services may, within available 399
appropriations, provide a rate increase to a residential care home. Any 400
facility that would have been issued a lower rate for the fiscal year 401
ending June 30, 2013, due to interim rate status or agreement with the 402
Commissioner of Social Services shall be issued such lower rate. For the 403
fiscal years ending June 30, 2012, and June 30, 2013, the Commissioner 404
of Social Services may provide fair rent increases to any facility that has 405
undergone a material change in circumstances related to fair rent and 406
has an approved certificate of need pursuant to section 17b-352, 17b-353, 407
17b-354 or 17b-355. For the fiscal years ending June 30, 2014, and June 408
30, 2015, for those facilities that have a calculated rate greater than the 409
rate in effect for the fiscal year ending June 30, 2013, the commissioner 410
may increase facility rates based upon available appropriations up to a 411
stop gain as determined by the commissioner. No facility shall be issued 412
a rate that is lower than the rate in effect on June 30, 2013, except that 413
any facility that would have been issued a lower rate for the fiscal year 414
ending June 30, 2014, or the fiscal year ending June 30, 2015, due to 415
interim rate status or agreement with the commissioner, shall be issued 416
such lower rate. For the fiscal year ending June 30, 2014, and each fiscal 417
year thereafter, a residential care home shall receive a rate increase for 418
any capital improvement made during the fiscal year for the health and 419
safety of residents and approved by the Department of Social Services, 420
provided such rate increase is within available appropriations. For the 421
fiscal year ending June 30, 2015, and each succeeding fiscal year 422
thereafter, costs of less than ten thousand dollars that are incurred by a 423
facility and are associated with any land, building or nonmovable 424
equipment repair or improvement that are reported in the cost year used 425
to establish the facility's rate shall not be capitalized for a period of more 426
than five years for rate-setting purposes. For the fiscal year ending June 427
30, 2015, subject to available appropriations, the commissioner may, at 428
the commissioner's discretion: Increase the inflation cost limitation 429
under subsection (c) of section 17-311-52 of the regulations of 430
Connecticut state agencies, provided such inflation allowance factor 431 Raised Bill No. 5373
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does not exceed a maximum of five per cent; establish a minimum rate 432
of return applied to real property of five per cent inclusive of assets 433
placed in service during cost year 2013; waive the standard rate of return 434
under subsection (f) of section 17-311-52 of the regulations of 435
Connecticut state agencies for ownership changes or health and safety 436
improvements that exceed one hundred thousand dollars and that are 437
required under a consent order from the Department of Public Health; 438
and waive the rate of return adjustment under subsection (f) of section 439
17-311-52 of the regulations of Connecticut state agencies to avoid 440
financial hardship. For the fiscal years ending June 30, 2016, and June 441
30, 2017, rates shall not exceed those in effect for the period ending June 442
30, 2015, except the commissioner may, in the commissioner's discretion 443
and within available appropriations, provide pro rata fair rent increases 444
to facilities which have documented fair rent additions placed in service 445
in cost report years ending September 30, 2014, and September 30, 2015, 446
that are not otherwise included in rates issued. For the fiscal years 447
ending June 30, 2016, and June 30, 2017, and each succeeding fiscal year, 448
any facility that would have been issued a lower rate, due to interim rate 449
status, a change in allowable fair rent or agreement with the department, 450
shall be issued such lower rate. For the fiscal year ending June 30, 2018, 451
rates shall not exceed those in effect for the period ending June 30, 2017, 452
except the commissioner may, in the commissioner's discretion and 453
within available appropriations, provide pro rata fair rent increases to 454
facilities which have documented fair rent additions placed in service in 455
the cost report year ending September 30, 2016, that are not otherwise 456
included in rates issued. For the fiscal year ending June 30, 2019, rates 457
shall not exceed those in effect for the period ending June 30, 2018, 458
except the commissioner may, in the commissioner's discretion and 459
within available appropriations, provide pro rata fair rent increases to 460
facilities which have documented fair rent additions placed in service in 461
the cost report year ending September 30, 2017, that are not otherwise 462
included in rates issued. For the fiscal year ending June 30, 2020, rates 463
shall not exceed those in effect for the fiscal year ending June 30, 2019, 464
except the commissioner may, in the commissioner's discretion and 465
within available appropriations, provide pro rata fair rent increases to 466 Raised Bill No. 5373
LCO No. 2221 15 of 20
facilities which have documented fair rent additions placed in service in 467
the cost report year ending September 30, 2018, that are not otherwise 468
included in rates issued. For the fiscal year ending June 30, 2021, rates 469
shall not exceed those in effect for the fiscal year ending June 30, 2020, 470
except the commissioner may, in the commissioner's discretion and 471
within available appropriations, provide pro rata fair rent increases to 472
facilities which have documented fair rent additions placed in service in 473
the cost report year ending September 30, 2019, that are not otherwise 474
included in rates issued. For the fiscal year ending June 30, 2022, the 475
commissioner may, in the commissioner's discretion and within 476
available appropriations, provide pro rata fair rent increases to facilities 477
that have documented fair rent additions placed in service in the cost 478
report year ending September 30, 2020, that are not otherwise included 479
in rates issued. For the fiscal year ending June 30, 2023, the 480
commissioner may, in the commissioner's discretion and within 481
available appropriations, provide pro rata fair rent increases to facilities 482
which have documented fair rent additions placed in service in the cost 483
report year ending September 30, 2021, that are not otherwise included 484
in rates issued. For the fiscal years ending June 30, 2022, and June 30, 485
2023, a facility may receive a rate increase for a capital improvement 486
approved by the Department of Social Services, for the health or safety 487
of the residents during the fiscal year ending June 30, 2022, or June 30, 488
2023, only to the extent such rate increases are within available 489
appropriations. For the fiscal year ending June 30, 2022, and June 30, 490
2023, rates shall be based upon rates in effect for the fiscal year ending 491
June 30, 2021, inflated by the gross domestic product deflator applicable 492
to each rate year, except the commissioner may, in the commissioner's 493
discretion and within available appropriations, provide pro rata fair 494
rent increases to facilities which have documented fair rent additions 495
placed in service in the cost report years ending September 30, 2020, and 496
September 30, 2021, that are not otherwise included in rates issued. For 497
the fiscal years ending June 30, 2024, and June 30, 2025, a facility may 498
receive a rate increase for a capital improvement approved by the 499
Department of Social Services, for the health or safety of the residents 500
during the fiscal year ending June 30, 2024, or June 30, 2025, only to the 501 Raised Bill No. 5373
LCO No. 2221 16 of 20
extent such rate increases are within available appropriations. For the 502
fiscal year ending June 30, 2024, the department shall determine facility 503
rates based upon 2022 cost report filings subject to the provisions of this 504
section, adjusted to reflect any rate increases provided after the cost 505
report year ending September 30, 2022. There shall be no increase to 506
rates based on any inflationary factor for the fiscal year ending June 30, 507
2024. Notwithstanding any other provisions of this chapter, any 508
subsequent increase to allowable operating costs, excluding fair rent, 509
shall be inflated by the gross domestic product deflator when funding 510
is specifically appropriated for such purposes in the enacted budget. 511
The rate of inflation shall be computed by comparing the most recent 512
rate year to the average of the gross domestic product deflator for the 513
previous four fiscal quarters ending [April thirtieth] March thirty-first. 514
Any increase to rates based on inflation shall be applied prior to the 515
application of any other budget adjustment factors that may impact 516
such rates. The commissioner shall determine whether and to what 517
extent a change in ownership of a facility shall occasion the rebasing of 518
the facility's costs. There shall be no inflation adjustment during a year 519
in which a facility's rates are rebased. For the fiscal year ending June 30, 520
2024, the commissioner may, in the commissioner's discretion and 521
within available appropriations, provide pro rata fair rent increases to 522
facilities that have documented fair rent additions placed in service in 523
the cost report year ending September 30, 2022, that are not otherwise 524
included in rates issued. For the fiscal year ending June 30, 2025, the 525
commissioner may, in the commissioner's discretion and within 526
available appropriations, provide pro rata fair rent increases to facilities 527
that have documented fair rent additions placed in service in the cost 528
report year ending September 30, 2023, that are not otherwise included 529
in rates issued. 530
Sec. 4. Subdivision (11) of subsection (a) of section 17b-340d of the 531
2024 supplement to the general statutes is repealed and the following is 532
substituted in lieu thereof (Effective from passage): 533
(11) There shall be no increase to rates based on inflation or any 534
inflationary factor for the fiscal years ending June 30, 2022, and June 30, 535 Raised Bill No. 5373
LCO No. 2221 17 of 20
2023, unless otherwise authorized under subdivision (1) of this 536
subsection. Notwithstanding section 17-311-52 of the regulations of 537
Connecticut state agencies, for the fiscal years ending June 30, 2024, and 538
June 30, 2025, there shall be no inflationary increases to rates beyond 539
those already factored into the model for the transition to an acuity-540
based reimbursement system. Notwithstanding any other provisions of 541
this chapter, any subsequent increase to allowable operating costs, 542
excluding fair rent, shall be inflated by the gross domestic product 543
deflator when funding is specifically appropriated for such purposes in 544
the enacted budget. The rate of inflation shall be computed by 545
comparing the most recent rate year to the average of the gross domestic 546
product deflator for the previous four fiscal quarters ending [April 547
thirtieth] March thirty-first. Any increase to rates based on inflation 548
shall be applied prior to the application of any other budget adjustment 549
factors that may impact such rates. 550
Sec. 5. Subsection (b) of section 17b-238 of the general statutes is 551
repealed and the following is substituted in lieu thereof (Effective from 552
passage): 553
(b) Any institution or agency to which payments are to be made 554
under sections 17b-239 to 17b-246, inclusive, and sections 17b-340, as 555
amended by this act, and 17b-343 which is aggrieved by any decision of 556
said commissioner may, within ten days after written notice thereof 557
from the commissioner, obtain, by written request to the commissioner, 558
a rehearing on all items of aggrievement. On and after July 1, 1996, a 559
rehearing shall be held by the commissioner or his designee, provided a 560
detailed written description of all such items is filed within ninety days 561
of written notice of the commissioner's decision. The rehearing shall be 562
held within thirty days of the filing of the detailed written description 563
of each specific item of aggrievement. The commissioner shall issue a 564
final decision within sixty days of the close of evidence or the date on 565
which final briefs are filed, whichever occurs later. Any designee of the 566
commissioner who presides over such rehearing shall be impartial and 567
shall not be employed within the Department of Social Services office of 568
certificate of need and rate setting. Any such items not resolved at such 569 Raised Bill No. 5373
LCO No. 2221 18 of 20
rehearing to the satisfaction of either such institution or agency or said 570
commissioner [shall be submitted to binding arbitration to an 571
arbitration board consisting of one member appointed by the institution 572
or agency, one member appointed by the commissioner and one 573
member appointed by the Chief Court Administrator from among the 574
retired judges of the Superior Court, which retired judge shall be 575
compensated for his services on such board in the same manner as a 576
state referee is compensated for his services under section 52-434. The 577
proceedings of the arbitration board and any decisions rendered by such 578
board shall be conducted in accordance with the provisions of the Social 579
Security Act, 49 Stat. 620 (1935), 42 USC 1396, as amended from time to 580
time, and chapter 54] may be appealed in accordance with section 4-183. 581
Such appeals shall be privileged cases to be heard by the court as soon 582
after the return day as shall be practicable. 583
Sec. 6. Subsection (i) of section 17b-99a of the general statutes is 584
repealed and the following is substituted in lieu thereof (Effective from 585
passage): 586
(i) Any facility aggrieved by a final report issued pursuant to 587
subsection (h) of this section may request a rehearing. A rehearing shall 588
be held by the commissioner or the commissioner's designee, provided 589
a detailed written description of all items of aggrievement in the final 590
report is filed by the facility not later than ninety days following the date 591
of written notice of the commissioner's decision. The rehearing shall be 592
held not later than thirty days following the date of filing of the detailed 593
written description of each specific item of aggrievement. The 594
commissioner shall issue a final decision not later than sixty days 595
following the close of evidence or the date on which final briefs are filed, 596
whichever occurs later. Any items not resolved at such rehearing to the 597
satisfaction of the facility or the commissioner [shall be submitted to 598
binding arbitration by an arbitration board consisting of one member 599
appointed by the facility, one member appointed by the commissioner 600
and one member appointed by the Chief Court Administrator from 601
among the retired judges of the Superior Court, which retired judge 602
shall be compensated for his services on such board in the same manner 603 Raised Bill No. 5373
LCO No. 2221 19 of 20
as a state referee is compensated for his services under section 52-434. 604
The proceedings of the arbitration board and any decisions rendered by 605
such board shall be conducted in accordance with the provisions of the 606
Social Security Act, 42 USC 1396, as amended from time to time, and 607
chapter 54] may be appealed in accordance with section 4-183. Such 608
appeals shall be privileged cases to be heard by the court as soon after 609
the return day as shall be practicable. 610
Sec. 7. Subsection (c) of section 17a-784 of the general statutes is 611
repealed and the following is substituted in lieu thereof (Effective from 612
passage): 613
(c) The Commissioner of Aging and Disability Services shall develop 614
and maintain a program of public education and information. The 615
program shall include, but need not be limited to, education of the 616
public concerning services available from the Department of Aging and 617
Disability Services, its policies and goals, an outreach effort to discover 618
persons with disabilities, including such persons who are minorities as 619
defined in subsection (a) of section 32-9n, who may benefit from the 620
services it offers and the dissemination of printed materials to persons 621
at their initial meeting with staff of the department, including a 622
statement of such person's rights. [Each state agency providing services 623
to persons with disabilities shall furnish to each person applying for 624
such services, at the time of initial application, a written summary of all 625
state programs for persons with disabilities. Such summary shall be 626
developed by the Department of Social Services as the lead agency for 627
services to persons with disabilities pursuant to section 17b-606. The 628
Department of Social Services shall distribute sufficient copies of the 629
summary to all state agencies providing services to persons with 630
disabilities in order that such copies may be furnished in accordance 631
with this subsection.] 632
Sec. 8. Sections 17b-608 and 17b-609 of the general statutes are 633
repealed. (Effective from passage)634 Raised Bill No. 5373
LCO No. 2221 20 of 20
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 17b-606
Sec. 2 from passage 17b-340(h)(1)
Sec. 3 from passage 17b-340(i)
Sec. 4 from passage 17b-340d(a)(11)
Sec. 5 from passage 17b-238(b)
Sec. 6 from passage 17b-99a(i)
Sec. 7 from passage 17a-784(c)
Sec. 8 from passage Repealer section
Statement of Purpose:
To repeal obsolete statutory provisions, make technical statutory
changes and replace an arbitration process with the right to appeal to a
Superior Court.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]