CT
Connecticut House Bill HB05373

Connecticut 2024 Regular Session

Connecticut House Bill HB05373 Compare Versions

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7+General Assembly Substitute Bill No. 5373
8+February Session, 2024
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6-Public Act No. 24-134
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9-AN ACT CONCERNING VARIOUS REVISIONS TO HUMAN
10-SERVICES STATUTES.
14+AN ACT CONCERNING VARIOUS REVISIONS TO HUMAN SERVICES
15+STATUTES.
1116 Be it enacted by the Senate and House of Representatives in General
1217 Assembly convened:
1318
14-Section 1. Section 17b-606 of the general statutes is repealed and the
15-following is substituted in lieu thereof (Effective from passage):
16-[(a) The Department of Social Services shall be the lead agency for
17-services to persons with physical or mental disabilities and shall
18-coordinate the delivery of such services by all state agencies servicing
19-persons with disabilities.
20-(b) Not later than September 30, 1988, the Commissioner of Social
21-Services shall appoint a Connecticut Council for Persons with
22-Disabilities to advise the Department of Social Services in carrying out
23-its duties pursuant to the provisions of subsection (a) of this section. The
24-council shall be composed of seventeen members, a majority of whom
25-shall be persons with disabilities. The council shall establish its own
26-rules and shall meet at least quarterly.
27-(c) There shall be established an interagency management committee
28-for services to persons with disabilities. The committee shall be
29-composed of the commissioners, or their designees, of each state agency
30-that provides services to persons with disabilities. The committee shall Substitute House Bill No. 5373
19+Section 1. Section 17b-606 of the general statutes is repealed and the 1
20+following is substituted in lieu thereof (Effective from passage): 2
21+[(a) The Department of Social Services shall be the lead agency for 3
22+services to persons with physical or mental disabilities and shall 4
23+coordinate the delivery of such services by all state agencies servicing 5
24+persons with disabilities. 6
25+(b) Not later than September 30, 1988, the Commissioner of Social 7
26+Services shall appoint a Connecticut Council for Persons with 8
27+Disabilities to advise the Department of Social Services in carrying out 9
28+its duties pursuant to the provisions of subsection (a) of this section. The 10
29+council shall be composed of seventeen members, a majority of whom 11
30+shall be persons with disabilities. The council shall establish its own 12
31+rules and shall meet at least quarterly.] 13
32+[(c)] (a) There shall be established an interagency management 14
33+committee for services to persons with disabilities. The committee shall 15
34+be composed of the commissioners, or their designees, of each state 16
35+agency that provides services to persons with disabilities. The 17 Substitute Bill No. 5373
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34-monthly review and evaluate services to persons with disabilities and
35-shall develop a policy under which state agencies may enter into
36-contracts with other state agencies for the delivery of services to persons
37-with disabilities. The first meeting of the committee shall be convened
38-by the Commissioner of Social Services.
39-(d)] The Department of Social Services shall maintain on the
40-department's Internet web site information on services provided to
41-persons with disabilities. The department's Internet web site shall
42-include a link to the Internet web page maintained by the Department
43-of Aging and Disability Services pursuant to section 17a-838 containing
44-information about services for deaf, deafblind and hard of hearing
45-individuals.
46-Sec. 2. Subdivision (1) of subsection (h) of section 17b-340 of the 2024
47-supplement to the general statutes is repealed and the following is
48-substituted in lieu thereof (Effective from passage):
49-(h) (1) For the fiscal year ending June 30, 1993, any intermediate care
50-facility for individuals with intellectual disabilities with an operating
51-cost component of its rate in excess of one hundred forty per cent of the
52-median of operating cost components of rates in effect January 1, 1992,
53-shall not receive an operating cost component increase. For the fiscal
54-year ending June 30, 1993, any intermediate care facility for individuals
55-with intellectual disabilities with an operating cost component of its rate
56-that is less than one hundred forty per cent of the median of operating
57-cost components of rates in effect January 1, 1992, shall have an
58-allowance for real wage growth equal to thirty per cent of the increase
59-determined in accordance with subsection (q) of section 17-311-52 of the
60-regulations of Connecticut state agencies, provided such operating cost
61-component shall not exceed one hundred forty per cent of the median
62-of operating cost components in effect January 1, 1992. Any facility with
63-real property other than land placed in service prior to October 1, 1991,
64-shall, for the fiscal year ending June 30, 1995, receive a rate of return on Substitute House Bill No. 5373
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42+committee shall monthly review and evaluate services to persons with 18
43+disabilities and shall develop a policy under which state agencies may 19
44+enter into contracts with other state agencies for the delivery of services 20
45+to persons with disabilities. The first meeting of the committee shall be 21
46+convened by the Commissioner of Social Services. 22
47+[(d)] (b) The Department of Social Services shall maintain on the 23
48+department's Internet web site information on services provided to 24
49+persons with disabilities. The department's Internet web site shall 25
50+include a link to the Internet web page maintained by the Department 26
51+of Aging and Disability Services pursuant to section 17a-838 containing 27
52+information about services for deaf, deafblind and hard of hearing 28
53+individuals. 29
54+Sec. 2. Subdivision (1) of subsection (h) of section 17b-340 of the 2024 30
55+supplement to the general statutes is repealed and the following is 31
56+substituted in lieu thereof (Effective from passage): 32
57+(h) (1) For the fiscal year ending June 30, 1993, any intermediate care 33
58+facility for individuals with intellectual disabilities with an operating 34
59+cost component of its rate in excess of one hundred forty per cent of the 35
60+median of operating cost components of rates in effect January 1, 1992, 36
61+shall not receive an operating cost component increase. For the fiscal 37
62+year ending June 30, 1993, any intermediate care facility for individuals 38
63+with intellectual disabilities with an operating cost component of its rate 39
64+that is less than one hundred forty per cent of the median of operating 40
65+cost components of rates in effect January 1, 1992, shall have an 41
66+allowance for real wage growth equal to thirty per cent of the increase 42
67+determined in accordance with subsection (q) of section 17-311-52 of the 43
68+regulations of Connecticut state agencies, provided such operating cost 44
69+component shall not exceed one hundred forty per cent of the median 45
70+of operating cost components in effect January 1, 1992. Any facility with 46
71+real property other than land placed in service prior to October 1, 1991, 47
72+shall, for the fiscal year ending June 30, 1995, receive a rate of return on 48
73+real property equal to the average of the rates of return applied to real 49
74+property other than land placed in service for the five years preceding 50 Substitute Bill No. 5373
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68-real property equal to the average of the rates of return applied to real
69-property other than land placed in service for the five years preceding
70-October 1, 1993. For the fiscal year ending June 30, 1996, and any
71-succeeding fiscal year, the rate of return on real property for property
72-items shall be revised every five years. The commissioner shall, upon
73-submission of a request, allow actual debt service, comprised of
74-principal and interest, in excess of property costs allowed pursuant to
75-section 17-311-52 of the regulations of Connecticut state agencies,
76-provided such debt service terms and amounts are reasonable in
77-relation to the useful life and the base value of the property. For the fiscal
78-year ending June 30, 1995, and any succeeding fiscal year, the inflation
79-adjustment made in accordance with subsection (p) of section 17-311-52
80-of the regulations of Connecticut state agencies shall not be applied to
81-real property costs. For the fiscal year ending June 30, 1996, and any
82-succeeding fiscal year, the allowance for real wage growth, as
83-determined in accordance with subsection (q) of section 17-311-52 of the
84-regulations of Connecticut state agencies, shall not be applied. For the
85-fiscal year ending June 30, 1996, and any succeeding fiscal year, no rate
86-shall exceed three hundred seventy-five dollars per day unless the
87-commissioner, in consultation with the Commissioner of
88-Developmental Services, determines after a review of program and
89-management costs, that a rate in excess of this amount is necessary for
90-care and treatment of facility residents. For the fiscal year ending June
91-30, 2002, rate period, the Commissioner of Social Services shall increase
92-the inflation adjustment for rates made in accordance with subsection
93-(p) of section 17-311-52 of the regulations of Connecticut state agencies
94-to update allowable fiscal year 2000 costs to include a three and one-half
95-per cent inflation factor. For the fiscal year ending June 30, 2003, rate
96-period, the commissioner shall increase the inflation adjustment for
97-rates made in accordance with subsection (p) of section 17-311-52 of the
98-regulations of Connecticut state agencies to update allowable fiscal year
99-2001 costs to include a one and one-half per cent inflation factor, except
100-that such increase shall be effective November 1, 2002, and such facility Substitute House Bill No. 5373
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104-rate in effect for the fiscal year ending June 30, 2002, shall be paid for
105-services provided until October 31, 2002, except any facility that would
106-have been issued a lower rate effective July 1, 2002, than for the fiscal
107-year ending June 30, 2002, due to interim rate status or agreement with
108-the department shall be issued such lower rate effective July 1, 2002, and
109-have such rate updated effective November 1, 2002, in accordance with
110-applicable statutes and regulations. For the fiscal year ending June 30,
111-2004, rates in effect for the period ending June 30, 2003, shall remain in
112-effect, except any facility that would have been issued a lower rate
113-effective July 1, 2003, than for the fiscal year ending June 30, 2003, due
114-to interim rate status or agreement with the department shall be issued
115-such lower rate effective July 1, 2003. For the fiscal year ending June 30,
116-2005, rates in effect for the period ending June 30, 2004, shall remain in
117-effect until September 30, 2004. Effective October 1, 2004, each facility
118-shall receive a rate that is five per cent greater than the rate in effect
119-September 30, 2004. Effective upon receipt of all the necessary federal
120-approvals to secure federal financial participation matching funds
121-associated with the rate increase provided in subdivision (4) of
122-subsection (f) of this section, but in no event earlier than October 1, 2005,
123-and provided the user fee imposed under section 17b-320 is required to
124-be collected, each facility shall receive a rate that is four per cent more
125-than the rate the facility received in the prior fiscal year, except any
126-facility that would have been issued a lower rate effective October 1,
127-2005, than for the fiscal year ending June 30, 2005, due to interim rate
128-status or agreement with the department, shall be issued such lower rate
129-effective October 1, 2005. Such rate increase shall remain in effect unless:
130-(A) The federal financial participation matching funds associated with
131-the rate increase are no longer available; or (B) the user fee created
132-pursuant to section 17b-320 is not in effect. For the fiscal year ending
133-June 30, 2007, rates in effect for the period ending June 30, 2006, shall
134-remain in effect until September 30, 2006, except any facility that would
135-have been issued a lower rate effective July 1, 2006, than for the fiscal
136-year ending June 30, 2006, due to interim rate status or agreement with Substitute House Bill No. 5373
81+October 1, 1993. For the fiscal year ending June 30, 1996, and any 51
82+succeeding fiscal year, the rate of return on real property for property 52
83+items shall be revised every five years. The commissioner shall, upon 53
84+submission of a request, allow actual debt service, comprised of 54
85+principal and interest, in excess of property costs allowed pursuant to 55
86+section 17-311-52 of the regulations of Connecticut state agencies, 56
87+provided such debt service terms and amounts are reasonable in 57
88+relation to the useful life and the base value of the property. For the fiscal 58
89+year ending June 30, 1995, and any succeeding fiscal year, the inflation 59
90+adjustment made in accordance with subsection (p) of section 17-311-52 60
91+of the regulations of Connecticut state agencies shall not be applied to 61
92+real property costs. For the fiscal year ending June 30, 1996, and any 62
93+succeeding fiscal year, the allowance for real wage growth, as 63
94+determined in accordance with subsection (q) of section 17-311-52 of the 64
95+regulations of Connecticut state agencies, shall not be applied. For the 65
96+fiscal year ending June 30, 1996, and any succeeding fiscal year, no rate 66
97+shall exceed three hundred seventy-five dollars per day unless the 67
98+commissioner, in consultation with the Commissioner of 68
99+Developmental Services, determines after a review of program and 69
100+management costs, that a rate in excess of this amount is necessary for 70
101+care and treatment of facility residents. For the fiscal year ending June 71
102+30, 2002, rate period, the Commissioner of Social Services shall increase 72
103+the inflation adjustment for rates made in accordance with subsection 73
104+(p) of section 17-311-52 of the regulations of Connecticut state agencies 74
105+to update allowable fiscal year 2000 costs to include a three and one-half 75
106+per cent inflation factor. For the fiscal year ending June 30, 2003, rate 76
107+period, the commissioner shall increase the inflation adjustment for 77
108+rates made in accordance with subsection (p) of section 17-311-52 of the 78
109+regulations of Connecticut state agencies to update allowable fiscal year 79
110+2001 costs to include a one and one-half per cent inflation factor, except 80
111+that such increase shall be effective November 1, 2002, and such facility 81
112+rate in effect for the fiscal year ending June 30, 2002, shall be paid for 82
113+services provided until October 31, 2002, except any facility that would 83
114+have been issued a lower rate effective July 1, 2002, than for the fiscal 84
115+year ending June 30, 2002, due to interim rate status or agreement with 85 Substitute Bill No. 5373
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140-the department, shall be issued such lower rate effective July 1, 2006.
141-Effective October 1, 2006, no facility shall receive a rate that is more than
142-three per cent greater than the rate in effect for the facility on September
143-30, 2006, except any facility that would have been issued a lower rate
144-effective October 1, 2006, due to interim rate status or agreement with
145-the department, shall be issued such lower rate effective October 1, 2006.
146-For the fiscal year ending June 30, 2008, each facility shall receive a rate
147-that is two and nine-tenths per cent greater than the rate in effect for the
148-period ending June 30, 2007, except any facility that would have been
149-issued a lower rate effective July 1, 2007, than for the rate period ending
150-June 30, 2007, due to interim rate status, or agreement with the
151-department, shall be issued such lower rate effective July 1, 2007. For the
152-fiscal year ending June 30, 2009, rates in effect for the period ending June
153-30, 2008, shall remain in effect until June 30, 2009, except any facility that
154-would have been issued a lower rate for the fiscal year ending June 30,
155-2009, due to interim rate status or agreement with the department, shall
156-be issued such lower rate. For the fiscal years ending June 30, 2010, and
157-June 30, 2011, rates in effect for the period ending June 30, 2009, shall
158-remain in effect until June 30, 2011, except any facility that would have
159-been issued a lower rate for the fiscal year ending June 30, 2010, or the
160-fiscal year ending June 30, 2011, due to interim rate status or agreement
161-with the department, shall be issued such lower rate. For the fiscal year
162-ending June 30, 2012, rates in effect for the period ending June 30, 2011,
163-shall remain in effect until June 30, 2012, except any facility that would
164-have been issued a lower rate for the fiscal year ending June 30, 2012,
165-due to interim rate status or agreement with the department, shall be
166-issued such lower rate. For the fiscal years ending June 30, 2014, and
167-June 30, 2015, rates shall not exceed those in effect for the period ending
168-June 30, 2013, except the rate paid to a facility may be higher than the
169-rate paid to the facility for the period ending June 30, 2013, if a capital
170-improvement approved by the Department of Developmental Services,
171-in consultation with the Department of Social Services, for the health or
172-safety of the residents was made to the facility during the fiscal year Substitute House Bill No. 5373
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122+the department shall be issued such lower rate effective July 1, 2002, and 86
123+have such rate updated effective November 1, 2002, in accordance with 87
124+applicable statutes and regulations. For the fiscal year ending June 30, 88
125+2004, rates in effect for the period ending June 30, 2003, shall remain in 89
126+effect, except any facility that would have been issued a lower rate 90
127+effective July 1, 2003, than for the fiscal year ending June 30, 2003, due 91
128+to interim rate status or agreement with the department shall be issued 92
129+such lower rate effective July 1, 2003. For the fiscal year ending June 30, 93
130+2005, rates in effect for the period ending June 30, 2004, shall remain in 94
131+effect until September 30, 2004. Effective October 1, 2004, each facility 95
132+shall receive a rate that is five per cent greater than the rate in effect 96
133+September 30, 2004. Effective upon receipt of all the necessary federal 97
134+approvals to secure federal financial participation matching funds 98
135+associated with the rate increase provided in subdivision (4) of 99
136+subsection (f) of this section, but in no event earlier than October 1, 2005, 100
137+and provided the user fee imposed under section 17b-320 is required to 101
138+be collected, each facility shall receive a rate that is four per cent more 102
139+than the rate the facility received in the prior fiscal year, except any 103
140+facility that would have been issued a lower rate effective October 1, 104
141+2005, than for the fiscal year ending June 30, 2005, due to interim rate 105
142+status or agreement with the department, shall be issued such lower rate 106
143+effective October 1, 2005. Such rate increase shall remain in effect unless: 107
144+(A) The federal financial participation matching funds associated with 108
145+the rate increase are no longer available; or (B) the user fee created 109
146+pursuant to section 17b-320 is not in effect. For the fiscal year ending 110
147+June 30, 2007, rates in effect for the period ending June 30, 2006, shall 111
148+remain in effect until September 30, 2006, except any facility that would 112
149+have been issued a lower rate effective July 1, 2006, than for the fiscal 113
150+year ending June 30, 2006, due to interim rate status or agreement with 114
151+the department, shall be issued such lower rate effective July 1, 2006. 115
152+Effective October 1, 2006, no facility shall receive a rate that is more than 116
153+three per cent greater than the rate in effect for the facility on September 117
154+30, 2006, except any facility that would have been issued a lower rate 118
155+effective October 1, 2006, due to interim rate status or agreement with 119
156+the department, shall be issued such lower rate effective October 1, 2006. 120 Substitute Bill No. 5373
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176-ending June 30, 2014, or June 30, 2015, to the extent such rate increases
177-are within available appropriations. Any facility that would have been
178-issued a lower rate for the fiscal year ending June 30, 2014, or the fiscal
179-year ending June 30, 2015, due to interim rate status or agreement with
180-the department, shall be issued such lower rate. For the fiscal years
181-ending June 30, 2016, and June 30, 2017, rates shall not exceed those in
182-effect for the period ending June 30, 2015, except the rate paid to a
183-facility may be higher than the rate paid to the facility for the period
184-ending June 30, 2015, if a capital improvement approved by the
185-Department of Developmental Services, in consultation with the
186-Department of Social Services, for the health or safety of the residents
187-was made to the facility during the fiscal year ending June 30, 2016, or
188-June 30, 2017, to the extent such rate increases are within available
189-appropriations. For the fiscal years ending June 30, 2016, and June 30,
190-2017, and each succeeding fiscal year, any facility that would have been
191-issued a lower rate, due to interim rate status, a change in allowable fair
192-rent or agreement with the department, shall be issued such lower rate.
193-For the fiscal years ending June 30, 2018, and June 30, 2019, rates shall
194-not exceed those in effect for the period ending June 30, 2017, except the
195-rate paid to a facility may be higher than the rate paid to the facility for
196-the period ending June 30, 2017, if a capital improvement approved by
197-the Department of Developmental Services, in consultation with the
198-Department of Social Services, for the health or safety of the residents
199-was made to the facility during the fiscal year ending June 30, 2018, or
200-June 30, 2019, only to the extent such rate increases are within available
201-appropriations. For the fiscal years ending June 30, 2020, and June 30,
202-2021, rates shall not exceed those in effect for the fiscal year ending June
203-30, 2019, except the rate paid to a facility may be higher than the rate
204-paid to the facility for the fiscal year ending June 30, 2019, if a capital
205-improvement approved by the Department of Developmental Services,
206-in consultation with the Department of Social Services, for the health or
207-safety of the residents was made to the facility during the fiscal year
208-ending June 30, 2020, or June 30, 2021, only to the extent such rate Substitute House Bill No. 5373
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212-increases are within available appropriations. For the fiscal year ending
213-June 30, 2022, rates shall not exceed those in effect for the fiscal year
214-ending June 30, 2021, except the commissioner may, in the
215-commissioner's discretion and within available appropriations, provide
216-pro rata fair rent increases to facilities that have documented fair rent
217-additions placed in service in the cost report year ending September 30,
218-2020, that are not otherwise included in rates issued. For the fiscal year
219-ending June 30, 2023, rates shall not exceed those in effect for the fiscal
220-year ending June 30, 2022, except the commissioner may, in the
221-commissioner's discretion and within available appropriations, provide
222-pro rata fair rent increases to facilities which have documented fair rent
223-additions placed in service in the cost report year ending September 30,
224-2021, that are not otherwise included in rates issued. For the fiscal years
225-ending June 30, 2022, and June 30, 2023, a facility may receive a rate
226-increase for a capital improvement approved by the Department of
227-Developmental Services, in consultation with the Department of Social
228-Services, for the health or safety of the residents during the fiscal year
229-ending June 30, 2022, or June 30, 2023, only to the extent such rate
230-increases are within available appropriations. There shall be no increase
231-to rates based on inflation or any inflationary factor for the fiscal years
232-ending June 30, 2022, and June 30, 2023. Notwithstanding any other
233-provisions of this chapter, any subsequent increase to allowable
234-operating costs, excluding fair rent, shall be inflated by the gross
235-domestic product deflator when funding is specifically appropriated for
236-such purposes in the enacted budget. The rate of inflation shall be
237-computed by comparing the most recent rate year to the average of the
238-gross domestic product deflator for the previous four fiscal quarters
239-ending [April thirtieth] March thirty-first. Any increase to rates based
240-on inflation shall be applied prior to the application of any other budget
241-adjustment factors that may impact such rates. For the fiscal year ending
242-June 30, 2024, the department shall determine facility rates based upon
243-2022 cost report filings subject to the provisions of this section, adjusted
244-to reflect any rate increases provided after the cost report year ending Substitute House Bill No. 5373
163+For the fiscal year ending June 30, 2008, each facility shall receive a rate 121
164+that is two and nine-tenths per cent greater than the rate in effect for the 122
165+period ending June 30, 2007, except any facility that would have been 123
166+issued a lower rate effective July 1, 2007, than for the rate period ending 124
167+June 30, 2007, due to interim rate status, or agreement with the 125
168+department, shall be issued such lower rate effective July 1, 2007. For the 126
169+fiscal year ending June 30, 2009, rates in effect for the period ending June 127
170+30, 2008, shall remain in effect until June 30, 2009, except any facility that 128
171+would have been issued a lower rate for the fiscal year ending June 30, 129
172+2009, due to interim rate status or agreement with the department, shall 130
173+be issued such lower rate. For the fiscal years ending June 30, 2010, and 131
174+June 30, 2011, rates in effect for the period ending June 30, 2009, shall 132
175+remain in effect until June 30, 2011, except any facility that would have 133
176+been issued a lower rate for the fiscal year ending June 30, 2010, or the 134
177+fiscal year ending June 30, 2011, due to interim rate status or agreement 135
178+with the department, shall be issued such lower rate. For the fiscal year 136
179+ending June 30, 2012, rates in effect for the period ending June 30, 2011, 137
180+shall remain in effect until June 30, 2012, except any facility that would 138
181+have been issued a lower rate for the fiscal year ending June 30, 2012, 139
182+due to interim rate status or agreement with the department, shall be 140
183+issued such lower rate. For the fiscal years ending June 30, 2014, and 141
184+June 30, 2015, rates shall not exceed those in effect for the period ending 142
185+June 30, 2013, except the rate paid to a facility may be higher than the 143
186+rate paid to the facility for the period ending June 30, 2013, if a capital 144
187+improvement approved by the Department of Developmental Services, 145
188+in consultation with the Department of Social Services, for the health or 146
189+safety of the residents was made to the facility during the fiscal year 147
190+ending June 30, 2014, or June 30, 2015, to the extent such rate increases 148
191+are within available appropriations. Any facility that would have been 149
192+issued a lower rate for the fiscal year ending June 30, 2014, or the fiscal 150
193+year ending June 30, 2015, due to interim rate status or agreement with 151
194+the department, shall be issued such lower rate. For the fiscal years 152
195+ending June 30, 2016, and June 30, 2017, rates shall not exceed those in 153
196+effect for the period ending June 30, 2015, except the rate paid to a 154
197+facility may be higher than the rate paid to the facility for the period 155 Substitute Bill No. 5373
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248-June 30, 2022, and with the addition of a two per cent adjustment factor.
249-No facility shall receive a rate less than the rate in effect for the fiscal
250-year ending June 30, 2023. For the fiscal year ending June 30, 2024, the
251-minimum per diem, per bed rate shall remain at five hundred one
252-dollars for a residential facility licensed pursuant to section 17a-227 and
253-certified to participate in the Title XIX Medicaid program as an
254-intermediate care facility for individuals with intellectual disability.
255-There shall be no increase to rates based on any inflationary factor for
256-the fiscal year ending June 30, 2024. For the fiscal year ending June 30,
257-2024, and each subsequent fiscal year, the commissioner may, in the
258-commissioner's discretion and within available appropriations, provide
259-pro rata fair rent increases to facilities that have documented fair rent
260-additions placed in service in the cost report years that are not otherwise
261-included in rates issued. For the fiscal year ending June 30, 2025, the
262-department shall determine facility rates based upon 2023 cost report
263-filings subject to the provisions of this section, adjusted to reflect any
264-rate increases provided after the cost report ending June 30, 2023. A
265-facility may receive a rate that is less than the rate in effect for the fiscal
266-year ending June 30, 2024, but shall not receive a rate less than the
267-minimum per diem, per bed rate. For the fiscal year ending June 30,
268-2025, the minimum per diem, per bed rate shall remain at five hundred
269-one dollars for a residential facility licensed pursuant to section 17a-227
270-and certified to participate in the Title XIX Medicaid program as an
271-intermediate care facility for individuals with intellectual disability.
272-There shall be no increase to rates based on any inflationary factor for
273-the fiscal year ending June 30, 2025. For the fiscal year ending June 30,
274-2026, the department shall determine facility rates based upon 2024 cost
275-report filings subject to the provisions of this section, adjusted to reflect
276-any rate increases provided after the cost report ending June 30, 2024.
277-For the fiscal year ending June 30, 2026, there shall be no minimum per
278-diem, per bed rate for a residential facility licensed pursuant to section
279-17a-227 and certified to participate in the Title XIX Medicaid program
280-as an intermediate care facility for individuals with intellectual Substitute House Bill No. 5373
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201+R01-HB.docx }
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204+ending June 30, 2015, if a capital improvement approved by the 156
205+Department of Developmental Services, in consultation with the 157
206+Department of Social Services, for the health or safety of the residents 158
207+was made to the facility during the fiscal year ending June 30, 2016, or 159
208+June 30, 2017, to the extent such rate increases are within available 160
209+appropriations. For the fiscal years ending June 30, 2016, and June 30, 161
210+2017, and each succeeding fiscal year, any facility that would have been 162
211+issued a lower rate, due to interim rate status, a change in allowable fair 163
212+rent or agreement with the department, shall be issued such lower rate. 164
213+For the fiscal years ending June 30, 2018, and June 30, 2019, rates shall 165
214+not exceed those in effect for the period ending June 30, 2017, except the 166
215+rate paid to a facility may be higher than the rate paid to the facility for 167
216+the period ending June 30, 2017, if a capital improvement approved by 168
217+the Department of Developmental Services, in consultation with the 169
218+Department of Social Services, for the health or safety of the residents 170
219+was made to the facility during the fiscal year ending June 30, 2018, or 171
220+June 30, 2019, only to the extent such rate increases are within available 172
221+appropriations. For the fiscal years ending June 30, 2020, and June 30, 173
222+2021, rates shall not exceed those in effect for the fiscal year ending June 174
223+30, 2019, except the rate paid to a facility may be higher than the rate 175
224+paid to the facility for the fiscal year ending June 30, 2019, if a capital 176
225+improvement approved by the Department of Developmental Services, 177
226+in consultation with the Department of Social Services, for the health or 178
227+safety of the residents was made to the facility during the fiscal year 179
228+ending June 30, 2020, or June 30, 2021, only to the extent such rate 180
229+increases are within available appropriations. For the fiscal year ending 181
230+June 30, 2022, rates shall not exceed those in effect for the fiscal year 182
231+ending June 30, 2021, except the commissioner may, in the 183
232+commissioner's discretion and within available appropriations, provide 184
233+pro rata fair rent increases to facilities that have documented fair rent 185
234+additions placed in service in the cost report year ending September 30, 186
235+2020, that are not otherwise included in rates issued. For the fiscal year 187
236+ending June 30, 2023, rates shall not exceed those in effect for the fiscal 188
237+year ending June 30, 2022, except the commissioner may, in the 189
238+commissioner's discretion and within available appropriations, provide 190 Substitute Bill No. 5373
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284-disability. There shall be no increase to rates based on any inflationary
285-factor for the fiscal year ending June 30, 2026. For the fiscal years ending
286-June 30, 2024, and June 30, 2025, a facility may receive a rate increase for
287-a capital improvement approved by the Department of Developmental
288-Services, in consultation with the Department of Social Services, for the
289-health or safety of the residents during the fiscal year ending June 30,
290-2024, or June 30, 2025, only to the extent such rate increases are within
291-available appropriations. Any facility that has a significant decrease in
292-land and building costs shall receive a reduced rate to reflect such
293-decrease in land and building costs. For the fiscal years ending June 30,
294-2012, June 30, 2013, June 30, 2014, June 30, 2015, June 30, 2016, June 30,
295-2017, June 30, 2018, June 30, 2019, June 30, 2020, June 30, 2021, June 30,
296-2022, June 30, 2023, June 30, 2024, and June 30, 2025, the Commissioner
297-of Social Services may provide fair rent increases to any facility that has
298-undergone a material change in circumstances related to fair rent and
299-has an approved certificate of need pursuant to section 17b-352, 17b-353,
300-17b-354 or 17b-355. Notwithstanding the provisions of this section, the
301-Commissioner of Social Services may, within available appropriations,
302-increase or decrease rates issued to intermediate care facilities for
303-individuals with intellectual disabilities to reflect a reduction in
304-available appropriations as provided in subsection (a) of this section.
305-For the fiscal years ending June 30, 2014, and June 30, 2015, the
306-commissioner shall not consider rebasing in determining rates.
307-Notwithstanding the provisions of this subsection, effective July 1, 2021,
308-and July 1, 2022, the commissioner shall, within available
309-appropriations, increase rates for the purpose of wage and benefit
310-enhancements for employees of intermediate care facilities. Facilities
311-that receive a rate adjustment for the purpose of wage and benefit
312-enhancements but do not provide increases in employee salaries as
313-described in this subsection on or before July 31, 2021, and July 31, 2022,
314-respectively, may be subject to a rate decrease in the same amount as the
315-adjustment by the commissioner. Substitute House Bill No. 5373
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318244
319-Sec. 3. Subsection (i) of section 17b-340 of the 2024 supplement to the
320-general statutes is repealed and the following is substituted in lieu
321-thereof (Effective from passage):
322-(i) For the fiscal year ending June 30, 1993, any residential care home
323-with an operating cost component of its rate in excess of one hundred
324-thirty per cent of the median of operating cost components of rates in
325-effect January 1, 1992, shall not receive an operating cost component
326-increase. For the fiscal year ending June 30, 1993, any residential care
327-home with an operating cost component of its rate that is less than one
328-hundred thirty per cent of the median of operating cost components of
329-rates in effect January 1, 1992, shall have an allowance for real wage
330-growth equal to sixty-five per cent of the increase determined in
331-accordance with subsection (q) of section 17-311-52 of the regulations of
332-Connecticut state agencies, provided such operating cost component
333-shall not exceed one hundred thirty per cent of the median of operating
334-cost components in effect January 1, 1992. Beginning with the fiscal year
335-ending June 30, 1993, for the purpose of determining allowable fair rent,
336-a residential care home with allowable fair rent less than the twenty-
337-fifth percentile of the state-wide allowable fair rent shall be reimbursed
338-as having allowable fair rent equal to the twenty-fifth percentile of the
339-state-wide allowable fair rent. Beginning with the fiscal year ending
340-June 30, 1997, a residential care home with allowable fair rent less than
341-three dollars and ten cents per day shall be reimbursed as having
342-allowable fair rent equal to three dollars and ten cents per day. Property
343-additions placed in service during the cost year ending September 30,
344-1996, or any succeeding cost year shall receive a fair rent allowance for
345-such additions as an addition to three dollars and ten cents per day if
346-the fair rent for the facility for property placed in service prior to
347-September 30, 1995, is less than or equal to three dollars and ten cents
348-per day. Beginning with the fiscal year ending June 30, 2016, a
349-residential care home shall be reimbursed the greater of the allowable
350-accumulated fair rent reimbursement associated with real property Substitute House Bill No. 5373
245+pro rata fair rent increases to facilities which have documented fair rent 191
246+additions placed in service in the cost report year ending September 30, 192
247+2021, that are not otherwise included in rates issued. For the fiscal years 193
248+ending June 30, 2022, and June 30, 2023, a facility may receive a rate 194
249+increase for a capital improvement approved by the Department of 195
250+Developmental Services, in consultation with the Department of Social 196
251+Services, for the health or safety of the residents during the fiscal year 197
252+ending June 30, 2022, or June 30, 2023, only to the extent such rate 198
253+increases are within available appropriations. There shall be no increase 199
254+to rates based on inflation or any inflationary factor for the fiscal years 200
255+ending June 30, 2022, and June 30, 2023. Notwithstanding any other 201
256+provisions of this chapter, any subsequent increase to allowable 202
257+operating costs, excluding fair rent, shall be inflated by the gross 203
258+domestic product deflator when funding is specifically appropriated for 204
259+such purposes in the enacted budget. The rate of inflation shall be 205
260+computed by comparing the most recent rate year to the average of the 206
261+gross domestic product deflator for the previous four fiscal quarters 207
262+ending [April thirtieth] March thirty-first. Any increase to rates based 208
263+on inflation shall be applied prior to the application of any other budget 209
264+adjustment factors that may impact such rates. For the fiscal year ending 210
265+June 30, 2024, the department shall determine facility rates based upon 211
266+2022 cost report filings subject to the provisions of this section, adjusted 212
267+to reflect any rate increases provided after the cost report year ending 213
268+June 30, 2022, and with the addition of a two per cent adjustment factor. 214
269+No facility shall receive a rate less than the rate in effect for the fiscal 215
270+year ending June 30, 2023. For the fiscal year ending June 30, 2024, the 216
271+minimum per diem, per bed rate shall remain at five hundred one 217
272+dollars for a residential facility licensed pursuant to section 17a-227 and 218
273+certified to participate in the Title XIX Medicaid program as an 219
274+intermediate care facility for individuals with intellectual disability. 220
275+There shall be no increase to rates based on any inflationary factor for 221
276+the fiscal year ending June 30, 2024. For the fiscal year ending June 30, 222
277+2024, and each subsequent fiscal year, the commissioner may, in the 223
278+commissioner's discretion and within available appropriations, provide 224
279+pro rata fair rent increases to facilities that have documented fair rent 225 Substitute Bill No. 5373
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353281
354-additions and land as calculated on a per day basis or three dollars and
355-ten cents per day if the allowable reimbursement associated with real
356-property additions and land is less than three dollars and ten cents per
357-day. For the fiscal year ending June 30, 1996, and any succeeding fiscal
358-year, the allowance for real wage growth, as determined in accordance
359-with subsection (q) of section 17-311-52 of the regulations of Connecticut
360-state agencies, shall not be applied. For the fiscal year ending June 30,
361-1996, and any succeeding fiscal year, the inflation adjustment made in
362-accordance with subsection (p) of section 17-311-52 of the regulations of
363-Connecticut state agencies shall not be applied to real property costs.
364-Beginning with the fiscal year ending June 30, 1997, minimum allowable
365-patient days for rate computation purposes for a residential care home
366-with twenty-five beds or less shall be eighty-five per cent of licensed
367-capacity. Beginning with the fiscal year ending June 30, 2002, for the
368-purposes of determining the allowable salary of an administrator of a
369-residential care home with sixty beds or less the department shall revise
370-the allowable base salary to thirty-seven thousand dollars to be annually
371-inflated thereafter in accordance with section 17-311-52 of the
372-regulations of Connecticut state agencies. The rates for the fiscal year
373-ending June 30, 2002, shall be based upon the increased allowable salary
374-of an administrator, regardless of whether such amount was expended
375-in the 2000 cost report period upon which the rates are based. Beginning
376-with the fiscal year ending June 30, 2000, and until the fiscal year ending
377-June 30, 2009, inclusive, the inflation adjustment for rates made in
378-accordance with subsection (p) of section 17-311-52 of the regulations of
379-Connecticut state agencies shall be increased by two per cent, and
380-beginning with the fiscal year ending June 30, 2002, the inflation
381-adjustment for rates made in accordance with subsection (c) of said
382-section shall be increased by one per cent. Beginning with the fiscal year
383-ending June 30, 1999, for the purpose of determining the allowable
384-salary of a related party, the department shall revise the maximum
385-salary to twenty-seven thousand eight hundred fifty-six dollars to be
386-annually inflated thereafter in accordance with section 17-311-52 of the Substitute House Bill No. 5373
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286+additions placed in service in the cost report years that are not otherwise 226
287+included in rates issued. For the fiscal year ending June 30, 2025, the 227
288+department shall determine facility rates based upon 2023 cost report 228
289+filings subject to the provisions of this section, adjusted to reflect any 229
290+rate increases provided after the cost report ending June 30, 2023. A 230
291+facility may receive a rate that is less than the rate in effect for the fiscal 231
292+year ending June 30, 2024, but shall not receive a rate less than the 232
293+minimum per diem, per bed rate. For the fiscal year ending June 30, 233
294+2025, the minimum per diem, per bed rate shall remain at five hundred 234
295+one dollars for a residential facility licensed pursuant to section 17a-227 235
296+and certified to participate in the Title XIX Medicaid program as an 236
297+intermediate care facility for individuals with intellectual disability. 237
298+There shall be no increase to rates based on any inflationary factor for 238
299+the fiscal year ending June 30, 2025. For the fiscal year ending June 30, 239
300+2026, the department shall determine facility rates based upon 2024 cost 240
301+report filings subject to the provisions of this section, adjusted to reflect 241
302+any rate increases provided after the cost report ending June 30, 2024. 242
303+For the fiscal year ending June 30, 2026, there shall be no minimum per 243
304+diem, per bed rate for a residential facility licensed pursuant to section 244
305+17a-227 and certified to participate in the Title XIX Medicaid program 245
306+as an intermediate care facility for individuals with intellectual 246
307+disability. There shall be no increase to rates based on any inflationary 247
308+factor for the fiscal year ending June 30, 2026. For the fiscal years ending 248
309+June 30, 2024, and June 30, 2025, a facility may receive a rate increase for 249
310+a capital improvement approved by the Department of Developmental 250
311+Services, in consultation with the Department of Social Services, for the 251
312+health or safety of the residents during the fiscal year ending June 30, 252
313+2024, or June 30, 2025, only to the extent such rate increases are within 253
314+available appropriations. Any facility that has a significant decrease in 254
315+land and building costs shall receive a reduced rate to reflect such 255
316+decrease in land and building costs. For the fiscal years ending June 30, 256
317+2012, June 30, 2013, June 30, 2014, June 30, 2015, June 30, 2016, June 30, 257
318+2017, June 30, 2018, June 30, 2019, June 30, 2020, June 30, 2021, June 30, 258
319+2022, June 30, 2023, June 30, 2024, and June 30, 2025, the Commissioner 259
320+of Social Services may provide fair rent increases to any facility that has 260 Substitute Bill No. 5373
389321
390-regulations of Connecticut state agencies and beginning with the fiscal
391-year ending June 30, 2001, such allowable salary shall be computed on
392-an hourly basis and the maximum number of hours allowed for a related
393-party other than the proprietor shall be increased from forty hours to
394-forty-eight hours per work week. For the fiscal year ending June 30,
395-2005, each facility shall receive a rate that is two and one-quarter per
396-cent more than the rate the facility received in the prior fiscal year,
397-except any facility that would have been issued a lower rate effective
398-July 1, 2004, than for the fiscal year ending June 30, 2004, due to interim
399-rate status or agreement with the department shall be issued such lower
400-rate effective July 1, 2004. Effective upon receipt of all the necessary
401-federal approvals to secure federal financial participation matching
402-funds associated with the rate increase provided in subdivision (4) of
403-subsection (f) of this section, but in no event earlier than October 1, 2005,
404-and provided the user fee imposed under section 17b-320 is required to
405-be collected, each facility shall receive a rate that is determined in
406-accordance with applicable law and subject to appropriations, except
407-any facility that would have been issued a lower rate effective October
408-1, 2005, than for the fiscal year ending June 30, 2005, due to interim rate
409-status or agreement with the department, shall be issued such lower rate
410-effective October 1, 2005. Such rate increase shall remain in effect unless:
411-(1) The federal financial participation matching funds associated with
412-the rate increase are no longer available; or (2) the user fee created
413-pursuant to section 17b-320 is not in effect. For the fiscal year ending
414-June 30, 2007, rates in effect for the period ending June 30, 2006, shall
415-remain in effect until September 30, 2006, except any facility that would
416-have been issued a lower rate effective July 1, 2006, than for the fiscal
417-year ending June 30, 2006, due to interim rate status or agreement with
418-the department, shall be issued such lower rate effective July 1, 2006.
419-Effective October 1, 2006, no facility shall receive a rate that is more than
420-four per cent greater than the rate in effect for the facility on September
421-30, 2006, except for any facility that would have been issued a lower rate
422-effective October 1, 2006, due to interim rate status or agreement with Substitute House Bill No. 5373
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424-Public Act No. 24-134 13 of 23
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425326
426-the department, shall be issued such lower rate effective October 1, 2006.
427-For the fiscal years ending June 30, 2010, and June 30, 2011, rates in effect
428-for the period ending June 30, 2009, shall remain in effect until June 30,
429-2011, except any facility that would have been issued a lower rate for
430-the fiscal year ending June 30, 2010, or the fiscal year ending June 30,
431-2011, due to interim rate status or agreement with the department, shall
432-be issued such lower rate, except (A) any facility that would have been
433-issued a lower rate for the fiscal year ending June 30, 2010, or the fiscal
434-year ending June 30, 2011, due to interim rate status or agreement with
435-the Commissioner of Social Services shall be issued such lower rate; and
436-(B) the commissioner may increase a facility's rate for reasonable costs
437-associated with such facility's compliance with the provisions of section
438-19a-495a concerning the administration of medication by unlicensed
439-personnel. For the fiscal year ending June 30, 2012, rates in effect for the
440-period ending June 30, 2011, shall remain in effect until June 30, 2012,
441-except that (i) any facility that would have been issued a lower rate for
442-the fiscal year ending June 30, 2012, due to interim rate status or
443-agreement with the Commissioner of Social Services shall be issued
444-such lower rate; and (ii) the commissioner may increase a facility's rate
445-for reasonable costs associated with such facility's compliance with the
446-provisions of section 19a-495a concerning the administration of
447-medication by unlicensed personnel. For the fiscal year ending June 30,
448-2013, the Commissioner of Social Services may, within available
449-appropriations, provide a rate increase to a residential care home. Any
450-facility that would have been issued a lower rate for the fiscal year
451-ending June 30, 2013, due to interim rate status or agreement with the
452-Commissioner of Social Services shall be issued such lower rate. For the
453-fiscal years ending June 30, 2012, and June 30, 2013, the Commissioner
454-of Social Services may provide fair rent increases to any facility that has
455-undergone a material change in circumstances related to fair rent and
456-has an approved certificate of need pursuant to section 17b-352, 17b-353,
457-17b-354 or 17b-355. For the fiscal years ending June 30, 2014, and June
458-30, 2015, for those facilities that have a calculated rate greater than the Substitute House Bill No. 5373
327+undergone a material change in circumstances related to fair rent and 261
328+has an approved certificate of need pursuant to section 17b-352, 17b-353, 262
329+17b-354 or 17b-355. Notwithstanding the provisions of this section, the 263
330+Commissioner of Social Services may, within available appropriations, 264
331+increase or decrease rates issued to intermediate care facilities for 265
332+individuals with intellectual disabilities to reflect a reduction in 266
333+available appropriations as provided in subsection (a) of this section. 267
334+For the fiscal years ending June 30, 2014, and June 30, 2015, the 268
335+commissioner shall not consider rebasing in determining rates. 269
336+Notwithstanding the provisions of this subsection, effective July 1, 2021, 270
337+and July 1, 2022, the commissioner shall, within available 271
338+appropriations, increase rates for the purpose of wage and benefit 272
339+enhancements for employees of intermediate care facilities. Facilities 273
340+that receive a rate adjustment for the purpose of wage and benefit 274
341+enhancements but do not provide increases in employee salaries as 275
342+described in this subsection on or before July 31, 2021, and July 31, 2022, 276
343+respectively, may be subject to a rate decrease in the same amount as the 277
344+adjustment by the commissioner. 278
345+Sec. 3. Subsection (i) of section 17b-340 of the 2024 supplement to the 279
346+general statutes is repealed and the following is substituted in lieu 280
347+thereof (Effective from passage): 281
348+(i) For the fiscal year ending June 30, 1993, any residential care home 282
349+with an operating cost component of its rate in excess of one hundred 283
350+thirty per cent of the median of operating cost components of rates in 284
351+effect January 1, 1992, shall not receive an operating cost component 285
352+increase. For the fiscal year ending June 30, 1993, any residential care 286
353+home with an operating cost component of its rate that is less than one 287
354+hundred thirty per cent of the median of operating cost components of 288
355+rates in effect January 1, 1992, shall have an allowance for real wage 289
356+growth equal to sixty-five per cent of the increase determined in 290
357+accordance with subsection (q) of section 17-311-52 of the regulations of 291
358+Connecticut state agencies, provided such operating cost component 292
359+shall not exceed one hundred thirty per cent of the median of operating 293 Substitute Bill No. 5373
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461361
462-rate in effect for the fiscal year ending June 30, 2013, the commissioner
463-may increase facility rates based upon available appropriations up to a
464-stop gain as determined by the commissioner. No facility shall be issued
465-a rate that is lower than the rate in effect on June 30, 2013, except that
466-any facility that would have been issued a lower rate for the fiscal year
467-ending June 30, 2014, or the fiscal year ending June 30, 2015, due to
468-interim rate status or agreement with the commissioner, shall be issued
469-such lower rate. For the fiscal year ending June 30, 2014, and each fiscal
470-year thereafter, a residential care home shall receive a rate increase for
471-any capital improvement made during the fiscal year for the health and
472-safety of residents and approved by the Department of Social Services,
473-provided such rate increase is within available appropriations. For the
474-fiscal year ending June 30, 2015, and each succeeding fiscal year
475-thereafter, costs of less than ten thousand dollars that are incurred by a
476-facility and are associated with any land, building or nonmovable
477-equipment repair or improvement that are reported in the cost year used
478-to establish the facility's rate shall not be capitalized for a period of more
479-than five years for rate-setting purposes. For the fiscal year ending June
480-30, 2015, subject to available appropriations, the commissioner may, at
481-the commissioner's discretion: Increase the inflation cost limitation
482-under subsection (c) of section 17-311-52 of the regulations of
483-Connecticut state agencies, provided such inflation allowance factor
484-does not exceed a maximum of five per cent; establish a minimum rate
485-of return applied to real property of five per cent inclusive of assets
486-placed in service during cost year 2013; waive the standard rate of return
487-under subsection (f) of section 17-311-52 of the regulations of
488-Connecticut state agencies for ownership changes or health and safety
489-improvements that exceed one hundred thousand dollars and that are
490-required under a consent order from the Department of Public Health;
491-and waive the rate of return adjustment under subsection (f) of section
492-17-311-52 of the regulations of Connecticut state agencies to avoid
493-financial hardship. For the fiscal years ending June 30, 2016, and June
494-30, 2017, rates shall not exceed those in effect for the period ending June Substitute House Bill No. 5373
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366+cost components in effect January 1, 1992. Beginning with the fiscal year 294
367+ending June 30, 1993, for the purpose of determining allowable fair rent, 295
368+a residential care home with allowable fair rent less than the twenty-296
369+fifth percentile of the state-wide allowable fair rent shall be reimbursed 297
370+as having allowable fair rent equal to the twenty-fifth percentile of the 298
371+state-wide allowable fair rent. Beginning with the fiscal year ending 299
372+June 30, 1997, a residential care home with allowable fair rent less than 300
373+three dollars and ten cents per day shall be reimbursed as having 301
374+allowable fair rent equal to three dollars and ten cents per day. Property 302
375+additions placed in service during the cost year ending September 30, 303
376+1996, or any succeeding cost year shall receive a fair rent allowance for 304
377+such additions as an addition to three dollars and ten cents per day if 305
378+the fair rent for the facility for property placed in service prior to 306
379+September 30, 1995, is less than or equal to three dollars and ten cents 307
380+per day. Beginning with the fiscal year ending June 30, 2016, a 308
381+residential care home shall be reimbursed the greater of the allowable 309
382+accumulated fair rent reimbursement associated with real property 310
383+additions and land as calculated on a per day basis or three dollars and 311
384+ten cents per day if the allowable reimbursement associated with real 312
385+property additions and land is less than three dollars and ten cents per 313
386+day. For the fiscal year ending June 30, 1996, and any succeeding fiscal 314
387+year, the allowance for real wage growth, as determined in accordance 315
388+with subsection (q) of section 17-311-52 of the regulations of Connecticut 316
389+state agencies, shall not be applied. For the fiscal year ending June 30, 317
390+1996, and any succeeding fiscal year, the inflation adjustment made in 318
391+accordance with subsection (p) of section 17-311-52 of the regulations of 319
392+Connecticut state agencies shall not be applied to real property costs. 320
393+Beginning with the fiscal year ending June 30, 1997, minimum allowable 321
394+patient days for rate computation purposes for a residential care home 322
395+with twenty-five beds or less shall be eighty-five per cent of licensed 323
396+capacity. Beginning with the fiscal year ending June 30, 2002, for the 324
397+purposes of determining the allowable salary of an administrator of a 325
398+residential care home with sixty beds or less the department shall revise 326
399+the allowable base salary to thirty-seven thousand dollars to be annually 327
400+inflated thereafter in accordance with section 17-311-52 of the 328 Substitute Bill No. 5373
497401
498-30, 2015, except the commissioner may, in the commissioner's discretion
499-and within available appropriations, provide pro rata fair rent increases
500-to facilities which have documented fair rent additions placed in service
501-in cost report years ending September 30, 2014, and September 30, 2015,
502-that are not otherwise included in rates issued. For the fiscal years
503-ending June 30, 2016, and June 30, 2017, and each succeeding fiscal year,
504-any facility that would have been issued a lower rate, due to interim rate
505-status, a change in allowable fair rent or agreement with the department,
506-shall be issued such lower rate. For the fiscal year ending June 30, 2018,
507-rates shall not exceed those in effect for the period ending June 30, 2017,
508-except the commissioner may, in the commissioner's discretion and
509-within available appropriations, provide pro rata fair rent increases to
510-facilities which have documented fair rent additions placed in service in
511-the cost report year ending September 30, 2016, that are not otherwise
512-included in rates issued. For the fiscal year ending June 30, 2019, rates
513-shall not exceed those in effect for the period ending June 30, 2018,
514-except the commissioner may, in the commissioner's discretion and
515-within available appropriations, provide pro rata fair rent increases to
516-facilities which have documented fair rent additions placed in service in
517-the cost report year ending September 30, 2017, that are not otherwise
518-included in rates issued. For the fiscal year ending June 30, 2020, rates
519-shall not exceed those in effect for the fiscal year ending June 30, 2019,
520-except the commissioner may, in the commissioner's discretion and
521-within available appropriations, provide pro rata fair rent increases to
522-facilities which have documented fair rent additions placed in service in
523-the cost report year ending September 30, 2018, that are not otherwise
524-included in rates issued. For the fiscal year ending June 30, 2021, rates
525-shall not exceed those in effect for the fiscal year ending June 30, 2020,
526-except the commissioner may, in the commissioner's discretion and
527-within available appropriations, provide pro rata fair rent increases to
528-facilities which have documented fair rent additions placed in service in
529-the cost report year ending September 30, 2019, that are not otherwise
530-included in rates issued. For the fiscal year ending June 30, 2022, the Substitute House Bill No. 5373
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534-commissioner may, in the commissioner's discretion and within
535-available appropriations, provide pro rata fair rent increases to facilities
536-that have documented fair rent additions placed in service in the cost
537-report year ending September 30, 2020, that are not otherwise included
538-in rates issued. For the fiscal year ending June 30, 2023, the
539-commissioner may, in the commissioner's discretion and within
540-available appropriations, provide pro rata fair rent increases to facilities
541-which have documented fair rent additions placed in service in the cost
542-report year ending September 30, 2021, that are not otherwise included
543-in rates issued. For the fiscal years ending June 30, 2022, and June 30,
544-2023, a facility may receive a rate increase for a capital improvement
545-approved by the Department of Social Services, for the health or safety
546-of the residents during the fiscal year ending June 30, 2022, or June 30,
547-2023, only to the extent such rate increases are within available
548-appropriations. For the fiscal year ending June 30, 2022, and June 30,
549-2023, rates shall be based upon rates in effect for the fiscal year ending
550-June 30, 2021, inflated by the gross domestic product deflator applicable
551-to each rate year, except the commissioner may, in the commissioner's
552-discretion and within available appropriations, provide pro rata fair
553-rent increases to facilities which have documented fair rent additions
554-placed in service in the cost report years ending September 30, 2020, and
555-September 30, 2021, that are not otherwise included in rates issued. For
556-the fiscal years ending June 30, 2024, and June 30, 2025, a facility may
557-receive a rate increase for a capital improvement approved by the
558-Department of Social Services, for the health or safety of the residents
559-during the fiscal year ending June 30, 2024, or June 30, 2025, only to the
560-extent such rate increases are within available appropriations. For the
561-fiscal year ending June 30, 2024, the department shall determine facility
562-rates based upon 2022 cost report filings subject to the provisions of this
563-section, adjusted to reflect any rate increases provided after the cost
564-report year ending September 30, 2022. There shall be no increase to
565-rates based on any inflationary factor for the fiscal year ending June 30,
566-2024. Notwithstanding any other provisions of this chapter, any Substitute House Bill No. 5373
407+regulations of Connecticut state agencies. The rates for the fiscal year 329
408+ending June 30, 2002, shall be based upon the increased allowable salary 330
409+of an administrator, regardless of whether such amount was expended 331
410+in the 2000 cost report period upon which the rates are based. Beginning 332
411+with the fiscal year ending June 30, 2000, and until the fiscal year ending 333
412+June 30, 2009, inclusive, the inflation adjustment for rates made in 334
413+accordance with subsection (p) of section 17-311-52 of the regulations of 335
414+Connecticut state agencies shall be increased by two per cent, and 336
415+beginning with the fiscal year ending June 30, 2002, the inflation 337
416+adjustment for rates made in accordance with subsection (c) of said 338
417+section shall be increased by one per cent. Beginning with the fiscal year 339
418+ending June 30, 1999, for the purpose of determining the allowable 340
419+salary of a related party, the department shall revise the maximum 341
420+salary to twenty-seven thousand eight hundred fifty-six dollars to be 342
421+annually inflated thereafter in accordance with section 17-311-52 of the 343
422+regulations of Connecticut state agencies and beginning with the fiscal 344
423+year ending June 30, 2001, such allowable salary shall be computed on 345
424+an hourly basis and the maximum number of hours allowed for a related 346
425+party other than the proprietor shall be increased from forty hours to 347
426+forty-eight hours per work week. For the fiscal year ending June 30, 348
427+2005, each facility shall receive a rate that is two and one-quarter per 349
428+cent more than the rate the facility received in the prior fiscal year, 350
429+except any facility that would have been issued a lower rate effective 351
430+July 1, 2004, than for the fiscal year ending June 30, 2004, due to interim 352
431+rate status or agreement with the department shall be issued such lower 353
432+rate effective July 1, 2004. Effective upon receipt of all the necessary 354
433+federal approvals to secure federal financial participation matching 355
434+funds associated with the rate increase provided in subdivision (4) of 356
435+subsection (f) of this section, but in no event earlier than October 1, 2005, 357
436+and provided the user fee imposed under section 17b-320 is required to 358
437+be collected, each facility shall receive a rate that is determined in 359
438+accordance with applicable law and subject to appropriations, except 360
439+any facility that would have been issued a lower rate effective October 361
440+1, 2005, than for the fiscal year ending June 30, 2005, due to interim rate 362
441+status or agreement with the department, shall be issued such lower rate 363 Substitute Bill No. 5373
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570-subsequent increase to allowable operating costs, excluding fair rent,
571-shall be inflated by the gross domestic product deflator when funding
572-is specifically appropriated for such purposes in the enacted budget.
573-The rate of inflation shall be computed by comparing the most recent
574-rate year to the average of the gross domestic product deflator for the
575-previous four fiscal quarters ending [April thirtieth] March thirty-first.
576-Any increase to rates based on inflation shall be applied prior to the
577-application of any other budget adjustment factors that may impact
578-such rates. The commissioner shall determine whether and to what
579-extent a change in ownership of a facility shall occasion the rebasing of
580-the facility's costs. There shall be no inflation adjustment during a year
581-in which a facility's rates are rebased. For the fiscal year ending June 30,
582-2024, the commissioner may, in the commissioner's discretion and
583-within available appropriations, provide pro rata fair rent increases to
584-facilities that have documented fair rent additions placed in service in
585-the cost report year ending September 30, 2022, that are not otherwise
586-included in rates issued. For the fiscal year ending June 30, 2025, the
587-commissioner may, in the commissioner's discretion and within
588-available appropriations, provide pro rata fair rent increases to facilities
589-that have documented fair rent additions placed in service in the cost
590-report year ending September 30, 2023, that are not otherwise included
591-in rates issued.
592-Sec. 4. Subdivision (11) of subsection (a) of section 17b-340d of the
593-2024 supplement to the general statutes is repealed and the following is
594-substituted in lieu thereof (Effective from passage):
595-(11) There shall be no increase to rates based on inflation or any
596-inflationary factor for the fiscal years ending June 30, 2022, and June 30,
597-2023, unless otherwise authorized under subdivision (1) of this
598-subsection. Notwithstanding section 17-311-52 of the regulations of
599-Connecticut state agencies, for the fiscal years ending June 30, 2024, and
600-June 30, 2025, there shall be no inflationary increases to rates beyond Substitute House Bill No. 5373
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448+effective October 1, 2005. Such rate increase shall remain in effect unless: 364
449+(1) The federal financial participation matching funds associated with 365
450+the rate increase are no longer available; or (2) the user fee created 366
451+pursuant to section 17b-320 is not in effect. For the fiscal year ending 367
452+June 30, 2007, rates in effect for the period ending June 30, 2006, shall 368
453+remain in effect until September 30, 2006, except any facility that would 369
454+have been issued a lower rate effective July 1, 2006, than for the fiscal 370
455+year ending June 30, 2006, due to interim rate status or agreement with 371
456+the department, shall be issued such lower rate effective July 1, 2006. 372
457+Effective October 1, 2006, no facility shall receive a rate that is more than 373
458+four per cent greater than the rate in effect for the facility on September 374
459+30, 2006, except for any facility that would have been issued a lower rate 375
460+effective October 1, 2006, due to interim rate status or agreement with 376
461+the department, shall be issued such lower rate effective October 1, 2006. 377
462+For the fiscal years ending June 30, 2010, and June 30, 2011, rates in effect 378
463+for the period ending June 30, 2009, shall remain in effect until June 30, 379
464+2011, except any facility that would have been issued a lower rate for 380
465+the fiscal year ending June 30, 2010, or the fiscal year ending June 30, 381
466+2011, due to interim rate status or agreement with the department, shall 382
467+be issued such lower rate, except (A) any facility that would have been 383
468+issued a lower rate for the fiscal year ending June 30, 2010, or the fiscal 384
469+year ending June 30, 2011, due to interim rate status or agreement with 385
470+the Commissioner of Social Services shall be issued such lower rate; and 386
471+(B) the commissioner may increase a facility's rate for reasonable costs 387
472+associated with such facility's compliance with the provisions of section 388
473+19a-495a concerning the administration of medication by unlicensed 389
474+personnel. For the fiscal year ending June 30, 2012, rates in effect for the 390
475+period ending June 30, 2011, shall remain in effect until June 30, 2012, 391
476+except that (i) any facility that would have been issued a lower rate for 392
477+the fiscal year ending June 30, 2012, due to interim rate status or 393
478+agreement with the Commissioner of Social Services shall be issued 394
479+such lower rate; and (ii) the commissioner may increase a facility's rate 395
480+for reasonable costs associated with such facility's compliance with the 396
481+provisions of section 19a-495a concerning the administration of 397
482+medication by unlicensed personnel. For the fiscal year ending June 30, 398 Substitute Bill No. 5373
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604-those already factored into the model for the transition to an acuity-
605-based reimbursement system. Notwithstanding any other provisions of
606-this chapter, any subsequent increase to allowable operating costs,
607-excluding fair rent, shall be inflated by the gross domestic product
608-deflator when funding is specifically appropriated for such purposes in
609-the enacted budget. The rate of inflation shall be computed by
610-comparing the most recent rate year to the average of the gross domestic
611-product deflator for the previous four fiscal quarters ending [April
612-thirtieth] March thirty-first. Any increase to rates based on inflation
613-shall be applied prior to the application of any other budget adjustment
614-factors that may impact such rates.
615-Sec. 5. Subsection (c) of section 17a-784 of the general statutes is
616-repealed and the following is substituted in lieu thereof (Effective from
617-passage):
618-(c) The Commissioner of Aging and Disability Services shall develop
619-and maintain a program of public education and information. The
620-program shall include, but need not be limited to, education of the
621-public concerning services available from the Department of Aging and
622-Disability Services, its policies and goals, an outreach effort to discover
623-persons with disabilities, including such persons who are minorities as
624-defined in subsection (a) of section 32-9n, who may benefit from the
625-services it offers and the dissemination of printed materials to persons
626-at their initial meeting with staff of the department, including a
627-statement of such person's rights. [Each state agency providing services
628-to persons with disabilities shall furnish to each person applying for
629-such services, at the time of initial application, a written summary of all
630-state programs for persons with disabilities. Such summary shall be
631-developed by the Department of Social Services as the lead agency for
632-services to persons with disabilities pursuant to section 17b-606. The
633-Department of Social Services shall distribute sufficient copies of the
634-summary to all state agencies providing services to persons with Substitute House Bill No. 5373
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638-disabilities in order that such copies may be furnished in accordance
639-with this subsection.]
640-Sec. 6. Section 4-67bb of the 2024 supplement to the general statutes
641-is repealed and the following is substituted in lieu thereof (Effective from
642-passage):
643-Not later than October 1, 2023, the Secretary of the Office of Policy
644-and Management shall establish two new staff positions, (1) one of
645-whom shall serve as state-wide coordinator of programs and services
646-provided by state agencies for individuals with autism spectrum
647-disorder, and (2) one of whom shall (A) identify programs and services
648-provided by state agencies for individuals who have an intellectual or
649-developmental disability other than autism spectrum disorder; and (B)
650-help commissioners of such agencies to coordinate such programs and
651-services. The secretary shall establish an interagency coalition, which
652-shall include, but need not be limited to, representatives from the
653-Department of Developmental Services, in its capacity as the lead
654-agency for persons with an intellectual or developmental disability
655-pursuant to section 17a-210, and the Department of Social Services, in
656-its capacity as the lead agency for persons with autism spectrum
657-disorder pursuant to section 17a-215c. The coalition shall meet not less
658-than quarterly and work on strategies to reduce silos in the provision of
659-state agency services for such persons. Not later than July 1, 2025, the
660-secretary shall submit a report, in accordance with the provisions of
661-section 11-4a, on the progress of the interagency coalition in reducing
662-silos of services with the joint standing committees of the General
663-Assembly having cognizance of matters relating to human services and
664-public health.
665-Sec. 7. Section 17a-238b of the 2024 supplement to the general statutes
666-is repealed and the following is substituted in lieu thereof (Effective from
667-passage): Substitute House Bill No. 5373
489+2013, the Commissioner of Social Services may, within available 399
490+appropriations, provide a rate increase to a residential care home. Any 400
491+facility that would have been issued a lower rate for the fiscal year 401
492+ending June 30, 2013, due to interim rate status or agreement with the 402
493+Commissioner of Social Services shall be issued such lower rate. For the 403
494+fiscal years ending June 30, 2012, and June 30, 2013, the Commissioner 404
495+of Social Services may provide fair rent increases to any facility that has 405
496+undergone a material change in circumstances related to fair rent and 406
497+has an approved certificate of need pursuant to section 17b-352, 17b-353, 407
498+17b-354 or 17b-355. For the fiscal years ending June 30, 2014, and June 408
499+30, 2015, for those facilities that have a calculated rate greater than the 409
500+rate in effect for the fiscal year ending June 30, 2013, the commissioner 410
501+may increase facility rates based upon available appropriations up to a 411
502+stop gain as determined by the commissioner. No facility shall be issued 412
503+a rate that is lower than the rate in effect on June 30, 2013, except that 413
504+any facility that would have been issued a lower rate for the fiscal year 414
505+ending June 30, 2014, or the fiscal year ending June 30, 2015, due to 415
506+interim rate status or agreement with the commissioner, shall be issued 416
507+such lower rate. For the fiscal year ending June 30, 2014, and each fiscal 417
508+year thereafter, a residential care home shall receive a rate increase for 418
509+any capital improvement made during the fiscal year for the health and 419
510+safety of residents and approved by the Department of Social Services, 420
511+provided such rate increase is within available appropriations. For the 421
512+fiscal year ending June 30, 2015, and each succeeding fiscal year 422
513+thereafter, costs of less than ten thousand dollars that are incurred by a 423
514+facility and are associated with any land, building or nonmovable 424
515+equipment repair or improvement that are reported in the cost year used 425
516+to establish the facility's rate shall not be capitalized for a period of more 426
517+than five years for rate-setting purposes. For the fiscal year ending June 427
518+30, 2015, subject to available appropriations, the commissioner may, at 428
519+the commissioner's discretion: Increase the inflation cost limitation 429
520+under subsection (c) of section 17-311-52 of the regulations of 430
521+Connecticut state agencies, provided such inflation allowance factor 431
522+does not exceed a maximum of five per cent; establish a minimum rate 432
523+of return applied to real property of five per cent inclusive of assets 433 Substitute Bill No. 5373
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671-(a) The Commissioner of Developmental Services, in consultation
672-with the Commissioner of Social Services and the Secretary of the Office
673-of Policy and Management, shall reduce waiting lists for services in
674-Medicaid waiver programs established under Section 1915(c) of the
675-Social Security Act and administered by the Department of
676-Developmental Services. Not later than January 1, 2024, and annually
677-thereafter, the Commissioner of Developmental Services, in
678-consultation with the Office of Policy and Management staff person
679-employed pursuant to section 4-67bb to help agencies coordinate
680-programs and services for individuals who have an intellectual or
681-developmental disability other than autism spectrum disorder, shall file
682-a report, in accordance with the provisions of section 11-4a, [and in
683-consultation with the Commissioner of Developmental Services, on]
684-with the joint standing committees of the General Assembly having
685-cognizance of matters relating to appropriations, human services and
686-public health. The report shall include, but need not be limited to, data
687-from the prior fiscal year regarding information on persons currently
688-receiving services through the Medicaid waiver programs administered
689-by the Department of Developmental Services. Such information shall
690-include aggregated, deidentified data regarding the following:
691-(1) [the] The number and age ranges of persons [waiting for services
692-in the waiver programs and the number of underserved persons waiting
693-for additional services in the waiver programs,] who are not receiving
694-services through the department's Medicaid waiver programs and are
695-included on the department's wait list for residential services;
696-(2) [the number of persons added to and subtracted from such
697-waiting lists for the previous calendar year, and (3) whether] The
698-number and age ranges of persons who are currently receiving
699-Medicaid waiver program services through the department, but are
700-waiting for residential services and are included on the department's
701-wait list for residential support services, including the type of services Substitute House Bill No. 5373
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530+placed in service during cost year 2013; waive the standard rate of return 434
531+under subsection (f) of section 17-311-52 of the regulations of 435
532+Connecticut state agencies for ownership changes or health and safety 436
533+improvements that exceed one hundred thousand dollars and that are 437
534+required under a consent order from the Department of Public Health; 438
535+and waive the rate of return adjustment under subsection (f) of section 439
536+17-311-52 of the regulations of Connecticut state agencies to avoid 440
537+financial hardship. For the fiscal years ending June 30, 2016, and June 441
538+30, 2017, rates shall not exceed those in effect for the period ending June 442
539+30, 2015, except the commissioner may, in the commissioner's discretion 443
540+and within available appropriations, provide pro rata fair rent increases 444
541+to facilities which have documented fair rent additions placed in service 445
542+in cost report years ending September 30, 2014, and September 30, 2015, 446
543+that are not otherwise included in rates issued. For the fiscal years 447
544+ending June 30, 2016, and June 30, 2017, and each succeeding fiscal year, 448
545+any facility that would have been issued a lower rate, due to interim rate 449
546+status, a change in allowable fair rent or agreement with the department, 450
547+shall be issued such lower rate. For the fiscal year ending June 30, 2018, 451
548+rates shall not exceed those in effect for the period ending June 30, 2017, 452
549+except the commissioner may, in the commissioner's discretion and 453
550+within available appropriations, provide pro rata fair rent increases to 454
551+facilities which have documented fair rent additions placed in service in 455
552+the cost report year ending September 30, 2016, that are not otherwise 456
553+included in rates issued. For the fiscal year ending June 30, 2019, rates 457
554+shall not exceed those in effect for the period ending June 30, 2018, 458
555+except the commissioner may, in the commissioner's discretion and 459
556+within available appropriations, provide pro rata fair rent increases to 460
557+facilities which have documented fair rent additions placed in service in 461
558+the cost report year ending September 30, 2017, that are not otherwise 462
559+included in rates issued. For the fiscal year ending June 30, 2020, rates 463
560+shall not exceed those in effect for the fiscal year ending June 30, 2019, 464
561+except the commissioner may, in the commissioner's discretion and 465
562+within available appropriations, provide pro rata fair rent increases to 466
563+facilities which have documented fair rent additions placed in service in 467
564+the cost report year ending September 30, 2018, that are not otherwise 468 Substitute Bill No. 5373
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705-being provided;
706-(3) Whether such waiting lists have increased or decreased over the
707-previous [calendar] fiscal year and, if so, by how [may] many persons;
708-[with the joint standing committees of the General Assembly having
709-cognizance of matters relating to appropriations and the budgets of state
710-agencies, human services and public health.]
711-(4) The number of persons who have an intellectual or developmental
712-disability other than autism spectrum disorder who are waiting for
713-access to employment opportunities or day services;
714-(5) The number and age ranges of the primary caregiver for persons
715-with an intellectual or developmental disability other than autism
716-spectrum disorder who are living in their family home;
717-(6) Recommendations and initiatives the department is developing to
718-reduce the waiting list over the next fiscal year;
719-(7) The number and age ranges of individuals currently being served
720-through the Medicaid waiver programs;
721-(8) The number and age ranges of individuals currently receiving
722-residential services through the Medicaid waiver programs; and
723-(9) The number and age ranges of persons added to and subtracted
724-from waiting lists over the previous fiscal year.
725-(b) The commissioner shall post the report on the department's
726-Internet web site.
727-Sec. 8. Section 17a-215g of the 2024 supplement to the general statutes
728-is repealed and the following is substituted in lieu thereof (Effective from
729-passage):
730-(a) The Commissioner of Social Services, in consultation with the Substitute House Bill No. 5373
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734-Secretary of the Office of Policy and Management and within available
735-appropriations, shall expand the Medicaid waiver program for persons
736-with autism spectrum disorder to reduce the number of persons on a
737-waiting list to receive services under the program.
738-(b) Not later than January 1, 2024, and annually thereafter, the
739-Commissioner of Social Services, in consultation with the Office of
740-Policy and Management's state-wide coordinator of programs and
741-services provided by state agencies for individuals with autism
742-spectrum disorder, appointed pursuant to section 4-67bb, shall file a
743-report, in accordance with the provisions of section 11-4a, [and in
744-consultation with the Commissioner of Social Services, on (1) the
745-number of persons waiting for services in the program, (2) the number
746-of underserved persons in the program waiting for additional services,
747-(3) the number of persons added and subtracted from the waiting list in
748-the previous calendar year, (4) whether such waiting list has increased
749-or decreased over the previous calendar year and, if so, by how may
750-persons, and (5) recommendations to further reduce the waiting list and
751-associated costs] with the joint standing committees of the General
752-Assembly having cognizance of matters relating to appropriations and
753-the budgets of state agencies and human services and the Autism
754-Spectrum Disorder Advisory Council, established pursuant to section
755-17a-215j.
756-(c) The report shall include, but need not be limited to, aggregated,
757-deidentified data from the prior fiscal year regarding:
758-(1) The number and age ranges of persons waiting for services in the
759-Medicaid waiver program and the number and ages of persons
760-currently being served by the waiver program;
761-(2) The number and age ranges of persons waiting for residential care
762-and the number and ages of persons receiving residential care through
763-the Medicaid waiver program; Substitute House Bill No. 5373
571+included in rates issued. For the fiscal year ending June 30, 2021, rates 469
572+shall not exceed those in effect for the fiscal year ending June 30, 2020, 470
573+except the commissioner may, in the commissioner's discretion and 471
574+within available appropriations, provide pro rata fair rent increases to 472
575+facilities which have documented fair rent additions placed in service in 473
576+the cost report year ending September 30, 2019, that are not otherwise 474
577+included in rates issued. For the fiscal year ending June 30, 2022, the 475
578+commissioner may, in the commissioner's discretion and within 476
579+available appropriations, provide pro rata fair rent increases to facilities 477
580+that have documented fair rent additions placed in service in the cost 478
581+report year ending September 30, 2020, that are not otherwise included 479
582+in rates issued. For the fiscal year ending June 30, 2023, the 480
583+commissioner may, in the commissioner's discretion and within 481
584+available appropriations, provide pro rata fair rent increases to facilities 482
585+which have documented fair rent additions placed in service in the cost 483
586+report year ending September 30, 2021, that are not otherwise included 484
587+in rates issued. For the fiscal years ending June 30, 2022, and June 30, 485
588+2023, a facility may receive a rate increase for a capital improvement 486
589+approved by the Department of Social Services, for the health or safety 487
590+of the residents during the fiscal year ending June 30, 2022, or June 30, 488
591+2023, only to the extent such rate increases are within available 489
592+appropriations. For the fiscal year ending June 30, 2022, and June 30, 490
593+2023, rates shall be based upon rates in effect for the fiscal year ending 491
594+June 30, 2021, inflated by the gross domestic product deflator applicable 492
595+to each rate year, except the commissioner may, in the commissioner's 493
596+discretion and within available appropriations, provide pro rata fair 494
597+rent increases to facilities which have documented fair rent additions 495
598+placed in service in the cost report years ending September 30, 2020, and 496
599+September 30, 2021, that are not otherwise included in rates issued. For 497
600+the fiscal years ending June 30, 2024, and June 30, 2025, a facility may 498
601+receive a rate increase for a capital improvement approved by the 499
602+Department of Social Services, for the health or safety of the residents 500
603+during the fiscal year ending June 30, 2024, or June 30, 2025, only to the 501
604+extent such rate increases are within available appropriations. For the 502
605+fiscal year ending June 30, 2024, the department shall determine facility 503 Substitute Bill No. 5373
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767-(3) The number and age ranges of underserved persons currently
768-receiving services in the Medicaid waiver program but who are waiting
769-for additional services in the Medicaid waiver program and a brief
770-description of the services for which such persons are waiting;
771-(4) The number and age ranges of persons added to and subtracted
772-from the waiting list for the previous calendar year;
773-(5) Whether the waiting list has increased or decreased over the
774-previous calendar year and, if so, by how many persons;
775-(6) Measurable data, if such data is available to the department,
776-including outcome data, for persons who are eligible to receive services
777-pursuant to the Medicaid waiver program for persons with autism
778-spectrum disorder, including, but not limited to: (A) The number of such
779-persons who are enrolled in postsecondary education, (B) the
780-employment status of such persons, and (C) a description of such
781-persons' living arrangements, including, if applicable, the ages of such
782-persons' guardians with whom they reside; and
783-(7) Recommendations to further reduce the waiting list and
784-associated costs.
785-(d) The commissioner shall post the report on the department's
786-Internet web site.
787-Sec. 9. Section 17a-215e of the 2024 supplement to the general statutes
788-is repealed. (Effective from passage)
789-Sec. 10. Sections 17b-608 and 17b-609 of the general statutes are
790-repealed. (Effective from passage)
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612+rates based upon 2022 cost report filings subject to the provisions of this 504
613+section, adjusted to reflect any rate increases provided after the cost 505
614+report year ending September 30, 2022. There shall be no increase to 506
615+rates based on any inflationary factor for the fiscal year ending June 30, 507
616+2024. Notwithstanding any other provisions of this chapter, any 508
617+subsequent increase to allowable operating costs, excluding fair rent, 509
618+shall be inflated by the gross domestic product deflator when funding 510
619+is specifically appropriated for such purposes in the enacted budget. 511
620+The rate of inflation shall be computed by comparing the most recent 512
621+rate year to the average of the gross domestic product deflator for the 513
622+previous four fiscal quarters ending [April thirtieth] March thirty-first. 514
623+Any increase to rates based on inflation shall be applied prior to the 515
624+application of any other budget adjustment factors that may impact 516
625+such rates. The commissioner shall determine whether and to what 517
626+extent a change in ownership of a facility shall occasion the rebasing of 518
627+the facility's costs. There shall be no inflation adjustment during a year 519
628+in which a facility's rates are rebased. For the fiscal year ending June 30, 520
629+2024, the commissioner may, in the commissioner's discretion and 521
630+within available appropriations, provide pro rata fair rent increases to 522
631+facilities that have documented fair rent additions placed in service in 523
632+the cost report year ending September 30, 2022, that are not otherwise 524
633+included in rates issued. For the fiscal year ending June 30, 2025, the 525
634+commissioner may, in the commissioner's discretion and within 526
635+available appropriations, provide pro rata fair rent increases to facilities 527
636+that have documented fair rent additions placed in service in the cost 528
637+report year ending September 30, 2023, that are not otherwise included 529
638+in rates issued. 530
639+Sec. 4. Subdivision (11) of subsection (a) of section 17b-340d of the 531
640+2024 supplement to the general statutes is repealed and the following is 532
641+substituted in lieu thereof (Effective from passage): 533
642+(11) There shall be no increase to rates based on inflation or any 534
643+inflationary factor for the fiscal years ending June 30, 2022, and June 30, 535
644+2023, unless otherwise authorized under subdivision (1) of this 536 Substitute Bill No. 5373
645+
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649+17 of 18
650+
651+subsection. Notwithstanding section 17-311-52 of the regulations of 537
652+Connecticut state agencies, for the fiscal years ending June 30, 2024, and 538
653+June 30, 2025, there shall be no inflationary increases to rates beyond 539
654+those already factored into the model for the transition to an acuity-540
655+based reimbursement system. Notwithstanding any other provisions of 541
656+this chapter, any subsequent increase to allowable operating costs, 542
657+excluding fair rent, shall be inflated by the gross domestic product 543
658+deflator when funding is specifically appropriated for such purposes in 544
659+the enacted budget. The rate of inflation shall be computed by 545
660+comparing the most recent rate year to the average of the gross domestic 546
661+product deflator for the previous four fiscal quarters ending [April 547
662+thirtieth] March thirty-first. Any increase to rates based on inflation 548
663+shall be applied prior to the application of any other budget adjustment 549
664+factors that may impact such rates. 550
665+Sec. 5. Subsection (c) of section 17a-784 of the general statutes is 551
666+repealed and the following is substituted in lieu thereof (Effective from 552
667+passage): 553
668+(c) The Commissioner of Aging and Disability Services shall develop 554
669+and maintain a program of public education and information. The 555
670+program shall include, but need not be limited to, education of the 556
671+public concerning services available from the Department of Aging and 557
672+Disability Services, its policies and goals, an outreach effort to discover 558
673+persons with disabilities, including such persons who are minorities as 559
674+defined in subsection (a) of section 32-9n, who may benefit from the 560
675+services it offers and the dissemination of printed materials to persons 561
676+at their initial meeting with staff of the department, including a 562
677+statement of such person's rights. [Each state agency providing services 563
678+to persons with disabilities shall furnish to each person applying for 564
679+such services, at the time of initial application, a written summary of all 565
680+state programs for persons with disabilities. Such summary shall be 566
681+developed by the Department of Social Services as the lead agency for 567
682+services to persons with disabilities pursuant to section 17b-606. The 568
683+Department of Social Services shall distribute sufficient copies of the 569 Substitute Bill No. 5373
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688+18 of 18
689+
690+summary to all state agencies providing services to persons with 570
691+disabilities in order that such copies may be furnished in accordance 571
692+with this subsection.] 572
693+Sec. 6. Sections 17b-608 and 17b-609 of the general statutes are 573
694+repealed. (Effective from passage) 574
695+This act shall take effect as follows and shall amend the following
696+sections:
697+
698+Section 1 from passage 17b-606
699+Sec. 2 from passage 17b-340(h)(1)
700+Sec. 3 from passage 17b-340(i)
701+Sec. 4 from passage 17b-340d(a)(11)
702+Sec. 5 from passage 17a-784(c)
703+Sec. 6 from passage Repealer section
704+
705+HS Joint Favorable Subst.
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