Substitute House Bill No. 5373
Public Act No. 24-134
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 Section 17b-606 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
[(a) The Department of Social Services shall be the lead agency for
services to persons with physical or mental disabilities and shall
coordinate the delivery of such services by all state agencies servicing
persons with disabilities.
(b) Not later than September 30, 1988, the Commissioner of Social
Services shall appoint a Connecticut Council for Persons with
Disabilities to advise the Department of Social Services in carrying out
its duties pursuant to the provisions of subsection (a) of this section. The
council shall be composed of seventeen members, a majority of whom
shall be persons with disabilities. The council shall establish its own
rules and shall meet at least quarterly.
(c) There shall be established an interagency management committee
for services to persons with disabilities. The committee shall be
composed of the commissioners, or their designees, of each state agency
that provides services to persons with disabilities. The committee shall Substitute House Bill No. 5373
Public Act No. 24-134 2 of 23
monthly review and evaluate services to persons with disabilities and
shall develop a policy under which state agencies may enter into
contracts with other state agencies for the delivery of services to persons
with disabilities. The first meeting of the committee shall be convened
by the Commissioner of Social Services.
(d)] The Department of Social Services shall maintain on the
department's Internet web site information on services provided to
persons with disabilities. The department's Internet web site shall
include a link to the Internet web page maintained by the Department
of Aging and Disability Services pursuant to section 17a-838 containing
information about services for deaf, deafblind and hard of hearing
individuals.
Sec. 2. Subdivision (1) of subsection (h) of section 17b-340 of the 2024
supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective from passage):
(h) (1) For the fiscal year ending June 30, 1993, any intermediate care
facility for individuals with intellectual disabilities with an operating
cost component of its rate in excess of one hundred forty per cent of the
median of operating cost components of rates in effect January 1, 1992,
shall not receive an operating cost component increase. For the fiscal
year ending June 30, 1993, any intermediate care facility for individuals
with intellectual disabilities with an operating cost component of its rate
that is less than one hundred forty per cent of the median of operating
cost components of rates in effect January 1, 1992, shall have an
allowance for real wage growth equal to thirty per cent of the increase
determined in accordance with subsection (q) of section 17-311-52 of the
regulations of Connecticut state agencies, provided such operating cost
component shall not exceed one hundred forty per cent of the median
of operating cost components in effect January 1, 1992. Any facility with
real property other than land placed in service prior to October 1, 1991,
shall, for the fiscal year ending June 30, 1995, receive a rate of return on Substitute House Bill No. 5373
Public Act No. 24-134 3 of 23
real property equal to the average of the rates of return applied to real
property other than land placed in service for the five years preceding
October 1, 1993. For the fiscal year ending June 30, 1996, and any
succeeding fiscal year, the rate of return on real property for property
items shall be revised every five years. The commissioner shall, upon
submission of a request, allow actual debt service, comprised of
principal and interest, in excess of property costs allowed pursuant to
section 17-311-52 of the regulations of Connecticut state agencies,
provided such debt service terms and amounts are reasonable in
relation to the useful life and the base value of the property. For the fiscal
year ending June 30, 1995, and any succeeding fiscal year, the inflation
adjustment made in accordance with subsection (p) of section 17-311-52
of the regulations of Connecticut state agencies shall not be applied to
real property costs. For the fiscal year ending June 30, 1996, and any
succeeding fiscal year, the allowance for real wage growth, as
determined in accordance with subsection (q) of section 17-311-52 of the
regulations of Connecticut state agencies, shall not be applied. For the
fiscal year ending June 30, 1996, and any succeeding fiscal year, no rate
shall exceed three hundred seventy-five dollars per day unless the
commissioner, in consultation with the Commissioner of
Developmental Services, determines after a review of program and
management costs, that a rate in excess of this amount is necessary for
care and treatment of facility residents. For the fiscal year ending June
30, 2002, rate period, the Commissioner of Social Services shall increase
the inflation adjustment for rates made in accordance with subsection
(p) of section 17-311-52 of the regulations of Connecticut state agencies
to update allowable fiscal year 2000 costs to include a three and one-half
per cent inflation factor. For the fiscal year ending June 30, 2003, rate
period, the commissioner shall increase the inflation adjustment for
rates made in accordance with subsection (p) of section 17-311-52 of the
regulations of Connecticut state agencies to update allowable fiscal year
2001 costs to include a one and one-half per cent inflation factor, except
that such increase shall be effective November 1, 2002, and such facility Substitute House Bill No. 5373
Public Act No. 24-134 4 of 23
rate in effect for the fiscal year ending June 30, 2002, shall be paid for
services provided until October 31, 2002, except any facility that would
have been issued a lower rate effective July 1, 2002, than for the fiscal
year ending June 30, 2002, due to interim rate status or agreement with
the department shall be issued such lower rate effective July 1, 2002, and
have such rate updated effective November 1, 2002, in accordance with
applicable statutes and regulations. For the fiscal year ending June 30,
2004, rates in effect for the period ending June 30, 2003, shall remain in
effect, except any facility that would have been issued a lower rate
effective July 1, 2003, than for the fiscal year ending June 30, 2003, due
to interim rate status or agreement with the department shall be issued
such lower rate effective July 1, 2003. For the fiscal year ending June 30,
2005, rates in effect for the period ending June 30, 2004, shall remain in
effect until September 30, 2004. Effective October 1, 2004, each facility
shall receive a rate that is five per cent greater than the rate in effect
September 30, 2004. Effective upon receipt of all the necessary federal
approvals to secure federal financial participation matching funds
associated with the rate increase provided in subdivision (4) of
subsection (f) of this section, but in no event earlier than October 1, 2005,
and provided the user fee imposed under section 17b-320 is required to
be collected, each facility shall receive a rate that is four per cent more
than the rate the facility received in the prior fiscal year, except any
facility that would have been issued a lower rate effective October 1,
2005, than for the fiscal year ending June 30, 2005, due to interim rate
status or agreement with the department, shall be issued such lower rate
effective October 1, 2005. Such rate increase shall remain in effect unless:
(A) The federal financial participation matching funds associated with
the rate increase are no longer available; or (B) the user fee created
pursuant to section 17b-320 is not in effect. For the fiscal year ending
June 30, 2007, rates in effect for the period ending June 30, 2006, shall
remain in effect until September 30, 2006, except any facility that would
have been issued a lower rate effective July 1, 2006, than for the fiscal
year ending June 30, 2006, due to interim rate status or agreement with Substitute House Bill No. 5373
Public Act No. 24-134 5 of 23
the department, shall be issued such lower rate effective July 1, 2006.
Effective October 1, 2006, no facility shall receive a rate that is more than
three per cent greater than the rate in effect for the facility on September
30, 2006, except any facility that would have been issued a lower rate
effective October 1, 2006, due to interim rate status or agreement with
the department, shall be issued such lower rate effective October 1, 2006.
For the fiscal year ending June 30, 2008, each facility shall receive a rate
that is two and nine-tenths per cent greater than the rate in effect for the
period ending June 30, 2007, except any facility that would have been
issued a lower rate effective July 1, 2007, than for the rate period ending
June 30, 2007, due to interim rate status, or agreement with the
department, shall be issued such lower rate effective July 1, 2007. For the
fiscal year ending June 30, 2009, rates in effect for the period ending June
30, 2008, shall remain in effect until June 30, 2009, except any facility that
would have been issued a lower rate for the fiscal year ending June 30,
2009, due to interim rate status or agreement with the department, shall
be issued such lower rate. For the fiscal years ending June 30, 2010, and
June 30, 2011, rates in effect for the period ending June 30, 2009, shall
remain in effect until June 30, 2011, except any facility that would have
been issued a lower rate for the fiscal year ending June 30, 2010, or the
fiscal year ending June 30, 2011, due to interim rate status or agreement
with the department, shall be issued such lower rate. For the fiscal year
ending June 30, 2012, rates in effect for the period ending June 30, 2011,
shall remain in effect until June 30, 2012, except any facility that would
have been issued a lower rate for the fiscal year ending June 30, 2012,
due to interim rate status or agreement with the department, shall be
issued such lower rate. For the fiscal years ending June 30, 2014, and
June 30, 2015, rates shall not exceed those in effect for the period ending
June 30, 2013, except the rate paid to a facility may be higher than the
rate paid to the facility for the period ending June 30, 2013, if a capital
improvement approved by the Department of Developmental Services,
in consultation with the Department of Social Services, for the health or
safety of the residents was made to the facility during the fiscal year Substitute House Bill No. 5373
Public Act No. 24-134 6 of 23
ending June 30, 2014, or June 30, 2015, to the extent such rate increases
are within available appropriations. Any facility that would have been
issued a lower rate for the fiscal year ending June 30, 2014, or the fiscal
year ending June 30, 2015, due to interim rate status or agreement with
the department, shall be issued such lower rate. For the fiscal years
ending June 30, 2016, and June 30, 2017, rates shall not exceed those in
effect for the period ending June 30, 2015, except the rate paid to a
facility may be higher than the rate paid to the facility for the period
ending June 30, 2015, if a capital improvement approved by the
Department of Developmental Services, in consultation with the
Department of Social Services, for the health or safety of the residents
was made to the facility during the fiscal year ending June 30, 2016, or
June 30, 2017, to the extent such rate increases are within available
appropriations. For the fiscal years ending June 30, 2016, and June 30,
2017, and each succeeding fiscal year, any facility that would have been
issued a lower rate, due to interim rate status, a change in allowable fair
rent or agreement with the department, shall be issued such lower rate.
For the fiscal years ending June 30, 2018, and June 30, 2019, rates shall
not exceed those in effect for the period ending June 30, 2017, except the
rate paid to a facility may be higher than the rate paid to the facility for
the period ending June 30, 2017, if a capital improvement approved by
the Department of Developmental Services, in consultation with the
Department of Social Services, for the health or safety of the residents
was made to the facility during the fiscal year ending June 30, 2018, or
June 30, 2019, only to the extent such rate increases are within available
appropriations. For the fiscal years ending June 30, 2020, and June 30,
2021, rates shall not exceed those in effect for the fiscal year ending June
30, 2019, except the rate paid to a facility may be higher than the rate
paid to the facility for the fiscal year ending June 30, 2019, if a capital
improvement approved by the Department of Developmental Services,
in consultation with the Department of Social Services, for the health or
safety of the residents was made to the facility during the fiscal year
ending June 30, 2020, or June 30, 2021, only to the extent such rate Substitute House Bill No. 5373
Public Act No. 24-134 7 of 23
increases are within available appropriations. For the fiscal year ending
June 30, 2022, rates shall not exceed those in effect for the fiscal year
ending June 30, 2021, except the commissioner may, in the
commissioner's discretion and within available appropriations, provide
pro rata fair rent increases to facilities that have documented fair rent
additions placed in service in the cost report year ending September 30,
2020, that are not otherwise included in rates issued. For the fiscal year
ending June 30, 2023, rates shall not exceed those in effect for the fiscal
year ending June 30, 2022, except the commissioner may, in the
commissioner's discretion and within available appropriations, provide
pro rata fair rent increases to facilities which have documented fair rent
additions placed in service in the cost report year ending September 30,
2021, that are not otherwise included in rates issued. For the fiscal years
ending June 30, 2022, and June 30, 2023, a facility may receive a rate
increase for a capital improvement approved by the Department of
Developmental Services, in consultation with the Department of Social
Services, for the health or safety of the residents during the fiscal year
ending June 30, 2022, or June 30, 2023, only to the extent such rate
increases are within available appropriations. There shall be no increase
to rates based on inflation or any inflationary factor for the fiscal years
ending June 30, 2022, and June 30, 2023. Notwithstanding any other
provisions of this chapter, any subsequent increase to allowable
operating costs, excluding fair rent, shall be inflated by the gross
domestic product deflator when funding is specifically appropriated for
such purposes in the enacted budget. The rate of inflation shall be
computed by comparing the most recent rate year to the average of the
gross domestic product deflator for the previous four fiscal quarters
ending [April thirtieth] March thirty-first. Any increase to rates based
on inflation shall be applied prior to the application of any other budget
adjustment factors that may impact such rates. For the fiscal year ending
June 30, 2024, the department shall determine facility rates based upon
2022 cost report filings subject to the provisions of this section, adjusted
to reflect any rate increases provided after the cost report year ending Substitute House Bill No. 5373
Public Act No. 24-134 8 of 23
June 30, 2022, and with the addition of a two per cent adjustment factor.
No facility shall receive a rate less than the rate in effect for the fiscal
year ending June 30, 2023. For the fiscal year ending June 30, 2024, the
minimum per diem, per bed rate shall remain at five hundred one
dollars for a residential facility licensed pursuant to section 17a-227 and
certified to participate in the Title XIX Medicaid program as an
intermediate care facility for individuals with intellectual disability.
There shall be no increase to rates based on any inflationary factor for
the fiscal year ending June 30, 2024. For the fiscal year ending June 30,
2024, and each subsequent fiscal year, the commissioner may, in the
commissioner's discretion and within available appropriations, provide
pro rata fair rent increases to facilities that have documented fair rent
additions placed in service in the cost report years that are not otherwise
included in rates issued. For the fiscal year ending June 30, 2025, the
department shall determine facility rates based upon 2023 cost report
filings subject to the provisions of this section, adjusted to reflect any
rate increases provided after the cost report ending June 30, 2023. A
facility may receive a rate that is less than the rate in effect for the fiscal
year ending June 30, 2024, but shall not receive a rate less than the
minimum per diem, per bed rate. For the fiscal year ending June 30,
2025, the minimum per diem, per bed rate shall remain at five hundred
one dollars for a residential facility licensed pursuant to section 17a-227
and certified to participate in the Title XIX Medicaid program as an
intermediate care facility for individuals with intellectual disability.
There shall be no increase to rates based on any inflationary factor for
the fiscal year ending June 30, 2025. For the fiscal year ending June 30,
2026, the department shall determine facility rates based upon 2024 cost
report filings subject to the provisions of this section, adjusted to reflect
any rate increases provided after the cost report ending June 30, 2024.
For the fiscal year ending June 30, 2026, there shall be no minimum per
diem, per bed rate for a residential facility licensed pursuant to section
17a-227 and certified to participate in the Title XIX Medicaid program
as an intermediate care facility for individuals with intellectual Substitute House Bill No. 5373
Public Act No. 24-134 9 of 23
disability. There shall be no increase to rates based on any inflationary
factor for the fiscal year ending June 30, 2026. For the fiscal years ending
June 30, 2024, and June 30, 2025, a facility may receive a rate increase for
a capital improvement approved by the Department of Developmental
Services, in consultation with the Department of Social Services, for the
health or safety of the residents during the fiscal year ending June 30,
2024, or June 30, 2025, only to the extent such rate increases are within
available appropriations. Any facility that has a significant decrease in
land and building costs shall receive a reduced rate to reflect such
decrease in land and building costs. For the fiscal years ending June 30,
2012, June 30, 2013, June 30, 2014, June 30, 2015, June 30, 2016, June 30,
2017, June 30, 2018, June 30, 2019, June 30, 2020, June 30, 2021, June 30,
2022, June 30, 2023, June 30, 2024, and June 30, 2025, the Commissioner
of Social Services may provide fair rent increases to any facility that has
undergone a material change in circumstances related to fair rent and
has an approved certificate of need pursuant to section 17b-352, 17b-353,
17b-354 or 17b-355. Notwithstanding the provisions of this section, the
Commissioner of Social Services may, within available appropriations,
increase or decrease rates issued to intermediate care facilities for
individuals with intellectual disabilities to reflect a reduction in
available appropriations as provided in subsection (a) of this section.
For the fiscal years ending June 30, 2014, and June 30, 2015, the
commissioner shall not consider rebasing in determining rates.
Notwithstanding the provisions of this subsection, effective July 1, 2021,
and July 1, 2022, the commissioner shall, within available
appropriations, increase rates for the purpose of wage and benefit
enhancements for employees of intermediate care facilities. Facilities
that receive a rate adjustment for the purpose of wage and benefit
enhancements but do not provide increases in employee salaries as
described in this subsection on or before July 31, 2021, and July 31, 2022,
respectively, may be subject to a rate decrease in the same amount as the
adjustment by the commissioner. Substitute House Bill No. 5373
Public Act No. 24-134 10 of 23
Sec. 3. Subsection (i) of section 17b-340 of the 2024 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(i) For the fiscal year ending June 30, 1993, any residential care home
with an operating cost component of its rate in excess of one hundred
thirty per cent of the median of operating cost components of rates in
effect January 1, 1992, shall not receive an operating cost component
increase. For the fiscal year ending June 30, 1993, any residential care
home with an operating cost component of its rate that is less than one
hundred thirty per cent of the median of operating cost components of
rates in effect January 1, 1992, shall have an allowance for real wage
growth equal to sixty-five per cent of the increase determined in
accordance with subsection (q) of section 17-311-52 of the regulations of
Connecticut state agencies, provided such operating cost component
shall not exceed one hundred thirty per cent of the median of operating
cost components in effect January 1, 1992. Beginning with the fiscal year
ending June 30, 1993, for the purpose of determining allowable fair rent,
a residential care home with allowable fair rent less than the twenty-
fifth percentile of the state-wide allowable fair rent shall be reimbursed
as having allowable fair rent equal to the twenty-fifth percentile of the
state-wide allowable fair rent. Beginning with the fiscal year ending
June 30, 1997, a residential care home with allowable fair rent less than
three dollars and ten cents per day shall be reimbursed as having
allowable fair rent equal to three dollars and ten cents per day. Property
additions placed in service during the cost year ending September 30,
1996, or any succeeding cost year shall receive a fair rent allowance for
such additions as an addition to three dollars and ten cents per day if
the fair rent for the facility for property placed in service prior to
September 30, 1995, is less than or equal to three dollars and ten cents
per day. Beginning with the fiscal year ending June 30, 2016, a
residential care home shall be reimbursed the greater of the allowable
accumulated fair rent reimbursement associated with real property Substitute House Bill No. 5373
Public Act No. 24-134 11 of 23
additions and land as calculated on a per day basis or three dollars and
ten cents per day if the allowable reimbursement associated with real
property additions and land is less than three dollars and ten cents per
day. For the fiscal year ending June 30, 1996, and any succeeding fiscal
year, the allowance for real wage growth, as determined in accordance
with subsection (q) of section 17-311-52 of the regulations of Connecticut
state agencies, shall not be applied. For the fiscal year ending June 30,
1996, and any succeeding fiscal year, the inflation adjustment made in
accordance with subsection (p) of section 17-311-52 of the regulations of
Connecticut state agencies shall not be applied to real property costs.
Beginning with the fiscal year ending June 30, 1997, minimum allowable
patient days for rate computation purposes for a residential care home
with twenty-five beds or less shall be eighty-five per cent of licensed
capacity. Beginning with the fiscal year ending June 30, 2002, for the
purposes of determining the allowable salary of an administrator of a
residential care home with sixty beds or less the department shall revise
the allowable base salary to thirty-seven thousand dollars to be annually
inflated thereafter in accordance with section 17-311-52 of the
regulations of Connecticut state agencies. The rates for the fiscal year
ending June 30, 2002, shall be based upon the increased allowable salary
of an administrator, regardless of whether such amount was expended
in the 2000 cost report period upon which the rates are based. Beginning
with the fiscal year ending June 30, 2000, and until the fiscal year ending
June 30, 2009, inclusive, the inflation adjustment for rates made in
accordance with subsection (p) of section 17-311-52 of the regulations of
Connecticut state agencies shall be increased by two per cent, and
beginning with the fiscal year ending June 30, 2002, the inflation
adjustment for rates made in accordance with subsection (c) of said
section shall be increased by one per cent. Beginning with the fiscal year
ending June 30, 1999, for the purpose of determining the allowable
salary of a related party, the department shall revise the maximum
salary to twenty-seven thousand eight hundred fifty-six dollars to be
annually inflated thereafter in accordance with section 17-311-52 of the Substitute House Bill No. 5373
Public Act No. 24-134 12 of 23
regulations of Connecticut state agencies and beginning with the fiscal
year ending June 30, 2001, such allowable salary shall be computed on
an hourly basis and the maximum number of hours allowed for a related
party other than the proprietor shall be increased from forty hours to
forty-eight hours per work week. For the fiscal year ending June 30,
2005, each facility shall receive a rate that is two and one-quarter per
cent more than the rate the facility received in the prior fiscal year,
except any facility that would have been issued a lower rate effective
July 1, 2004, than for the fiscal year ending June 30, 2004, due to interim
rate status or agreement with the department shall be issued such lower
rate effective July 1, 2004. Effective upon receipt of all the necessary
federal approvals to secure federal financial participation matching
funds associated with the rate increase provided in subdivision (4) of
subsection (f) of this section, but in no event earlier than October 1, 2005,
and provided the user fee imposed under section 17b-320 is required to
be collected, each facility shall receive a rate that is determined in
accordance with applicable law and subject to appropriations, except
any facility that would have been issued a lower rate effective October
1, 2005, than for the fiscal year ending June 30, 2005, due to interim rate
status or agreement with the department, shall be issued such lower rate
effective October 1, 2005. Such rate increase shall remain in effect unless:
(1) The federal financial participation matching funds associated with
the rate increase are no longer available; or (2) the user fee created
pursuant to section 17b-320 is not in effect. For the fiscal year ending
June 30, 2007, rates in effect for the period ending June 30, 2006, shall
remain in effect until September 30, 2006, except any facility that would
have been issued a lower rate effective July 1, 2006, than for the fiscal
year ending June 30, 2006, due to interim rate status or agreement with
the department, shall be issued such lower rate effective July 1, 2006.
Effective October 1, 2006, no facility shall receive a rate that is more than
four per cent greater than the rate in effect for the facility on September
30, 2006, except for any facility that would have been issued a lower rate
effective October 1, 2006, due to interim rate status or agreement with Substitute House Bill No. 5373
Public Act No. 24-134 13 of 23
the department, shall be issued such lower rate effective October 1, 2006.
For the fiscal years ending June 30, 2010, and June 30, 2011, rates in effect
for the period ending June 30, 2009, shall remain in effect until June 30,
2011, except any facility that would have been issued a lower rate for
the fiscal year ending June 30, 2010, or the fiscal year ending June 30,
2011, due to interim rate status or agreement with the department, shall
be issued such lower rate, except (A) any facility that would have been
issued a lower rate for the fiscal year ending June 30, 2010, or the fiscal
year ending June 30, 2011, due to interim rate status or agreement with
the Commissioner of Social Services shall be issued such lower rate; and
(B) the commissioner may increase a facility's rate for reasonable costs
associated with such facility's compliance with the provisions of section
19a-495a concerning the administration of medication by unlicensed
personnel. For the fiscal year ending June 30, 2012, rates in effect for the
period ending June 30, 2011, shall remain in effect until June 30, 2012,
except that (i) any facility that would have been issued a lower rate for
the fiscal year ending June 30, 2012, due to interim rate status or
agreement with the Commissioner of Social Services shall be issued
such lower rate; and (ii) the commissioner may increase a facility's rate
for reasonable costs associated with such facility's compliance with the
provisions of section 19a-495a concerning the administration of
medication by unlicensed personnel. For the fiscal year ending June 30,
2013, the Commissioner of Social Services may, within available
appropriations, provide a rate increase to a residential care home. Any
facility that would have been issued a lower rate for the fiscal year
ending June 30, 2013, due to interim rate status or agreement with the
Commissioner of Social Services shall be issued such lower rate. For the
fiscal years ending June 30, 2012, and June 30, 2013, the Commissioner
of Social Services may provide fair rent increases to any facility that has
undergone a material change in circumstances related to fair rent and
has an approved certificate of need pursuant to section 17b-352, 17b-353,
17b-354 or 17b-355. For the fiscal years ending June 30, 2014, and June
30, 2015, for those facilities that have a calculated rate greater than the Substitute House Bill No. 5373
Public Act No. 24-134 14 of 23
rate in effect for the fiscal year ending June 30, 2013, the commissioner
may increase facility rates based upon available appropriations up to a
stop gain as determined by the commissioner. No facility shall be issued
a rate that is lower than the rate in effect on June 30, 2013, except that
any facility that would have been issued a lower rate for the fiscal year
ending June 30, 2014, or the fiscal year ending June 30, 2015, due to
interim rate status or agreement with the commissioner, shall be issued
such lower rate. For the fiscal year ending June 30, 2014, and each fiscal
year thereafter, a residential care home shall receive a rate increase for
any capital improvement made during the fiscal year for the health and
safety of residents and approved by the Department of Social Services,
provided such rate increase is within available appropriations. For the
fiscal year ending June 30, 2015, and each succeeding fiscal year
thereafter, costs of less than ten thousand dollars that are incurred by a
facility and are associated with any land, building or nonmovable
equipment repair or improvement that are reported in the cost year used
to establish the facility's rate shall not be capitalized for a period of more
than five years for rate-setting purposes. For the fiscal year ending June
30, 2015, subject to available appropriations, the commissioner may, at
the commissioner's discretion: Increase the inflation cost limitation
under subsection (c) of section 17-311-52 of the regulations of
Connecticut state agencies, provided such inflation allowance factor
does not exceed a maximum of five per cent; establish a minimum rate
of return applied to real property of five per cent inclusive of assets
placed in service during cost year 2013; waive the standard rate of return
under subsection (f) of section 17-311-52 of the regulations of
Connecticut state agencies for ownership changes or health and safety
improvements that exceed one hundred thousand dollars and that are
required under a consent order from the Department of Public Health;
and waive the rate of return adjustment under subsection (f) of section
17-311-52 of the regulations of Connecticut state agencies to avoid
financial hardship. For the fiscal years ending June 30, 2016, and June
30, 2017, rates shall not exceed those in effect for the period ending June Substitute House Bill No. 5373
Public Act No. 24-134 15 of 23
30, 2015, except the commissioner may, in the commissioner's discretion
and within available appropriations, provide pro rata fair rent increases
to facilities which have documented fair rent additions placed in service
in cost report years ending September 30, 2014, and September 30, 2015,
that are not otherwise included in rates issued. For the fiscal years
ending June 30, 2016, and June 30, 2017, and each succeeding fiscal year,
any facility that would have been issued a lower rate, due to interim rate
status, a change in allowable fair rent or agreement with the department,
shall be issued such lower rate. For the fiscal year ending June 30, 2018,
rates shall not exceed those in effect for the period ending June 30, 2017,
except the commissioner may, in the commissioner's discretion and
within available appropriations, provide pro rata fair rent increases to
facilities which have documented fair rent additions placed in service in
the cost report year ending September 30, 2016, that are not otherwise
included in rates issued. For the fiscal year ending June 30, 2019, rates
shall not exceed those in effect for the period ending June 30, 2018,
except the commissioner may, in the commissioner's discretion and
within available appropriations, provide pro rata fair rent increases to
facilities which have documented fair rent additions placed in service in
the cost report year ending September 30, 2017, that are not otherwise
included in rates issued. For the fiscal year ending June 30, 2020, rates
shall not exceed those in effect for the fiscal year ending June 30, 2019,
except the commissioner may, in the commissioner's discretion and
within available appropriations, provide pro rata fair rent increases to
facilities which have documented fair rent additions placed in service in
the cost report year ending September 30, 2018, that are not otherwise
included in rates issued. For the fiscal year ending June 30, 2021, rates
shall not exceed those in effect for the fiscal year ending June 30, 2020,
except the commissioner may, in the commissioner's discretion and
within available appropriations, provide pro rata fair rent increases to
facilities which have documented fair rent additions placed in service in
the cost report year ending September 30, 2019, that are not otherwise
included in rates issued. For the fiscal year ending June 30, 2022, the Substitute House Bill No. 5373
Public Act No. 24-134 16 of 23
commissioner may, in the commissioner's discretion and within
available appropriations, provide pro rata fair rent increases to facilities
that have documented fair rent additions placed in service in the cost
report year ending September 30, 2020, that are not otherwise included
in rates issued. For the fiscal year ending June 30, 2023, the
commissioner may, in the commissioner's discretion and within
available appropriations, provide pro rata fair rent increases to facilities
which have documented fair rent additions placed in service in the cost
report year ending September 30, 2021, that are not otherwise included
in rates issued. For the fiscal years ending June 30, 2022, and June 30,
2023, a facility may receive a rate increase for a capital improvement
approved by the Department of Social Services, for the health or safety
of the residents during the fiscal year ending June 30, 2022, or June 30,
2023, only to the extent such rate increases are within available
appropriations. For the fiscal year ending June 30, 2022, and June 30,
2023, rates shall be based upon rates in effect for the fiscal year ending
June 30, 2021, inflated by the gross domestic product deflator applicable
to each rate year, except the commissioner may, in the commissioner's
discretion and within available appropriations, provide pro rata fair
rent increases to facilities which have documented fair rent additions
placed in service in the cost report years ending September 30, 2020, and
September 30, 2021, that are not otherwise included in rates issued. For
the fiscal years ending June 30, 2024, and June 30, 2025, a facility may
receive a rate increase for a capital improvement approved by the
Department of Social Services, for the health or safety of the residents
during the fiscal year ending June 30, 2024, or June 30, 2025, only to the
extent such rate increases are within available appropriations. For the
fiscal year ending June 30, 2024, the department shall determine facility
rates based upon 2022 cost report filings subject to the provisions of this
section, adjusted to reflect any rate increases provided after the cost
report year ending September 30, 2022. There shall be no increase to
rates based on any inflationary factor for the fiscal year ending June 30,
2024. Notwithstanding any other provisions of this chapter, any Substitute House Bill No. 5373
Public Act No. 24-134 17 of 23
subsequent increase to allowable operating costs, excluding fair rent,
shall be inflated by the gross domestic product deflator when funding
is specifically appropriated for such purposes in the enacted budget.
The rate of inflation shall be computed by comparing the most recent
rate year to the average of the gross domestic product deflator for the
previous four fiscal quarters ending [April thirtieth] March thirty-first.
Any increase to rates based on inflation shall be applied prior to the
application of any other budget adjustment factors that may impact
such rates. The commissioner shall determine whether and to what
extent a change in ownership of a facility shall occasion the rebasing of
the facility's costs. There shall be no inflation adjustment during a year
in which a facility's rates are rebased. For the fiscal year ending June 30,
2024, the commissioner may, in the commissioner's discretion and
within available appropriations, provide pro rata fair rent increases to
facilities that have documented fair rent additions placed in service in
the cost report year ending September 30, 2022, that are not otherwise
included in rates issued. For the fiscal year ending June 30, 2025, the
commissioner may, in the commissioner's discretion and within
available appropriations, provide pro rata fair rent increases to facilities
that have documented fair rent additions placed in service in the cost
report year ending September 30, 2023, that are not otherwise included
in rates issued.
Sec. 4. Subdivision (11) of subsection (a) of section 17b-340d of the
2024 supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective from passage):
(11) There shall be no increase to rates based on inflation or any
inflationary factor for the fiscal years ending June 30, 2022, and June 30,
2023, unless otherwise authorized under subdivision (1) of this
subsection. Notwithstanding section 17-311-52 of the regulations of
Connecticut state agencies, for the fiscal years ending June 30, 2024, and
June 30, 2025, there shall be no inflationary increases to rates beyond Substitute House Bill No. 5373
Public Act No. 24-134 18 of 23
those already factored into the model for the transition to an acuity-
based reimbursement system. Notwithstanding any other provisions of
this chapter, any subsequent increase to allowable operating costs,
excluding fair rent, shall be inflated by the gross domestic product
deflator when funding is specifically appropriated for such purposes in
the enacted budget. The rate of inflation shall be computed by
comparing the most recent rate year to the average of the gross domestic
product deflator for the previous four fiscal quarters ending [April
thirtieth] March thirty-first. Any increase to rates based on inflation
shall be applied prior to the application of any other budget adjustment
factors that may impact such rates.
Sec. 5. Subsection (c) of section 17a-784 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(c) The Commissioner of Aging and Disability Services shall develop
and maintain a program of public education and information. The
program shall include, but need not be limited to, education of the
public concerning services available from the Department of Aging and
Disability Services, its policies and goals, an outreach effort to discover
persons with disabilities, including such persons who are minorities as
defined in subsection (a) of section 32-9n, who may benefit from the
services it offers and the dissemination of printed materials to persons
at their initial meeting with staff of the department, including a
statement of such person's rights. [Each state agency providing services
to persons with disabilities shall furnish to each person applying for
such services, at the time of initial application, a written summary of all
state programs for persons with disabilities. Such summary shall be
developed by the Department of Social Services as the lead agency for
services to persons with disabilities pursuant to section 17b-606. The
Department of Social Services shall distribute sufficient copies of the
summary to all state agencies providing services to persons with Substitute House Bill No. 5373
Public Act No. 24-134 19 of 23
disabilities in order that such copies may be furnished in accordance
with this subsection.]
Sec. 6. Section 4-67bb of the 2024 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective from
passage):
Not later than October 1, 2023, the Secretary of the Office of Policy
and Management shall establish two new staff positions, (1) one of
whom shall serve as state-wide coordinator of programs and services
provided by state agencies for individuals with autism spectrum
disorder, and (2) one of whom shall (A) identify programs and services
provided by state agencies for individuals who have an intellectual or
developmental disability other than autism spectrum disorder; and (B)
help commissioners of such agencies to coordinate such programs and
services. The secretary shall establish an interagency coalition, which
shall include, but need not be limited to, representatives from the
Department of Developmental Services, in its capacity as the lead
agency for persons with an intellectual or developmental disability
pursuant to section 17a-210, and the Department of Social Services, in
its capacity as the lead agency for persons with autism spectrum
disorder pursuant to section 17a-215c. The coalition shall meet not less
than quarterly and work on strategies to reduce silos in the provision of
state agency services for such persons. Not later than July 1, 2025, the
secretary shall submit a report, in accordance with the provisions of
section 11-4a, on the progress of the interagency coalition in reducing
silos of services with the joint standing committees of the General
Assembly having cognizance of matters relating to human services and
public health.
Sec. 7. Section 17a-238b of the 2024 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective from
passage): Substitute House Bill No. 5373
Public Act No. 24-134 20 of 23
(a) The Commissioner of Developmental Services, in consultation
with the Commissioner of Social Services and the Secretary of the Office
of Policy and Management, shall reduce waiting lists for services in
Medicaid waiver programs established under Section 1915(c) of the
Social Security Act and administered by the Department of
Developmental Services. Not later than January 1, 2024, and annually
thereafter, the Commissioner of Developmental Services, in
consultation with the Office of Policy and Management staff person
employed pursuant to section 4-67bb to help agencies coordinate
programs and services for individuals who have an intellectual or
developmental disability other than autism spectrum disorder, shall file
a report, in accordance with the provisions of section 11-4a, [and in
consultation with the Commissioner of Developmental Services, on]
with the joint standing committees of the General Assembly having
cognizance of matters relating to appropriations, human services and
public health. The report shall include, but need not be limited to, data
from the prior fiscal year regarding information on persons currently
receiving services through the Medicaid waiver programs administered
by the Department of Developmental Services. Such information shall
include aggregated, deidentified data regarding the following:
(1) [the] The number and age ranges of persons [waiting for services
in the waiver programs and the number of underserved persons waiting
for additional services in the waiver programs,] who are not receiving
services through the department's Medicaid waiver programs and are
included on the department's wait list for residential services;
(2) [the number of persons added to and subtracted from such
waiting lists for the previous calendar year, and (3) whether] The
number and age ranges of persons who are currently receiving
Medicaid waiver program services through the department, but are
waiting for residential services and are included on the department's
wait list for residential support services, including the type of services Substitute House Bill No. 5373
Public Act No. 24-134 21 of 23
being provided;
(3) Whether such waiting lists have increased or decreased over the
previous [calendar] fiscal year and, if so, by how [may] many persons;
[with the joint standing committees of the General Assembly having
cognizance of matters relating to appropriations and the budgets of state
agencies, human services and public health.]
(4) The number of persons who have an intellectual or developmental
disability other than autism spectrum disorder who are waiting for
access to employment opportunities or day services;
(5) The number and age ranges of the primary caregiver for persons
with an intellectual or developmental disability other than autism
spectrum disorder who are living in their family home;
(6) Recommendations and initiatives the department is developing to
reduce the waiting list over the next fiscal year;
(7) The number and age ranges of individuals currently being served
through the Medicaid waiver programs;
(8) The number and age ranges of individuals currently receiving
residential services through the Medicaid waiver programs; and
(9) The number and age ranges of persons added to and subtracted
from waiting lists over the previous fiscal year.
(b) The commissioner shall post the report on the department's
Internet web site.
Sec. 8. Section 17a-215g of the 2024 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) The Commissioner of Social Services, in consultation with the Substitute House Bill No. 5373
Public Act No. 24-134 22 of 23
Secretary of the Office of Policy and Management and within available
appropriations, shall expand the Medicaid waiver program for persons
with autism spectrum disorder to reduce the number of persons on a
waiting list to receive services under the program.
(b) Not later than January 1, 2024, and annually thereafter, the
Commissioner of Social Services, in consultation with the Office of
Policy and Management's state-wide coordinator of programs and
services provided by state agencies for individuals with autism
spectrum disorder, appointed pursuant to section 4-67bb, shall file a
report, in accordance with the provisions of section 11-4a, [and in
consultation with the Commissioner of Social Services, on (1) the
number of persons waiting for services in the program, (2) the number
of underserved persons in the program waiting for additional services,
(3) the number of persons added and subtracted from the waiting list in
the previous calendar year, (4) whether such waiting list has increased
or decreased over the previous calendar year and, if so, by how may
persons, and (5) recommendations to further reduce the waiting list and
associated costs] with the joint standing committees of the General
Assembly having cognizance of matters relating to appropriations and
the budgets of state agencies and human services and the Autism
Spectrum Disorder Advisory Council, established pursuant to section
17a-215j.
(c) The report shall include, but need not be limited to, aggregated,
deidentified data from the prior fiscal year regarding:
(1) The number and age ranges of persons waiting for services in the
Medicaid waiver program and the number and ages of persons
currently being served by the waiver program;
(2) The number and age ranges of persons waiting for residential care
and the number and ages of persons receiving residential care through
the Medicaid waiver program; Substitute House Bill No. 5373
Public Act No. 24-134 23 of 23
(3) The number and age ranges of underserved persons currently
receiving services in the Medicaid waiver program but who are waiting
for additional services in the Medicaid waiver program and a brief
description of the services for which such persons are waiting;
(4) The number and age ranges of persons added to and subtracted
from the waiting list for the previous calendar year;
(5) Whether the waiting list has increased or decreased over the
previous calendar year and, if so, by how many persons;
(6) Measurable data, if such data is available to the department,
including outcome data, for persons who are eligible to receive services
pursuant to the Medicaid waiver program for persons with autism
spectrum disorder, including, but not limited to: (A) The number of such
persons who are enrolled in postsecondary education, (B) the
employment status of such persons, and (C) a description of such
persons' living arrangements, including, if applicable, the ages of such
persons' guardians with whom they reside; and
(7) Recommendations to further reduce the waiting list and
associated costs.
(d) The commissioner shall post the report on the department's
Internet web site.
Sec. 9. Section 17a-215e of the 2024 supplement to the general statutes
is repealed. (Effective from passage)
Sec. 10. Sections 17b-608 and 17b-609 of the general statutes are
repealed. (Effective from passage)